10–29–04 Friday Vol. 69 No. 209 Oct. 29, 2004

Pages 63041–63316

VerDate jul 14 2003 18:21 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\29OCWS.LOC 29OCWS

i II Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.archives.gov. What’s NEW! The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication Federal Register Table of Contents via e-mail established under the Federal Register Act. Under 44 U.S.C. 1507, Subscribe to FEDREGTOC, to receive the Federal Register Table of the contents of the Federal Register shall be judicially noticed. Contents in your e-mail every day. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases If you get the HTML version, you can click directly to any document on GPO Access, a service of the U.S. Government Printing Office. in the issue. The online edition of the Federal Register www.gpoaccess.gov/ To subscribe, go to http://listserv.access.gpo.gov and select: nara, available through GPO Access, is issued under the authority Online mailing list archives of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 FEDREGTOC-L U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day Join or leave the list the Federal Register is published and includes both text and Then follow the instructions. graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via email at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. What’s NEW! Eastern Time, Monday–Friday, except official holidays. Regulations.gov, the award-winning Federal eRulemaking Portal The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Regulations.gov is the one-stop U.S. Government web site that makes Federal Register, Federal Register Index and List of CFR Sections it easy to participate in the regulatory process. Affected (LSA) subscription; the microfiche edition of the Federal Try this fast and reliable resource to find all rules published in the Register including the Federal Register Index and LSA is $165, Federal Register that are currently open for public comment. Submit plus postage. Six month subscriptions are available for one-half comments to agencies by filling out a simple web form, or use avail- the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of able email addresses and web sites. a single copy of the daily Federal Register, including postage, The Regulations.gov e-democracy initiative is brought to you by is based on the number of pages: $11 for an issue containing NARA, GPO, EPA and their eRulemaking partners. less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues Visit the web site at: http://www.regulations.gov of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; or call toll free 1-866- 512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 69 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington DC 20402, along with the entire mailing label from the last issue received.

.

VerDate jul 14 2003 18:21 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\29OCWS.LOC 29OCWS III

Contents Federal Register Vol. 69, No. 209

Friday, October 29, 2004

Agricultural Marketing Service See National Oceanic and Atmospheric Administration RULES Walnuts grown in— Committee for Purchase From People Who Are Blind or California, 63043–63045 Severely Disabled NOTICES NOTICES Pears, canned; grade standards, 63132 Procurement list; additions and deletions, 63138–63140 Sweet potatoes; grade standards, 63132–63133 Watermelons; grade standards, 63133–63134 Committee for the Implementation of Textile Agreements NOTICES Agriculture Department Textile and apparel categories: See Agricultural Marketing Service Andean Trade Promotion and Drug Eradication Act; See Farm Service Agency commercial availability— See Federal Crop Insurance Corporation Polyester monofilament texturized, raw, white yarn, See Forest Service 63141–63142 See Rural Utilities Service Defense Department Architectural and Transportation Barriers Compliance Board See Army Department NOTICES Meetings: Drug Enforcement Administration Access Board, 63138 NOTICES Applications, hearings, determinations, etc.: Army Department Cambrex North Brunswick Inc., 63178 NOTICES EZRX, LLC, 63178–63182 Senior Executive Service: Performance Review Board; membership, 63142 Employment and Training Administration NOTICES Blind or Severely Disabled, Committee for Purchase From Adjustment assistance: People Who Are Eclipsys Corp., 63182 See Committee for Purchase From People Who Are Blind Interdynamics, Inc., 63182 or Severely Disabled Kamco Plastics, Inc., 63182 PPC Insulators, 63182–63183 Bonneville Power Administration Southern Mechanical Services, Inc., 63183 NOTICES Environmental statements; record of decision: Employment Standards Administration Federal Columbia River Transmission System— NOTICES Summit/Westward Project, OR; interconnection, 63145 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, Centers for Disease Control and Prevention 63183–63184 NOTICES Organization, functions, and authority delegations: Energy Department Global Migration and Quarantine Division, National See Bonneville Power Administration Center for Infectious Diseases, 63154–63156 See Federal Energy Regulatory Commission NOTICES Central Intelligence Agency Electricity export and import authorizations, permits, etc.: RULES Dynergy Power Marketing, Inc., 63142–63143 Debarment and suspension procedures, 63064 Meetings: Civil Rights Commission Environmental Management Site-Specific Advisory Board— NOTICES Hanford Site, WA, 63143–63144 Meetings; State advisory committees: Paducah Gaseous Diffusion Plant, KY, 63144–63145 Texas, 63140 Rocky Flats, CO, 63143 Coast Guard RULES Environmental Protection Agency Drawbridge operations: RULES Maryland, 63064–63066 Air programs; approval and promulgation; State plans for PROPOSED RULES designated facilities and pollutants: Drawbridge operations: Virginia, 63075–63079 New Jersey, 63109–63111 Air quality implementation plans; approval and promulgation; various States; air quality planning Commerce Department purposes; designation of areas: See International Trade Administration Missouri, 63072–63075

VerDate jul<14>2003 18:22 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\29OCCN.SGM 29OCCN IV Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Contents

Air quality implementation plans; approval and RTCA, Inc., 63193 promulgation; various States: Indiana, 63069–63072 Federal Communications Commission Texas, 63066–63069 NOTICES Hazardous waste program authorizations: Agency information collection activities; proposals, Indiana, 63100–63103 submissions, and approvals, 63150–63151 Pesticides; tolerances in food, animal feeds, and raw Common carrier services: agricultural commodities: Wireless telecommunications services— Pyraclostrobin, 63083–63100 211 and 511 abreviated dialing codes designation; Water programs: reconsideration petitions; record refresh request, Water quality standards— 63151–63152 Alaska, Arkansas, and Puerto Rico; water quality Meetings: criteria withdrawn, 63079–63083 Consumer Advisory Committee, 63152–63153 PROPOSED RULES Air pollution control: Federal Crop Insurance Corporation State operating permits programs— RULES Particulate matter; air quality criteria; document Crop insurance regulations: availability, 63111–63112 Peanuts, 63041–63043 Air programs; approval and promulgation; State plans for Pecans designated facilities and pollutants: Correction, 63041 Virginia, 63113–63114 Air quality implementation plans; approval and Federal Emergency Management Agency promulgation; various States: NOTICES Indiana, 63112–63113 Disaster and emergency areas: Texas, 63112 Alabama, 63163 NOTICES Florida, 63163 Environmental statements; availability, etc.: Louisiana, 63163 Agency statements— Mississippi, 63163–63164 Comment availability, 63146–63147 New Jersey, 63164 Weekly receipts, 63147 New York, 63164–63165 Meetings: Ohio, 63165 World Trade Center Expert Technical Review Panel, Pennsylvania, 63165 63148–63149 Tennessee, 63165–63166 Superfund; response and remedial actions, proposed Virginia, 63166 settlements, etc.: Pacific Sound Resources Site, WA, 63149–63150 Federal Energy Regulatory Commission South Central Terminal Site, IL, 63150 NOTICES Electric rate and corporate regulation filings, 63145–63146 Executive Office of the President See Central Intelligence Agency Fish and Wildlife Service See Management and Budget Office NOTICES Farm Service Agency Agency information collection activities; proposals, NOTICES submissions, and approvals, 63172–63173 Grants and cooperative agreements; availability, etc.: Florida citrus, fruit and vegetable, and nursery crop Food and Drug Administration disaster programs, 63134–63136 NOTICES Agency information collection activities; proposals, Federal Aviation Administration submissions, and approvals, 63156–63158 RULES Meetings: Airworthiness directives: Medical Devices Advisory Committee, 63158 Empresa Brasileira de Aeronautica S.A. (EMBRAER), Reports and guidance documents; availability, etc.: 63053–63054 Imported milk and cream; compliance policy guide, MD Helicopters, Inc., 63054–63055 63158–63159 Class D and E airspace, 63055–63056 Class E airspace, 63056–63064 Forest Service Correction, 63062 NOTICES PROPOSED RULES Environmental statements; notice of intent: Airworthiness directives: Kootenai National Forest, MT, 63136–63138 Boeing, 63106–63109 Nez Perce National Forest et al., ID; cancelled, 63138 Rolls-Royce Ltd., 63104–63106 Meetings: Jet routes; withdrawn, 63109 Olympic Provincial Advisory Committee, 63138 NOTICES Aeronautical land-use assurance; waivers: General Services Administration Deer Park Municipal Airport, WA, 63191–63192 NOTICES Dillant-Hopkins Airport, NH, 63192 Federal Management Regulation: Meetings: Motor vehicle management (Bulletin FMR 2004-B), Aviation Rulemaking Advisory Committee, 63192–63193 63153–63154

VerDate jul<14>2003 18:22 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\29OCCN.SGM 29OCCN Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Contents V

Health and Human Services Department Survey plat filings: See Centers for Disease Control and Prevention Arizona, 63174 See Food and Drug Administration See National Institutes of Health Management and Budget Office See Substance Abuse and Mental Health Services NOTICES Administration Agency information collection activities; proposals, NOTICES submissions, and approvals, 63186–63187 Meetings: Medicare Trustee Reports Technical Advisory Panel, Maritime Administration 63154 NOTICES Vital and Health Statistics National Committee, 63154 Coastwise trade laws; administrative waivers: METALFISH, 63193 Homeland Security Department MYSTIC WIND, 63194 See Coast Guard PHOENIX, 63194 See Federal Emergency Management Agency SAILS CALL, 63194–63195 SERENITY, 63195 Housing and Urban Development Department YACHT LADY, 63195–63196 NOTICES Grant and cooperative agreement awards: National Aeronautics and Space Administration Historically Black Colleges and Universities Program, NOTICES 63166–63167 Committees; establishment, renewal, termination, etc.: Grants and cooperative agreements; availability, etc.: Financial Management Advisory Committee, 63184– Homeless assistance; excess and surplus Federal 63185 properties, 63167–63171 National Institute for Literacy Interior Department NOTICES See Fish and Wildlife Service Meetings: See Land Management Bureau Advisory Board, 63185 See National Park Service NOTICES National Institutes of Health Meetings: NOTICES Delaware and Lehigh National Heritage Corridor Agency information collection activities; proposals, Commission, 63171 submissions, and approvals, 63159–63160 National Wild and Scenic River System: Inventions, Government-owned; availability for licensing, Westfield River, MA, 63171–63172 63160–63161 Meetings: International Trade Administration Interagency Autism Coordinating Committee, 63161 NOTICES Patent licenses; non-exclusive, exclusive, or partially Antidumping: exclusive: Corrosion resistant carbon steel flat products from— Fundaco Butantan, 63162 Korea, 63140 Heavy forged hand tools, finished or unfinished, with or National Oceanic and Atmospheric Administration without handles from— PROPOSED RULES China, 63140–63141 Fishery conservation and management: Stainless steel flanges from— Alaska; fisheries of Exclusive Economic Zone— India, 63141 Bering Sea and Aleutian Islands king and tanner crab, 63199–63316 International Trade Commission Marine mammals: NOTICES Incidental taking— Import investigations: Dolphin and tuna conservation; tuna purse seine Insect traps, 63176–63177 vessels in Eastern Tropical Pacific Ocean; Polyvinyl alcohol from— classification and permit application changes, Taiwan, 63177–63178 63122–63131 Taking and importation— Justice Department Kodiak Island, AK; rocket launches at Kodiak Launch See Drug Enforcement Administration Complex; pinnipeds, 63114–63122 NOTICES Executive Office for Immigration Review: National Park Service Class action settlements— NOTICES Barahona-Gomez v. Ashcroft, 63178 Boundary establishment, descriptions, etc.: Big Thicket National Preserve, TX, 63174–63175 Labor Department Environmental statements; availability, etc.: See Employment and Training Administration George Washington Memorial Parkway, VA; bridge See Employment Standards Administration rehabilitation, 63175 Meetings: Land Management Bureau Kaloko-Honokohau National Historical Park Advisory NOTICES Commission, 63175 Environmental statements; record of decision: National Register of Historic Places: South Powder River Basin Coal Area, WY, 63173 Pending nominations, 63175–63176

VerDate jul<14>2003 18:22 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\29OCCN.SGM 29OCCN VI Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Contents

National Science Foundation Thrift Supervision Office NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 63185–63186 submissions, and approvals, 63196–63197 Office of Management and Budget See Management and Budget Office Transportation Department See Federal Aviation Administration Overseas Private Investment Corporation See Maritime Administration NOTICES See Surface Transportation Board Meetings; Sunshine Act, 63187–63188 NOTICES Privacy Act: Rural Utilities Service Systems of records, 63190–63191 RULES Bonds and notes issued for electrification or telephone Treasury Department purposes; guarantees, 63045–63053 See Thrift Supervision Office Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 63188 Separate Parts In This Issue Self-regulatory organizations; proposed rule changes: Options Clearing Corp., 63188–63190 Part II Substance Abuse and Mental Health Services Commerce Department, National Oceanic and Atmospheric Administration Administration, 63199–63316 NOTICES Senior Executive Service: Performance Review Board; membership, 63162 Reader Aids Surface Transportation Board Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Railroad operation, acquisition, construction, etc.: and notice of recently enacted public laws. Union Pacific Railroad Co., 63196 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Textile Agreements Implementation Committee listserv.access.gpo.gov and select Online mailing list See Committee for the Implementation of Textile archives, FEDREGTOC-L, Join or leave the list (or change Agreements settings); then follow the instructions.

VerDate jul<14>2003 18:22 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\29OCCN.SGM 29OCCN Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Contents VII

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 457 (2 documents) ...... 63041 984...... 63043 1720...... 63045 14 CFR 39 (2 documents) ...... 63053, 63054 71 (8 documents) ...... 63055, 63056, 63057, 63059, 63060, 63061, 63062, 63065 Proposed Rules: 39 (2 documents) ...... 63104, 63106 71...... 63109 32 CFR 1910...... 63064 33 CFR 117...... 63064 Proposed Rules: 117...... 63109 40 CFR 52 (3 documents) ...... 63066, 63069, 63072 62...... 63075 81...... 63072 131...... 63079 180...... 63083 271...... 63100 Proposed Rules: 50...... 63111 52 (2 documents) ...... 63112 62...... 63113 50 CFR Proposed Rules: 216 (2 documents) ...... 63114, 63122 300...... 63122 679...... 63200 680...... 63200

VerDate jul 14 2003 18:24 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\29OCLS.LOC 29OCLS 63041

Rules and Regulations Federal Register Vol. 69, No. 209

Friday, October 29, 2004

This section of the FEDERAL REGISTER List of Subjects in 7 CFR Part 457 ACTION: Final rule. contains regulatory documents having general applicability and legal effect, most of which Crop insurance, Pecan, Reporting and SUMMARY: The Federal Crop Insurance are keyed to and codified in the Code of recordkeeping requirements. Corporation (FCIC) finalizes Federal Regulations, which is published under Correction of Publication amendments to the Peanut Crop 50 titles pursuant to 44 U.S.C. 1510. Insurance Provisions. The intended I Accordingly, 7 CFR part 457 is effects of this action are to provide The Code of Federal Regulations is sold by corrected by making the following policy changes and clarify existing the Superintendent of Documents. Prices of correcting amendments: new books are listed in the first FEDERAL policy provisions to better meet the REGISTER issue of each week. needs of the insured and to restrict the PART 457—COMMON CROP effect of the current Peanut Crop INSURANCE REGULATIONS Insurance Regulations to the 2004 and DEPARTMENT OF AGRICULTURE I 1. The authority citation for 7 CFR part prior crop years. 457 continues to read as follows: EFFECTIVE DATE: November 29, 2004. Federal Crop Insurance Corporation FOR FURTHER INFORMATION CONTACT: Gary Authority: 7 U.S.C. 1506(l) and 1506(p). Johnson, Risk Management, Specialist, 7 CFR Part 457 I 2. Amend § 457.167 as follows: Research and Development, Product RIN 0563–AB91 I a. Revise section 3(g) to read as set Development Division, Risk forth below; Management Agency, United States Common Crop Insurance Regulations, I b. In the Pecan Revenue Example in Department of Agriculture, 6501 Beacon Pecan Revenue Crop Insurance section 13, remove the dollar figure Drive, Stop 0812, Room 421, Kansas Provisions; Correction ‘‘$17,000.00’’ from the last sentence and City, MO 64133–4676, telephone (816) insert ‘‘$17,700.00’’ in its place; 926–7730. AGENCY: Federal Crop Insurance The revision reads as follows: SUPPLEMENTARY INFORMATION: Corporation, USDA. ACTION: Final rule; correction. § 457.167 Pecan revenue crop insurance Executive Order 12866 provisions. This rule has been determined to be SUMMARY: This document contains a * * * * * correction to the final regulation which non-significant for the purposes of 3. Insurance Guarantees and Coverage was published Wednesday, August 25, Executive Order 12866 and, therefore, it Levels for Determining Indemnities 2004 (69 FR 52157–52167). The has not been reviewed by the Office of regulation pertains to the insurance of * * * * * Management and Budget (OMB). pecans. (g) Hail and fire coverage may be Paperwork Reduction Act of 1995 excluded from the covered causes of EFFECTIVE DATE: October 29, 2004. loss for your insured crop only if you Pursuant to the Paperwork Reduction FOR FURTHER INFORMATION CONTACT: selected additional coverage of not less Act of 1995 (44 U.S.C. chapter 35), the Linda Williams, Risk Management than 65 percent of your approved collections of information in this rule Specialist, Research and Development, average revenue per acre, and you have have been approved by OMB under Product Development Division, Federal purchased the same or a higher dollar control number 0563–0053 through Crop Insurance Corporation, United amount of coverage for hail and fire February 28, 2005. States Department of Agriculture, 6501 from us or any other source. Unfunded Mandates Reform Act of Beacon Drive, Stop 0812, Room 426, 1995 Kansas City, MO 64133–4676, telephone * * * * * (816) 926–7730. Signed in Washington, DC, on October 25, Title II of the Unfunded Mandates SUPPLEMENTARY INFORMATION: 2004. Reform Act of 1995 (UMRA) establishes Ross J. Davidson, Jr., requirements for Federal agencies to Background Manager, Federal Crop Insurance assess the effects of their regulatory The final regulation that is the subject Corporation. actions on State, local, and tribal of this correction was intended to [FR Doc. 04–24164 Filed 10–28–04; 8:45 am] governments and the private sector. convert the pecan revenue pilot crop BILLING CODE 3410–08–P This rule contains no Federal mandates insurance program to a permanent crop (under the regulatory provisions of title insurance regulation to be used in II of the UMRA) for State, local, and conjunction with the Common Crop DEPARTMENT OF AGRICULTURE tribal governments or the private sector. Insurance Policy Basic Provisions for Therefore, this rule is not subject to the ease of use and consistency of terms. Federal Crop Insurance Corporation requirements of sections 202 and 205 of UMRA. Need for Correction 7 CFR Part 457 As published, the final regulation Executive Order 13132 contained errors which may prove to be RIN 0563–AB93 It has been determined under section misleading and need to be clarified. In Common Crop Insurance Regulations; 1(a) of Executive Order 13132, section 3 of the crop provisions, Peanut Crop Insurance Provisions Federalism, that this rule does not have paragraph (g) did not specify the sufficient implications to warrant percentage amount that is considered as AGENCY: Federal Crop Insurance consultation with the States. The ‘‘additional coverage.’’ Corporation, USDA. provisions contained in this rule will

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63042 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

not have a substantial direct effect on part 400, subpart J for the informal records under standard APH States, or on the relationship between administrative review process of good procedures. the national government and the States, farming practices, as applicable, must be Comment: An insurance service or on the distribution of power and exhausted before any action for judicial organization commented to the responsibilities among the various review of any determination or action proposed rule that to allow optional levels of government. by FCIC may be brought. units for peanuts in accordance with the Basic Provisions would not result in Regulatory Flexibility Act Environmental Evaluation imposing optional units by section in FCIC certifies that this regulation will This action is not expected to have a parts of the country, such as some not have a significant economic impact significant impact on the quality of the southeastern States. The southeastern on a substantial number of small human environment, health, and safety. States have optional units by FSN for entities. Program requirements for the Therefore, neither an Environmental other Category B crops. In those areas, Federal crop insurance program are the Assessment nor an Environmental the proposed rule would allow optional same for all producers regardless of the Impact Statement is needed. units by irrigated and non-irrigated size of their farming operation. For Background practices as well as by FSN. instance, all producers are required to Response: FCIC agrees that in those submit an application and acreage On May 17, 2004, FCIC published a states without sections, optional units report to establish their insurance notice of proposed rulemaking in the will be by FSN or irrigated and non- guarantees and compute premium Federal Register at 69 FR 27864–27865 irrigated practices. amounts, or a notice of loss and to revise 7 CFR 457.134 Peanut Crop Comment: An insurance service production information to determine an Insurance Provisions. Following organization asked if FCIC has any indemnity payment in the event of an publication of the proposed rule, the estimates by State on how the number insured cause of crop loss. Whether a public was afforded 30 days to submit of optional units are affected so rates producer has 10 acres or 1000 acres, written comments and opinions. can be adjusted accordingly. there is no difference in the kind of Comments were received from reinsured Response: An analysis of the number information collected. To ensure crop companies, agents, trade associations, of potential optional units that may be insurance is available to small entities, producers, and insurance service generated by the proposed rule change the Federal Crop Insurance Act organization and other interested was completed. FCIC will apply the rate authorizes FCIC to waive collection of parties. The comments received and surcharge for optional units as administrative fees from limited FCIC’s responses are as follows: administered for other Category B crops resource farmers. FCIC believes this Comment: A total of 30 commenters in the applicable States. A study is waiver helps to ensure small entities are recommended that FCIC should allow being conducted regarding the premium given the same opportunities to manage optional units for peanuts to be rates for optional units to determine the their risks through the use of crop established in accordance with section appropriate rates and such rates will be insurance. A Regulatory Flexibility 34 of the Common Crop Insurance applied to peanuts. Comment: A total of 30 comments Analysis has not been prepared since Policy Basic Provisions (Basic supported modifying the Peanut Crop this regulation does not have an impact Provisions). Provisions to provide for a price on small entities, and, therefore, this Response: FCIC agrees and has made election for peanuts based on a contract regulation is exempt from the provisions the change accordingly. Comment: An insurance service price for those peanuts that are grown of the Regulatory Flexibility Act (5 organization suggested that actual under contract. However, an insurance U.S.C. 605). production history (APH) procedures service organization opposed insuring Federal Assistance Program should be revised in accordance with peanuts at a contract price election. The This program is listed in the Catalog how existing units by farm serial insurance service organization comment of Federal Domestic Assistance under number (FSN) can be converted to a indicated many years ago a contract No. 10.450. section or section equivalent basis, in price was used to establish the price areas where that is appropriate. The election for non-quota peanuts. Those Executive Order 12372 commenter asks if peanut databases that contracts did not enforce delivery, This program is not subject to the still contain the ‘‘F’’ classification yield which then resulted in some buying provisions of Executive Order 12372, from the APH conversion process will points being too generous. Peanuts do which require intergovernmental be allowed to retain the yield in the new not have to be grown under contract to consultation with State and local section databases that were part of the be insured. Allowing for a contract price officials. See the Notice related to 7 CFR FSN for which that classification was would in effect establish two prices for part 3015, subpart V, published at 48 FR established. peanuts similar to the quota/non-quota 29115, June 24, 1983. Response: FCIC revised the APH system. The pounds per acre grown procedures in the Crop Insurance under contract would have one price Executive Order 12988 Handbook (CIH) effective for the 2003 and those that are not grown under This rule has been reviewed in crop year when peanuts were converted contract would default to the price accordance with Executive Order 12988 to a Category B APH crop. Classification established in the actuarial documents. on civil justice reform. The provisions ‘‘F’’ yields that were used to establish Other insured crops such as corn, of this rule will not have a retroactive approved APH yields were removed by soybeans, and wheat can also be effect. The provisions of this rule will adding an actual or assigned yield to the contracted at set prices without this preempt State and local laws to the affected databases for the 2003 crop type of price option available. extent such State and local laws are year. In subsequent crop years, this Response: FCIC only requested public inconsistent herewith. With respect to process will continue until all comment regarding the feasibility and any direct action taken by FCIC under classification yields in the database possible approaches for insuring the terms of the crop insurance policy, have been replaced by actual or peanuts at a contract price. FCIC will the administrative appeal provisions assigned yields. Databases will be consider all the comments when it looks published at 7 CFR part 11 and 7 CFR updated using acceptable production at the feasibility of allowing a price

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63043

election by contract price. However, the marketing order (order) which The Department of Agriculture until such evaluation is complete, no regulates the handling of walnuts grown (USDA) is issuing this rule in changes will be made to the Peanut in California. Authorization to assess conformance with Executive Order Crop Provisions. walnut handlers enables the Board to 12866. incur expenses that are reasonable and This rule has been reviewed under List of Subjects in 7 CFR Part 457 necessary to administer the program. Executive Order 12988, Civil Justice Crop insurance, Peanut, reporting and The marketing year began August 1 and Reform. Under the marketing order now recordkeeping requirements. ends July 31. The assessment rate will in effect, California walnut handlers are remain in effect indefinitely unless subject to assessments. Funds to Final Rule modified, suspended, or terminated. administer the order are derived from I Accordingly, as set forth in the DATES: Effective October 30, 2004. such assessments. It is intended that the preamble, the Federal Crop Insurance Comments received by December 28, assessment rate as issued herein will be Corporation proposes to amend 7 CFR 2004, will be considered prior to applicable to all assessable walnuts part 457, Common Crop Insurance issuance of a final rule. beginning on August 1, 2004, and Regulations, for the 2005 and succeeding ADDRESSES: Interested persons are continue until amended, suspended, or crop years as follows: invited to submit written comments terminated. This rule will not preempt concerning this rule. Comments must be any State or local laws, or policies, PART 457—COMMON CROP sent to the Docket Clerk, Marketing unless they present an irreconcilable INSURANCE REGULATIONS Order Administration Branch, Fruit and conflict with this rule. Vegetable Programs, AMS, USDA, 1400 The Act provides that administrative I 1. The authority citation for 7 CFR part proceedings must be exhausted before 457 continues to read as follows: Independence Avenue SW., Stop 0237, Washington, DC 20250–0237; Fax: (202) parties may file suit in court. Under Authority: 7 U.S.C. 1506(l) and 1506(p). 720–8938, or E-mail: section 608c(15)(A) of the Act, any [email protected]; or Internet: handler subject to an order may file I 2. Amend § 457.134 as follows: with USDA a petition stating that the I a. Remove and reserve section 2 under http://www.regulations.gov. Comments should reference the docket number and order, any provision of the order, or any the heading ‘‘Peanut Crop Insurance obligation imposed in connection with Provisions.’’ the date and page number of this issue of the Federal Register and will be the order is not in accordance with law I b. Revise the introductory text to read and request a modification of the order as follows: available for public inspection in the Office of the Docket Clerk during regular or to be exempted therefrom. Such § 457.134 Peanut crop insurance business hours, or can be viewed at: handler is afforded the opportunity for provisions. http://www.ams.usda.gov/fv/moab.html. a hearing on the petition. After the hearing USDA would rule on the * * * * * FOR FURTHER INFORMATION CONTACT: Toni petition. The Act provides that the The peanut crop insurance provisions Sasselli, Program Analyst, or Kurt J. district court of the United States in any for the 2005 and succeeding crop years Kimmel, Regional Manager, California district in which the handler is an are as follows: Marketing Field Office, Marketing Order inhabitant, or has his or her principal Administration Branch, Fruit and * * * * * place of business, has jurisdiction to Vegetable Programs, AMS, USDA, 2202 Signed in Washington, DC, on October 25, review USDA’s ruling on the petition, Monterey Street, suite 102B, Fresno, 2004. provided an action is filed not later than California 93721; telephone: (559) 487– Ross J. Davidson, Jr., 20 days after the date of the entry of the 5901, Fax: (559) 487–5906; or George ruling. Manager, Federal Crop Insurance Kelhart, Technical Advisor, Marketing Corporation. This rule decreases the assessment Order Administration Branch, Fruit and rate established for the Board for the [FR Doc. 04–24177 Filed 10–28–04; 8:45 am] Vegetable Programs, AMS, USDA, 1400 BILLING CODE 3410–08–P 2004–05 and subsequent marketing Independence Avenue SW., Stop 0237, years from $0.0101 to $0.0094 per Washington, DC 20250–0237; telephone: kernelweight pound of assessable (202) 720–2491, Fax: (202) 720–8938. DEPARTMENT OF AGRICULTURE walnuts. Small businesses may request The order provides authority for the Agricultural Marketing Service information on complying with this Board, with the approval of the USDA, regulation by contacting Jay Guerber, to formulate an annual budget of 7 CFR Part 984 Marketing Order Administration expenses and collect assessments from Branch, Fruit and Vegetable Programs, handlers to administer the program. The [Docket No. FV04–984–2 IFR] AMS, USDA, 1400 Independence members of the Board are producers and Avenue SW., Stop 0237, Washington DC handlers of California walnuts. They are Walnuts Grown in California; 20250–0237; telephone: (202) 720–2491, Decreased Assessment Rate familiar with the Board’s needs and Fax: (202) 720–8938, or E-mail: with the costs for goods and services in AGENCY: Agricultural Marketing Service, [email protected]. their local area and are thus in a USDA. SUPPLEMENTARY INFORMATION: This rule position to formulate an appropriate ACTION: Interim final rule with request is issued under Marketing Agreement budget and assessment rate. The for comments. and Order No. 984, both as amended (7 assessment rate is formulated and CFR part 984), regulating the handling discussed in a public meeting. Thus, all SUMMARY: This rule decreases the of walnuts grown in California, directly affected persons have an assessment rate established for the hereinafter referred to as the ‘‘order.’’ opportunity to participate and provide Walnut Marketing Board (Board) for the The marketing agreement and order are input. 2004–05 and subsequent marketing effective under the Agricultural For the 2003–04 and subsequent years from $0.0101 to $0.0094 per Marketing Agreement Act of 1937, as marketing years, the Board kernelweight pound of assessable amended (7 U.S.C. 601–674), hereinafter recommended, and USDA approved, an walnuts. The Board locally administers referred to as the ‘‘Act.’’ assessment rate of $0.0101 per

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63044 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

kernelweight pound of assessable The assessment rate established in considered small handlers. An walnuts that would continue in effect this rule will continue in effect estimated 58 walnut producers, or about from year to year unless modified, indefinitely unless modified, 1 percent of the 5,800 total producers, suspended, or terminated by USDA suspended, or terminated by USDA would be considered large producers upon recommendation and information upon recommendation and other with annual incomes over $750,000. submitted by the Board or other information submitted by the Board or Based on the foregoing, it can be information available to USDA. other available information. concluded that the majority of The Board met on September 10, Although this assessment rate is California walnut handlers and 2004, and unanimously recommended effective for an indefinite period, the producers may be classified as small 2004–05 expenditures of $2,749,500 and Board will continue to meet prior to or entities. an assessment rate of $0.0094 per during each marketing year to This rule decreases the assessment kernelweight pound of assessable recommend a budget of expenses and rate established for the Board and walnuts. In comparison, last year’s consider recommendations for collected from handlers for the 2004–05 budgeted expenditures were $2,863,350. modification of the assessment rate. The and subsequent marketing years from The assessment rate of $0.0094 is dates and times of Board meetings are $0.0101 to $0.0094 per kernelweight $0.0007 lower than the $0.0101 rate available from the Board or USDA. pound of assessable walnuts. The Board currently in effect. The lower Board meetings are open to the public unanimously recommended 2004–05 assessment rate is necessary because and interested persons may express expenditures of $2,749,500. The this year’s crop is estimated by the their views at these meetings. USDA decreased assessment rate should California Agricultural Statistics Service will evaluate Board recommendations generate sufficient income to meet the (CASS) to be 325,000 tons (292,500,000 and other available information to Board’s 2004–05 anticipated expenses. kernelweight pounds merchantable), determine whether modification of the The lower assessment rate is primarily and the budget is about 4 percent less assessment rate is needed. Further due to a lower budget and based on an than last year’s budget. Sufficient rulemaking will be undertaken as estimated crop of 325,000 tons for the income should be generated at the lower necessary. The Board’s 2004–05 budget year (292,500,000 kernelweight pounds rate for the Board to meet its anticipated and those for subsequent marketing estimated merchantable). expenses. years will be reviewed and, as Major categories in the budget Major categories in the budget appropriate, approved by USDA. recommended by the Board for 2004–05 recommended by the Board for 2004–05 include $2,037,500 for research and include $2,037,500 for research and Initial Regulatory Flexibility Analysis marketing programs ($1,393,500 for marketing programs ($1,393,500 for Pursuant to requirements set forth in market research and development, market research and development, the Regulatory Flexibility Act (RFA), the $550,000 for production research, and $550,000 for production research, and Agricultural Marketing Service (AMS) $94,000 to the California Agricultural $94,000 to the California Agricultural has considered the economic impact of Statistics Service for a crop estimate), Statistics Service for a crop estimate), this rule on small entities. Accordingly, $332,000 for employee expenses $332,000 for employee expenses AMS has prepared this initial regulatory (administrative and office salaries, (administrative and office salaries, flexibility analysis. payroll taxes, workers compensation, payroll taxes, workers compensation, The purpose of the RFA is to fit and other employees benefits), $97,000 and other employee benefits), $97,000 regulatory actions to the scale of for office expenses (rent, office supplies, for office expenses (rent, office supplies, business subject to such actions in order telephone, fax, postage, printing, telephone, fax, postage, printing, that small businesses will not be unduly equipment maintenance, and furniture), equipment maintenance, and furniture), or disproportionately burdened. $96,000 for other operating expenses $96,000 for other operating expenses Marketing orders issued pursuant to the (management travel, field travel, Board (management travel, field travel, Act, and the rules issued thereunder, are expenses, insurance, and financial insurance, and financial audits), $5,000 unique in that they are brought about audits), $5,000 for controlled for controlled (compliance check) through group action of essentially (compliance check) purchases, $75,000 purchases, $75,000 for a production small entities acting on their own for a production research director, and research director, and $107,000 as a behalf. Thus, both statutes have small $107,000 as a reserve for contingency. reserve for contingency. Budgeted entity orientation and compatibility. Budgeted expenses for these items in expenses for these items in 2003–04 There are approximately 5,800 2003–04 were $2,438,000, $334,625, were $2,438,000, $334,625, $83,000, producers of walnuts in the production $83,000, $82,000, $5,000, $73,000, and $82,000, $5,000, $73,000, and $15,725, area and about 43 handlers subject to $15,725, respectively. respectively. regulation under the order. Small Prior to arriving at this budget, the The assessment rate recommended by agricultural producers are defined by Board considered information from the Board was derived by dividing the Small Business Administration (13 various sources, such as the Board’s anticipated expenses by expected CFR 121.201) as those having annual Budget and Personnel Committee, shipments of California walnuts receipts of less than $750,000, and small Research Committee, and Marketing certified as merchantable. Merchantable agricultural service firms are defined as Development Committee. Alternative shipments for the year are estimated at those having annual receipts of less than expenditure levels were discussed by 292,500,000 kernelweight pounds $5,000,000. these groups based upon the relative which should provide $2,749,500 in Current industry information shows value of various research projects to the assessment income and allow the Board that 14 of the 43 handlers (32.5 percent) walnut industry. The recommended to cover its expenses. Unexpended shipped over $5,000,000 of $0.0094 per kernelweight pound funds may be used temporarily to defray merchantable walnuts and could be assessment rate was then determined by expenses of the subsequent marketing considered large handlers by the Small dividing the total recommended budget year, but must be made available to the Business Administration. Twenty-nine by the 292,500,000 kernelweight pound handlers from whom collected within 5 of the 43 walnut handlers (67.5 percent) estimate of assessable walnuts for the months after the end of the year, shipped under $5,000,000 of year. Unexpended funds may be used according to § 984.69. merchantable walnuts and could be temporarily to defray expenses of the

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63045

subsequent marketing year, but must be that it is impracticable, unnecessary, SUMMARY: This rule establishes made available to the handlers from and contrary to the public interest to procedures for a guarantee program for whom collected within 5 months after give preliminary notice prior to putting cooperatives and other not-for-profit the end of the year according to this rule into effect, and that good cause lenders that make loans eligible for § 984.69. exists for not postponing the effective assistance under the Rural A review of historical information and date of this rule until 30 days after Electrification Act of 1936 (the RE Act). preliminary information pertaining to publication in the Federal Register Criteria for eligibility of lenders and the current marketing year indicates that because: (1) The 2004–05 marketing transactions are set forth in the rule the grower price for 2004–05 could year began on August 1, 2004, and the together with application procedures. range between $0.50 and $0.70 per order requires that the rate of Program participants are required to pay kernelweight pound of assessable assessment for each marketing year an annual fee for the guarantee. The fee walnuts. Therefore, the estimated apply to all merchantable walnuts will be credited to the Rural assessment revenue for the 2004–05 handled during the year; (2) this action Development Subaccount to provide marketing year as a percentage of total decreases the assessment rate for funds for zero-interest loans and grants grower revenue could range between 1.3 merchantable California walnuts; (3) pursuant to section 313 of the RE Act. and 1.9 percent. handlers are aware of this action which The Farm Security and Rural This action decreases the assessment was unanimously recommended by the Investment Act of 2002 (Pub. L. 107– obligation imposed on handlers. Board at a public meeting and is similar 171), amended the RE Act, by adding Assessments are applied uniformly on to other assessment rate actions issued section 313A which establishes this all handlers, and some of the costs may in past years; and (4) this interim final program. In addition to providing funds be passed on to producers. However, rule provides a 60-day comment period, to enhance rural development, this decreasing the assessment rate reduces and all comments timely received will program will contribute to improving the burden on handlers, and may reduce be considered prior to finalization of the technology and reliability of our the burden on producers. In addition, this rule. rural electric transmission and the Board’s meeting was widely distribution system. publicized throughout the walnut List of Subjects in 7 CFR Part 984 DATES: This rule will become effective industry and all interested persons were Walnuts, Marketing agreements, Nuts, November 29, 2004. invited to attend the meeting and Reporting and recordkeeping participate in Board deliberations on all requirements. FOR FURTHER INFORMATION CONTACT: Doris Nolte, Chief, Policy Analysis and issues. Like all Board meetings, the I For the reasons set forth in the September 10, 2004, meeting was a Loan Management Staff, Electric preamble, 7 CFR part 984 is amended as Program, Rural Utilities Service, U.S. public meeting and all entities, both follows: large and small, were able to express Department of Agriculture, 1400 views on this issue. Finally, interested PART 984—WALNUTS GROWN IN Independence Avenue, SW., STOP persons are invited to submit CALIFORNIA 1560, Room 5155, Washington, DC information on the regulatory and 20250–1560. Telephone: (202) 720– I informational impacts of this action on 1. The authority citation for 7 CFR part 0424. Fax: (202) 690–0717. E-mail: small businesses. 984 continues to read as follows: [email protected]. This action imposes no additional Authority: 7 U.S.C. 601–674. SUPPLEMENTARY INFORMATION: reporting or recordkeeping requirements I 2. Section 984.347 is revised to read as on either small or large California Executive Order 12866 follows: walnut handlers. As with all Federal This rule has been determined to be marketing order programs, reports and § 984.347 Assessment rate. significant for purposes of Executive forms are periodically reviewed to On and after August 1, 2004, an Order 12866 and, therefore, has been reduce information requirements and assessment rate of $0.0094 per reviewed by the Office of Management duplication by industry and public kernelweight pound is established for and Budget (OMB). sector agencies. California merchantable walnuts. USDA has not identified any relevant Executive Order 12988 Federal rules that duplicate, overlap, or Dated: October 22, 2004. This rule has been reviewed under conflict with this rule. A.J. Yates, Executive Order 12988, Civil Justice A small business guide on complying Administrator, Agricultural Marketing Reform. RUS has determined that this with fruit, vegetable, and specialty crop Service. rule meets the applicable standards marketing agreements and orders may [FR Doc. 04–24160 Filed 10–28–04; 8:45 am] provided in section 3 of that Executive be viewed at: http://www.ams.usda.gov/ BILLING CODE 3410–02–P Order. In addition, all State and local fv/moab.html. Any questions about the laws and regulations that are in conflict compliance guide should be sent to Jay with this rule will be preempted. No Guerber at the previously mentioned DEPARTMENT OF AGRICULTURE retroactive effect will be given to the FOR FURTHER INFORMATION rule and, in accordance with section address in the Rural Utilities Service CONTACT section. 212(e) of the Department of Agriculture After consideration of all relevant 7 CFR Part 1720 Reorganization Act of 1994 (7 U.S.C. material presented, including the 6912(e)), administrative appeal information and recommendation RIN 0572–AB83 procedures must be exhausted before an submitted by the Board and other action against the Department or its available information, it is hereby found Guarantees for Bonds and Notes agencies may be initiated. that this rule, as hereinafter set forth, Issued for Electrification or Telephone will tend to effectuate the declared Purposes Regulatory Flexibility Act Certification policy of the Act. AGENCY: Rural Utilities Service, USDA. In accordance with the Regulatory Pursuant to 5 U.S.C. 553, it is also Flexibility Act (5 U.S.C. 601 et seq.), the ACTION: Final rule. found and determined upon good cause Administrator of RUS certifies that this

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63046 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

rule will not have significant impact on National Environmental Policy Act provisions, and the requirement that a substantial number of small entities. Certification bonds must be issued by Federal No small entities meet the statutory RUS has determined that this rule Financing Bank (FFB) only. Thirteen letters were received that did criteria for participation in the program will not significantly affect the quality not take the form of the others and that is the subject of this rulemaking. of the human environment as defined by either addressed the specific questions the National Environmental Policy Act Executive Order 13132 posed in the proposed rule or provided of 1969 (42 U.S.C. 4321 et seq.) additional information for the This regulation will not have Therefore, this action does not require substantial direct effects on the States, development of the final rule. an environmental impact statement or In their comment letters, the U.S. on the relationship between the national assessment. Chamber of Commerce and Edison government and the States, or on Electric Institute (EEI) state that Federal distribution of power and Background guarantees made to private unregulated responsibilities among the various On December 30, 2003, at 68 FR organizations is unprecedented and bad levels of government. Under Executive 75153, the Rural Utilities Service (RUS) government policy. Their position is Order 13132, this rule does not have published a proposed rule, 7 CFR Part that because of the legislative sufficient federalism implications to 1720, Guarantees for Bonds and Notes requirement to establish this program, issued for Electrification and Telephone require preparation of a Federalism RUS must also establish appropriate Assessment. Purposes. This proposed rule safeguards that minimize risk to establishes the agency’s policies and Information Collection and American taxpayers. Four trade procedures for granting guarantees to Recordkeeping Requirements organizations also supported eligible cooperatives and other not-for- strengthening the rule requirements and Under the Paperwork Reduction Act profit lenders that make loans eligible characterized the program as providing (44 U.S.C. 3501 et seq.) (the ‘‘Act’’), for assistance under the Rural an unfair advantage to cooperatives. OMB must approve all ‘‘collection of Electrification Act of 1936 (the RE Act). This unfair advantage would be information’’ as a requirement for The Farm Security and Rural realized, they argue, through lower rates ‘‘answers to * * * identical reporting or Investment Act of 2002 (Pub. L. 107– received in borrowing from an eligible recordkeeping requirements imposed on 171), amended the RE Act, by adding lender that received a guarantee or by ten or more persons * * *.’’ (44 U.S.C. section 313A which establishes this receiving REDLG funds and establishing 3502(3)(A).) RUS has concluded that the program. economic development projects that reporting requirements contained in this A total of 231 letters were received attract new loads into a cooperative rule will involve less than 10 persons commenting on the proposed rule. Two territory. The comments received from and do not require approval under the hundred and eighteen of these letters, these groups also identified specific provisions of the Act. which were received from electric aspects of the proposed rule that they cooperatives, electric cooperative thought should be strengthened in order Catalog of Federal Domestic Assistance associations, rural development to minimize taxpayer risk. organizations, and local governments, The program described by this rule is The National Rural Electric all requested that the rule be altered in listed in the Catalog of Federal Domestic Cooperative Association (NRECA), a way that assures funding to the Rural Assistance Programs under No. 10.850, National Rural Utilities Cooperative Economic Development Loan and Grant Rural Electrification Loans and Loan Finance Corporation (CFC), National Fund (REDLF). Many of the comments Guarantees. This catalog is available on Rural Telecommunications Cooperative, included the identification of successful a subscription basis from the an electric cooperative association, and economic development projects that Superintendent of Documents, the an electric cooperative all identified benefited from REDLG funds. The United States Government Printing aspects of the proposed rule that they majority of the 218 letters identified Office, Washington, DC 20402. said did not comport to the Farm specific aspects of the proposed rule Telephone: (202) 512–1800. Security and Rural Investment Act of that should be altered to make the 2002 (Pub. L. 107–171) (Farm Bill) Executive Order 12372 program work. Seventy percent (70%) of legislation establishing this program. the letters said the patronage capital The comments claim that the proposed This rule is excluded from the scope limitations discriminate against the rule does not address the intent of the of Executive Order 12372, cooperative lenders and should be Congress, which was to create a new Intergovernmental Consultation, which removed. Seventy percent (70%) also funding mechanism for the REDLG may require consultation with State and reported that the Federal Institutions program. These comments addressed local officials. See the final rule related Reform, Recovery and Enforcement Act specific restrictions in the proposed rule notice entitled ‘‘Department Programs (FIRREA) requirements, as presented in and requested that they be removed and Activities Excluded from Executive the proposed rule would make because they were not consistent with Order 12372,’’ (50 FR 47034). cooperative lenders ineligible for this the statute and prevent the lender with Unfunded Mandates program. Sixty-five percent (65%) the largest volume of concurrent loans requested that the 15-year bond term from participating in the program. This rule contains no Federal limit be changed to the useful life of the The two general positions taken in the mandates (under the regulatory asset. This change in term would serve letters of comment received are (1) the provision of title II of the Unfunded to maximize funding available to program does not provide enough Mandates Reform Act of 1995) (Pub. L. REDLG. Fifteen percent (15%) of the safeguards for the American taxpayer 104–4, 109—Stat. 48) for State, local, letters suggested that the approval and the provisions in the proposed rule and tribal governments or the private process that includes Office of should be strengthened and (2) the sector. Thus, this rule is not subject to Management and Budget and Treasury, intent of Congress is not carried out the requirements of sections 202 and is complicated and inefficient and 10 with the proposed rule and changes 205 of the Unfunded Mandates Reform percent or less critized using a should be made to assure that the Act of 1995. bankruptcy trust fund, collateral REDLG program is funded.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63047

CFC also provided an alternative Patronage Capital limitations. The FIRREA standards do not apply to the approach to the restrictions included in proposed rule requires that the cooperative structure and that such a the proposed rule. The alternative guaranteed lender not issue cash requirement would make cooperatives approach is to establish such safeguards patronage refunds in excess of five ineligible for the guarantee program. as contemplated in the proposed rule to percent of the total patronage refund RUS agrees that the FIRREA minimize taxpayer risk by establishing a eligible. Additionally, stock issued as requirement would limit participation trigger that would impose them only if part of the patronage refund shall not be in the guarantee program. Upon further the lender that qualifies and is granted redeemable in cash during the term of review of the FIRREA requirements, and a guarantee becomes ineligible (i.e., no the guarantee, and the lender is not public comment, it has become clear longer meets the eligibility criteria allowed to issue dividends on any class that definitions of liabilities, capital, established in the legislation). CFC of stock during the term of the and risk-based assets under FIRREA do proposed the trigger mechanism to be guarantee. Comments were received in not match the financial structures and when the lender’s non-guaranteed debt favor of this restriction and some business model used by cooperative falls below investment grade. At that recommended lowering the limitation to lenders and cannot directly apply. The point, limitations on retiring patronage two percent of the total patronage majority of the savings institutions capital, establishing capital adequacy refund eligible. Comments were also subject to the requirements of FIRREA tests, requiring a bankruptcy remote received reporting that this limitation do not have publicly traded debt trust and/or collateral requirements was not contemplated by the statute, outstanding, and have had no formal would go into effect. and there is no rationale provided for bond ratings assigned. Accordingly, the this restriction. Furthermore, it is focus of the credit review for such Changes Made to the Final Rule pointed out that capping patronage entities is upon the regulatory A review of the limited legislative distributions reduces the cash flow of accounting standards under which those history that exists for this provision of any RUS borrower that is also a lenders obtain deposit insurance. the 2002 Farm Bill indicates that the borrower of the guaranteed lender and The statutory requirements of this intent of Congress was to establish an this reduction in cash flow may result guarantee program rely upon credit additional private funding mechanism in an increase in RUS loan security risk. evaluations by the rating agencies. Their for the Rural Economic Development One hundred and forty eight comments ratings reflect the ability of the lender to Loan and Grant program. This flow of were received reporting that meet its long-term payment obligations funds is the cost to qualified lenders for cooperatives depend upon the patronage based upon the lender’s financial receiving a federal guarantee of bonds capital distributions to keep electric positions, managerial skills and other and notes according to the statutory rates low and to further invest in rural factors. RUS has considered alternative criteria established in section 6101 of communities. One comment received methods of establishing capital the Farm Bill. expressed a belief that this restriction is adequacy of a guaranteed lender under RUS also agrees that appropriate unnecessary as capital markets already this program and has evaluated the safeguards must be implemented to require financial targets for earnings benefits of establishing financial assure risk is minimized for the retention. indicator ratio requirements to American taxpayers as this program RUS will maintain a patronage capital accomplish that goal. Based upon the establishes a new relationship between limitation when a guaranteed lender’s comments received and further review, eligible lenders and the Federal credit rating on its senior secured debt, RUS will rely upon the credit rating government. Furthermore, Congress has without regard to the guarantee, falls agencies and the ongoing review of a established this program by amending below ‘‘A¥’’. Under such a scenario, lender’s financial position as required in the RE Act, and fully expects RUS to the guaranteed lender will be required other sections of the rule to evaluate continue its prudent guarantee and to limit the patronage capital refunds in adequacy and monitor the financial lending practices. For these reasons, excess of five percent of the patronage condition of the program participants. RUS will provide additional capital. RUS believes this requirement In addition, RUS will independently requirements of the lender beyond the represents a sound approach to ensuring monitor publicly available information provisions established in section 6101 capital adequacy and in minimizing the on a program participant as it becomes of the Farm Bill. Based upon the risk of default. available. RUS will use this information comments received and additional FIRREA. The proposed rule requires to monitor and evaluate the adequacy of research into the requirements each applicant to submit a review and the financial condition of program proposed, the final rule has been certification of the lender’s capital participants. modified to maintain the safeguards adequacy utilizing the capital adequacy Bankruptcy Remote Trust. The envisioned in the proposed rule while standards of the Financial Institutions proposed rule requires the lender, establishing a program according to the Reform, Recovery, and Enforcement Act during the term of the guarantee, to provisions of section 6101 of the Farm of 1989 (FIRREA). The proposed rule establish a bankruptcy remote trust fund Bill. also requires that during the term of the capitalized at five percent of the The statute provides some criteria for guarantee, a FIRREA review be guaranteed amount outstanding. establishing lender and guarantee conducted annually. Comments were Comments received in favor of eligibility. The statute, however, does received requesting that the full additional restrictions favor this not address requirements to ensure the requirements of FIRREA be imposed. requirement and a few suggested security of a government guarantee, and Other comments claim the FIRREA increasing the capitalized percentage. there is no indication that RUS should requirements as presented in the Comments were also received with not take prudent steps to address proposed rule make cooperative lenders claims that a lender whose securities are declining credit quality. For these ineligible based upon their financial investment grade rated is already reasons, RUS will establish structure. Cooperative lenders have viewed by the capital markets as requirements of the guaranteed lender to forms of equity not recognized by the adequately capitalized, with sufficient ensure the security of the government’s formulas utilized under FIRREA. One reserves and capital market liquidity. guarantee throughout the term of the hundred and fifty comment letters were Twenty-two comment letters were guarantee. received expressing a concern that the received reporting that this requirement

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63048 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

was not contemplated in the Farm Bill RUS lending practices, RUS will of whom are small, the rule will have and should not be implemented. CFC establish a term of 20 years which is the no significant impact on small asserts that in capital markets, estimated average outstanding balance businesses or other small entities. The bankruptcy-remote trusts are used in of concurrent loans currently eligible use of the word ‘‘determine’’ in context non-recourse financing and that all CFC under this program. in which it was used in the published bonds are not non-recourse—any FFB only funding source. The notice that was signed by the head of investor in CFC has the right to make a proposed rule requires that the the agency is synonymous with the claim against CFC as a corporation. guaranteed bonds must be issued to the word ‘‘certify’’ within means ‘‘to Although a bankruptcy remote trust FFB on terms and conditions consistent confirm formally as true.’’ Since RUS fund is a sound risk management tool in with the FFB lending policy. Nineteen certifies that there is no substantial many situations, RUS believes that other comment letters were received impact on a significant number of small requirements of this rule are sufficient expressing concern with this limitation. entities, the balance of the comments to ensure the security of the government CFC argues that this is inconsistent with received on the Regulatory Flexibility guarantee, and therefore this particular a provision in the statute providing that Act are inapposite and in any event requirement has been removed. the guarantees ‘‘shall be fully assignable have more to do with the effects of Collateral Requirements. The and transferable’’ indicating that they programs which section 313A funds and proposed rule requires the applicant to could be issued in the capital markets. which were not the subject of the provide a description of the specific and The rule also does not require FFB to proposed rulemaking. identifiable loans comprising the purchase the offering and it does not Commenters have not correctly collateral or other pledge securing the discuss the rates, terms, or options for applied National Environmental guaranteed bonds. While comments the transaction between the lender and Protection Act (NEPA) implementation were received in support for this idea FFB. CFC requests that flexibility be regulations of RUS. As authority for claiming that this would aid in provided to issue the bonds to FFB or their proposition that the proposed rule minimizing taxpayer risk, other in the capital market to maximize the was subject to a full environmental comments were received requesting that benefit. review involving the public, no such requirement be imposed as it is RUS understands the CFC argument commenters cited 7 CFR 1794.3. That outside of the statutory criteria. CFC that the ‘‘best deal’’ should be obtained provision provides merely that the asserts that a collateral requirement is in issuing a bond or not for a guarantee. provisions of 7 CFR part 1794 apply to, duplicative of the bankruptcy-remote Therefore, the final rule requires that inter alia, the issuance of new or revised trust requirement. the guaranteed bond or note be issued rules. However, Title 7 part 1794 does RUS will maintain this requirement to FFB on terms and conditions not require environmental reviews or when the guaranteed lender’s credit consistent with comparable public participation in such reviews in rating on its senior secured debt, government-guaranteed bonds and all cases. The provisions of 7 CFR part without regard to the guarantee, falls satisfactory to the Secretary. 1794 identify and establish categories of below ‘‘A¥’’. In such cases, collateral Approval requirements to include actions for environmental review shall be in the form of specific and Office of Management and Budget purposes. These categories range from identifiable unpledged securities equal (OMB) and U.S. Department of actions that are categorically exempt to to 100% of the value of the guarantee. Treasury. The proposed rule requires an those normally requiring the This requirement is viewed as an independent assessment of the development of an environmental important safeguard for protecting application by OMB and FFB prior to a impact statement. RUS regulations do against a call on the Federal guarantee decision on the guarantee being made not require the agency to publish a when the lender’s creditworthiness has by the Secretary. Thirty-five (35) Finding of No Significant Impact declined. comments were received claiming that (FONSI) each time RUS determines that 15-year bond term. The proposed rule this is neither needed nor efficient. an action will not have a significant requires a final maturity of guaranteed Other comments suggest that there is no environmental impact. RUS regulations bonds not to exceed 15 years. Some statutory requirement for this process. require the publication of a FONSI only comment letters received claim this RUS is eliminating the requirement when its determination has been made restriction will aid in minimizing that FFB and OMB review the on the basis of an Environmental taxpayer risk. Other comments urged application. Instead, RUS is required to Assessment (EA). Generally speaking, RUS to continue its practice of matching request that FFB review the credit rating publications of regulations do not terms to the useful life of an asset. One of the bond or note to be issued. The require an EA. It is only the issuance or hundred and thirty-nine comment expertise that FFB possesses will help to modification of RUS regulations letters received urged the restriction to ensure the security of the government concerning environmental matters that be lifted recognizing the normal RUS guarantee. are listed in 7 CFR part 1794 as lending practice of 30–35 year terms normally requiring an EA (7 CFR Regulatory Procedures Issues and also stating that the longer terms 1794.23(a)). Accordingly, the discussion would extend the funding to REDLG Comments received from the U.S. of NEPA in the proposed rule complied and maximize economic development Chamber of Commerce and one with NEPA and RUS regulations benefits to rural America. CFC claims individual suggest that the United States implementing NEPA. that the limitation on maturity of bonds Department of Agriculture did not RUS was not, as some commenters is inconsistent with the intent of the follow the appropriate procedures in wrote, required to prepare a Statement statute. The limitation exposes the promulgated the proposed rule. RUS has of Energy Effects to comply with government to additional risks (bond considered these comments and Executive Order (E.O. 13211, ‘‘Actions term/borrowers loan maturity mismatch believes they are without merit. For Concerning Regulations That can create both interest rate and example, RUS has complied with the Significantly Affect Energy Supply, liquidity risk). Regulatory Flexibility Act (5 U.S.C. 601 Distribution, or Use’’. However, E.O. Based upon comment letters received et seq.) by determining that because the 13211 does not require the preparation and the desire to establish a bond or procedures contained in the proposed of such statements in connection with note guarantee term consistent with rule apply to only two entities, neither every proposed rulemaking that is a

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63049

significant regulatory action under E.O. proposed rule and clearly signaled the of Agriculture Reorganization Act of 12866 as the commenters seem to imply. principal areas that would be addressed 1994 (7 U.S.C. 6941 et seq.). The while it is correct that in order for a by the program. RUS provided 60 days Administrator of RUS has been proposed rule to be a ‘‘significant energy for comments on the proposed delegated responsibility for action’’ under E.O. 13211, the proposal regulations. Perhaps the best evidence administering the programs and must be a ‘‘significant regulatory action’’ demonstrating the adequacy of the activities of RUS, see 7 CFR 1700.25. under Executive Order 12866, at least public’s opportunity for participation in Section 6101 of the Farm Security and one of two other requirements must be the proposed rulemaking is the fact that Rural Investment Act of 2002 (Pub. L. met before the obligation to prepare a RUS received 231 written comments in 107–171) (FSRIA) amended the RE Act statement of energy effects exists. The response to the notice. to include a new program under section propose rule must either be ‘‘likely to 313A entitled Guarantees for Bonds and List of Subjects in 7 CFR Part 1720 have significant adverse effect on the Notes Issued for Electrification or supply, distribution, or use of energy’’ Electric power, Electric utilities, Loan Telephone Purposes. This measure or it must be so ‘‘designated by the program—energy, reporting and became law on May 13, 2002, and Administrator of the Office of recordkeeping requirements, Rural directs the Secretary of Agriculture to Information and Regulatory Affairs as a areas. promulgate regulations that carry out significant energy action.’’ E.O. 13211 I For reasons set out in the preamble, the Program. sections 2(a) and 4(b). Neither of these RUS amends chapter XVII of title 7 of the § 1720.3 Definitions. two factors are present here. Since E.O. Code of Federal Regulations by adding a 13211 does not apply to the proposed new part 1720 to read as follows: For the purpose of this part: rule, there is no need to address Administrator means the comments about what such an analysis PART 1720—GUARANTEES FOR Administrator of RUS. should provide. BONDS AND NOTES ISSUED FOR Applicant means a bank or other Some commenters wrote that the ELECTRIFICATION OR TELEPHONE lending institution organized as a proposed rule did not meet the PURPOSES private, not-for-profit cooperative requirement under Executive Order association, or otherwise on a non-profit 12866, ‘‘Regulatory Planning and Sec. basis, that is applying for RUS to Review’’, requiring all ‘‘significant 1720.1 Purpose. guarantee a bond or note under this regulatory actions’’ by Federal agencies 1720.2 Background. part. 1720.3 Definitions. Bond Documents means the trust to undergo cost-benefit assessment by 1720.4 General standards. the agency and centralized review by 1720.5 Eligibility criteria. indenture, bond resolution, guarantee, the Office of Information and Regulatory 1720.6 Application process. guarantee agreement and all other Affairs (OIRA), an organizational 1720.7 Application evaluation. instruments and documentation subunit of the OMB. RUS did conduct 1720.8 Issuance of the guarantee. pertaining to the issuance of the the appropriate regulatory analysis 1720.9 Guarantee Agreement. guaranteed bonds. required for issuing the proposed rule to 1720.10 Fees. Borrower means any organization that establish this Guarantee of Bonds and 1720.11 Servicing. has an outstanding loan made or 1720.12 Reporting requirement. guaranteed by RUS for rural Notes program. RUS has provided the 1720.13 Limitations on guarantees. appropriate studies and justifications to 1720.14 Nature of guarantee; acceleration of electrification or rural telephone under OIRA for centralized review and the guaranteed bonds. the RE Act, or that is seeking such necessary OMB clearances were 1720.15 Equal opportunity requirements. financing. Concurrent Loan means a loan that a obtained before publishing the proposed Authority: 7 U.S.C. 901 et seq.; 7 U.S.C. rule and this final rule in the Federal 940C. guaranteed lender extends to a borrower Register. for up to 30 percent of the cost of an RUS received a few comments to the § 1720.1 Purpose. eligible electrification or telephone effect that RUS did not provide This part prescribes regulations purpose under the RE Act, concurrently adequate opportunity for public implementing a guarantee program for with an insured loan made by the participation during the development of bonds and notes issued for Secretary pursuant to section 307 of the the proposed rule and suggesting that electrification on telephone purposes RE Act. the comment period for the proposed authorized by section 313A of the Rural Federal Financing Bank (FFB) means rule be extended. RUS believes that Electrification Act of 1936 (7 U.S.C. a government corporation and there has been ample opportunity for 940c–1). instrumentality of the United States of public participation and that any further America under the general supervision delays in implementing the program § 1720.2 Background. of the Secretary of the Treasury. cannot be justified. Section 313A The Rural Electrification Act of 1936 Guarantee means the written amending the rural Electrification Act of (the ‘‘RE Act’’) (7 U.S.C. 901 et seq.) agreement between the Secretary and a 1936 (7 U.S.C. 940c–1) was signed into authorizes the Secretary to guarantee guaranteed bondholder, pursuant to law on May 13, 2002. Pub. L. 107–171, and make loans to persons, which the Secretary guarantees full Title VI, sec. 6101(a). There are corporations, states, territories, repayment of the principal, interest, and directives in sec. 6101(b) of Pub. L. 107– municipalities, and cooperative, non- call premium, if any, on the guaranteed 171 requiring the promulgation of profit, or limited-dividend associations lender’s guaranteed bond. regulations within 180 days of for the purpose of furnishing or Guarantee Agreement means the enactment and to implement the improving electric and telephone written agreement between the program within 240 days. Accordingly, service in rural areas. Responsibility for Secretary and the guaranteed lender enactment of Section 313A gave notice administering electrification and which sets forth the terms and that rules covering this subject matter telecommunications loan and guarantee conditions of the guarantee. would soon be forthcoming. Section programs along with other functions the Guaranteed Bond means any bond, 313A itself established many of the Secretary deemed appropriate have been note, debenture, or other debt obligation program requirements contained in the assigned to RUS under the Department issued by a guaranteed lender on a fixed

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63050 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

or variable rate basis, and approved by (2) At the time the guarantee is (d) The guaranteed bonds shall be the Secretary for a guarantee under this executed, the total principal amount of issued to the Federal Financing Bank on part. guaranteed bonds outstanding would terms and conditions consistent with Guaranteed Bondholder means any not exceed the principal amount of comparable government-guaranteed investor in a guaranteed bond. outstanding concurrent loans previously bonds and satisfactory to the Secretary. Guaranteed Lender means an made by the guaranteed lender; (e) The Secretary shall guarantee applicant that has been approved for a (3) The proceeds of the guaranteed payment son guaranteed bonds in such guarantee under this part. bonds will not be used directly or forms and on such terms and conditions Loan means any credit instrument indirectly to fund projects for the and subject to such covenants, that the guaranteed lender extends to a generation of electricity; and representations, warranties and borrower for any electrification or (4) The guaranteed lender will not use requirements (including requirements telephone purpose eligible under the RE any amounts obtained from the for audits) as determined appropriate for Act, including loans as set forth in reduction in funding costs provided by satisfying the requirements of this part. section 4 of the RE Act for electricity the program to reduce the interest rates The Secretary shall require the transmission lines and distribution borrowers are paying on new or guaranteed lender to enter into a systems (excluding generating facilities) outstanding loans, other than new guarantee agreement to evidence its and as set forth in section 201 of the RE concurrent loans as provided in 7 CFR acceptance of the foregoing. Any Act for telephone lines, facilities and part 1710, of this chapter. guarantee issued under this part shall be systems. (b) During the term of the guarantee, made in a separate and distinct offering. Loan documents means the loan the guaranteed lender shall: § 1720.5 Eligibility criteria. agreement and all other instruments and (1) Limit cash patronage refunds, for documentation between the guaranteed guaranteed lenders having a credit (a) To be eligible to participate in the lender and the borrower evidencing the rating below ‘‘A¥’’ on its senior secured program, a guaranteed lender must be: (1) A bank or other lending institution making, disbursing, securing, collecting, debt without regard to the guarantee. organized as a private, not-for-profit or otherwise administering of a loan. For such guaranteed lenders, cash cooperative association, or otherwise on Program means the guarantee program patronage refunds are limited to five a non-profit basis; and for bonds and notes issued for percent of the total patronage refund (2) Able to demonstrate to the electrification or telephone purposes eligible. The limit on patronage refunds Secretary that it possesses the authorized by section 313A of the RE must be maintained until the credit appropriate expertise, experience, and Act as amended. rating is restored to ‘‘A¥’’ or above. For qualifications to make loans for Rating Agency means a bond rating those guaranteed lenders subject to electrification or telephone purposes. agency identified by the Securities and patronage limitations, equity securities (b) To be eligible to receive a Exchange Commission as a nationally issued as part of the patronage refund guarantee, a guaranteed lender’s bond recognized statistical rating shall not be redeemable in cash during must meet the following criteria: organization. the term of any part of the guarantee, RE Act means the Rural Electrification (1) The guaranteed leader must and the guaranteed lender shall not Act of 1936 (7 U.S.C. 901 et seq.) as furnish the Secretary with a certified list issue any dividends on any class of amended. of the principal balances of concurrent equity securities during the term of the RUS means the Rural Utilities loans then outstanding evidencing that guarantee. Service, a Rural Development agency of such aggregate balance is at least equal the U.S. Department of Agriculture. (2) Maintain sufficient collateral equal to the sum of the proposed principal Secretary means the Secretary of to the principal amount outstanding, for amount of guaranteed bonds to be guaranteed lenders having a credit Agriculture acting through the ¥ issued, and any previously issued Administrator of RUS. rating below ‘‘A ’’ on its senior secured guaranteed bonds outstanding; and Subsidy Amount means the amount of debt without regard to the guarantee. (2) The guaranteed bonds to be issued budget authority sufficient to cover the Collateral shall be in the form of specific by the guaranteed lender must receive estimated long-term cost to the Federal and identifiable unpledged securities an underlying investment grade rating government of a guarantee, calculated equal to the value of the guaranteed from a Rating Agency, without regard to on a net present value basis, excluding amount. In the case of a guaranteed the guarantee; administrative costs and any incidental lender’s default, the U.S. government (c) A lending institution’s status as an effects on government receipts or claim shall not be subordinated to the eligible applicant does not assure that outlays, in accordance with the claims of other creditors, and the the Secretary will issue the guarantee provisions of the Federal Credit Reform indenture must provide that in the event sought in the amount or under the terms Act of 1990 (2 U.S.C. 661 et. seq.) of default, the government has first requested, or otherwise preclude the rights on the asset. Upon application Secretary from declining to issue a § 1720.4 General standards. and throughout the term of the guarantee. (a) In accordance with section 313A of guarantee, guaranteed lenders not the RE Act, a guarantee will be issued subject to collateral pledging § 1720.6 Application process. by the Secretary only if the Secretary requirements shall identify, with the (a) Applications shall contain the determines, in accordance with the concurrence of the Secretary, specific following: requirements set forth in this part, that: assets to be held as collateral should the (1) Background and contact (1) The proceeds of the guaranteed credit rating of its senior secured debt information on the applicant; bonds will be used by the guaranteed without regard to the guarantee fall (2) A term sheet summarizing the lender to make loans to borrowers for below ‘‘A¥’’. The Secretary has proposed terms and conditions of, and electrification or telephone purposes discretion to require collateral at any the security pledged to assure the eligible for assistance under this time should circumstances warrant. applicant’s performance under, the chapter, or to refinance bonds or notes (c) The final maturity of the guarantee agreement; previously issued by the guaranteed guaranteed bonds shall not exceed 20 (3) A statement by the applicant as to lender for such purposes; years. how it proposes to use the proceeds of

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63051

the guaranteed bonds, and the financial Secretary can at any time reject an provisions relating to the guaranteed benefit it anticipates deriving from application that fails to meet these bonds, including but not limited to participating in the program; requirements. payment dates, interest rates, (4) A pro-forma cash flow projection (b) Evaluation. Pursuant to paragraph redemption features, pledged security, or business plan for the next five years, (a) of this section, applications will be additional borrowing terms including an demonstrating that there is reasonable subject to a substantive review, on a explicit agreement to make payments assurance that the applicant will be able competitive basis, by the Secretary even if loans made using the proceeds to repay the guaranteed bonds in based upon the following evaluation of such bond or note is not repaid to the accordance with their terms; factors, listed in order of importance: lender, other financial covenants, and (5) Consolidated financial statements (1) The extent to which the proposed events of default and remedies; of the guaranteed lender for the provisions indicate the applicant will be (3) Prior to the issuance of the previous three years that have been able to repay the guaranteed bonds; guarantee, the applicant must certify to audited by an independent certified (2) The adequacy of the proposed the Secretary that the proceeds from the public accountant, including any provisions to protect the Federal guaranteed bonds will be applied to associated notes, as well as any interim government, based upon items fund eligible new loans under the RE financial statements and associated including, but not limited to the nature Act, to refinance concurrent loans, or to notes for the current fiscal year; of the pledged security, the priority of refinance existing debt instruments of (6) Evidence of having been assigned the lien position, if any, pledged by the the guaranteed lender used to fund an investment grade rating on the debt applicant, and the provision for an eligible loans; obligations for which it is seeking the orderly retirement of principal such as (4) The applicant provides a certified guarantee, without regard to the an amortizing bond structure or an list of concurrent loans and their guarantee; internal sinking fund; outstanding balances as of the date the (7) Evidence of a credit rating, from a (3) The applicant’s demonstrated guarantee is to be issued; Rating Agency, on its senior secured performance of financially sound (5) Counsel to the applicant must debt without regard to the government business practices; furnish an opinion satisfactory to the guarantee and satisfactory to the (4) The extent to which providing the Secretary as to the applicant being Secretary. guarantee to the applicant will help legally authorized to issue the (8) Such other application documents reduce the cost and/or increase the guaranteed bonds and enter into the and submissions deemed necessary by supply of credit to rural America, to bond documents; the Secretary for the evaluation of generate other economic benefits, (6) No material adverse change occurs applicants. including the amount of fee income between the date of the application and (b) The application process occurs as available to be deposited into the Rural date of execution of the guarantee; follows: Economic Development Subaccount, (7) The applicant shall provide (1) The applicant submits an maintained under section 313(b)(2)(A) evidence of an investment grade rating application to the Secretary; of the RE Act (7 U.S.C. 940c–1(b)(2)(B)), from a Rating Agency for the proposed (2) The application is screened by after payment of the subsidy amount. guaranteed bond without regard to the RUS pursuant to 7 CFR 1720.7(a) of this (c) Independent Assessment. Before a guarantee; part, to ascertain its threshold eligibility guarantee decision is made by the (8) The applicant shall provide for the program; Secretary, the Secretary shall request evidence of a credit rating on its senior (3) RUS evaluates the application that the Federal Financing Bank review secured debt without regard to the pursuant to the selection criteria set the adequacy of the determination by guarantee and satisfactory to the forth in 7 CFR 1720.7(b) of this part; the Rating Agency, required under Secretary; and (4) If RUS provisionally approves the § 1720.5(b)(2) as to whether the bond or (9) Certification by the Chairman of application, the applicant and RUS note to be issued would be below the Board and the Chief Executive negotiate terms and conditions of the investment grade without the guarantee. Officer of the applicant (or other senior bond documents, and (d) Decisions by the Secretary. The management acceptable to the (5) The applicant offers its guaranteed Secretary shall approve or deny Secretary), acknowledging the bonds, and the Secretary upon approval applications in a timely manner as such applicant’s commitment to submit to the of the pricing, redemption provisions applications are received. The Secretary Secretary, an annual credit assessment and other terms of the offering, executes may limit the number of guarantees of the applicant by a Rating Agency, an the guarantee. made to a maximum of five per year, to annual review and certification of the (c) If requested by the applicant at the ensure a sufficient examination is security of the government guarantee time it files its application, the General conducted of applicant requests. RUS that is audited by an independent Counsel of the Department of shall notify the applicant in writing of certified public accounting firm or Agriculture shall provide the Secretary the Secretary’s approval or denial of an federal banking regulator, annual with an opinion regarding the validity application. Approvals for guarantees consolidated financial statements and authority of a guarantee issued to shall be conditioned upon compliance audited by an independent certified the lender under section 313A of the RE with 7 CFR 1720.4 and 1720.6. public accountant each year during Act. which the guarantee bonds are § 1720.8 Issuance of the guarantee. outstanding, and other such information § 1720.7 Application evaluation. (a) The following requirements must requested by the Secretary. (a) Eligibility screening. Each be met by the applicant prior to the (b) The Secretary shall not issue a application will be reviewed by the endorsement of a guarantee by the guarantee if the applicant is unwilling Secretary to determine whether it is Secretary. or unable to satisfy all requirements. eligible under 7 CFR 1720.5, the (1) A guarantee agreement suitable in information required under 7 CFR form and substance to the Secretary § 1720.9 Guarantee Agreement. 1720.6 is complete and the proposed must be delivered. (a) The guaranteed lender will be guaranteed bond complies with (2) Bond documents must be executed required to sign a guarantee agreement applicable statutes and regulations. The by the applicant setting forth the legal with the Secretary setting forth the

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63052 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

terms and conditions upon which the (b) Subject to paragraph (c) of this authority from projected fee collections Secretary guarantees the payment of the section, up to one-third of the 30 basis from guaranteed lenders, the principle guaranteed bonds. point guarantee fee may be used to fund amount of outstanding concurrent loans (b) The guaranteed bonds shall refer the subsidy amount of providing made by the guaranteed lender, and to the guarantee agreement as guarantees, to the extent not otherwise Congressionally-mandated ceilings on controlling the terms of the guarantee. funded through appropriation actions the total amount of credit. The Secretary (c) The guarantee agreement shall by Congress. may also impose other limitations as address the following matters: (c) Notwithstanding subsections (c) appropriate to administer this guarantee (1) Definitions and principles of and (e)(2) of section 313A of the RE Act, program. construction; the Secretary shall, with the consent of (2) The form of guarantee; the lender and if otherwise authorized § 1720.14 Nature of guarantee; acceleration of guaranteed bonds. (3) Coverage of the guarantee; by law, adjust the schedule for payment (4) Timely demand for payment on of the annual fee, not to exceed an (a) Any guarantee executed by the the guarantee; average of 30 basis points per year for Secretary under this part shall be an (5) Any prohibited amendments of the term of the loan, to ensure that obligation supported by the full faith bond documents or limitations on sufficient funds are available to pay the and credit of the United States and transfer of the guarantee; subsidy costs for note guarantees. incontestable except for fraud or (6) Limitation on acceleration of misrepresentation of which the guaranteed bonds; § 1720.11 Servicing. guaranteed bondholder had actual (7) Calculation and manner of paying The Secretary, or other agent of the knowledge at the time it purchased the the guarantee fee; Secretary on his or her behalf, shall guaranteed bonds. (8) Consequences of revocation of have the right to service the guaranteed (b) Amounts due under the guarantee payment on the guaranteed bonds; bond, and periodically inspect the shall be paid within 30 days of demand (9) Representations and warranties of books and accounts of the guaranteed by a bondholder, certifying the amount the guaranteed lender; lender to ascertain compliance with the of payment then due and payable. (10) Representations and warranties provisions of the RE Act and the bond (c) The guarantee shall be assignable for the benefit of the holder of the documents. and transferable to any purchaser of guaranteed bonds; guaranteed bonds as provided in the (11) Claim procedures; § 1720.12 Reporting requirements. bond documents. (12) What constitutes a failure by the (a) As long as any guaranteed bonds (d) The following actions shall guaranteed lender to pay; remain outstanding, the guaranteed constitute events of default under the (13) Demand on RUS; lender shall provide the Secretary with terms of the guarantee agreements: (14) Assignment to RUS; the following items each year within 90 (1) The guaranteed lender failed to (15) Conditions of guarantee which days of the guaranteed lender’s fiscal make a payment of principal or interest may include requiring the guaranteed year end: when due on the guaranteed bonds; lender to adopt measures to ensure (1) Consolidated financial statements (2) The guaranteed bonds were issued adequate capital levels are retained to and accompanying footnotes, audited by in violation of the terms and conditions absorb losses relative to risk in the independent certified public of the bond documents; guaranteed lender’s portfolio and accountants; (3) The guarantee fee required by 7 requirements on the guaranteed lender (2) A review and certification of the CFR 1720.10 of this part, has not been to hold additional capital against the security of the government guarantee, paid; risk of default; audited by reputable, independent (4) The guaranteed lender made a (16) Payment by RUS; misrepresentation to the Secretary in (17) RUS payment does not discharge certified public accountants or a federal banking regulator, who in the judgment any material respect in connection with guaranteed lender; the application, the guaranteed bonds, (18) Undertakings for the benefit of of the Secretary, has the requisite skills, or the reporting requirements listed in 7 the holders of guaranteed bonds, knowledge, reputation, and experience to properly conduct such a review; CFR 1720.12; or including: notices, registration, (5) The guaranteed lender failed to prohibited amendments, prohibited (3) Pro forma projection of the guaranteed lender’s balance sheet, comply with any material covenant or transfers, indemnification, multiple provision contained in the bond bond issues; income statement, and statement of cash flows over the ensuing five years; documents. (19) Governing law; (e) In the event the guaranteed lender (20) Notices; (4) Credit assessment issued by a fails to cure such defaults within the (21) Benefit of agreement; Rating Agency; (22) Entirety of agreement; (5) Credit rating, by a Rating Agency, notice terms and the timeframe set forth (23) Amendments and waivers; on its senior secured debt without in the bond documents, the Secretary (24) Counterparts; regard to the guarantee and satisfactory may demand that the guaranteed lender (25) Severability, and to the Secretary; redeem the guaranteed bonds. Such (26) Such other matters as the (6) Other such information requested redemption amount will be in an Secretary believes to be necessary or by the Secretary. amount equal to the outstanding appropriate. (b) The bond documents shall specify principal balance, accrued interest to such bond monitoring and financial the date of redemption, and prepayment § 1720.10 Fees. reporting requirements as deemed premium, if any. To the extent the (a) Guarantee fee. An annual fee equal appropriate by the Secretary. Secretary makes any payments under to 30 basis points (0.3 percent) of the the guarantee, the Secretary shall be amount of the unpaid principal of the § 1720.13 Limitations on guarantees. deemed the guaranteed bondholder. guarantee bond will be deposited into In a given year the maximum amount (f) To the extent the Secretary makes the Rural Economic Development of guaranteed bonds that the Secretary any payments under the guarantee, the Subaccount maintained under section may approve will be subject to budget interest rate the government will charge 313(b)(2)(A) of the RE Act. authority, together with receipts to the guaranteed lender for the period

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63053

of default shall accrue at an annual rate structures (e.g., spar and ribs). We are Comments of the greater of 1.5 times the 91-day issuing this AD to detect and correct We provided the public the Treasury-Bill rate or 200 basis points fatigue cracking of the wing trunnion opportunity to participate in the (2.00%) above the rate on the fittings or adjacent structure, which development of this AD. No comments guaranteed bonds. could result in failure of the main have been submitted on the proposed (g) Upon guaranteed lender’s event of landing gear, consequent damage to AD or on the determination of the cost default, under the bond documents, the surrounding structure, and possible loss to the public. Secretary shall be entitled to take such of control of the airplane during other action as is provided for by law or landing. Conclusion under the bond documents. DATES: This AD becomes effective We have carefully reviewed the § 1720.15 Equal opportunity requirements. December 3, 2004. available data and determined that air safety and the public interest require Executive Order 12898, The incorporation by reference of adopting the AD as proposed. ‘‘Environmental Justice.’’ To comply certain publications listed in the AD is with Executive Order 12898, RUS will approved by the Director of the Federal Costs of Compliance conduct a Civil Rights Analysis for each Register as of December 3, 2004. This AD will affect about 60 airplanes guarantee prior to approval. Rural ADDRESSES: For service information of U.S. registry. The measurement will Development Form 2006–28, ‘‘Civil identified in this AD, contact Empresa take about 2 work hours per airplane, at Rights Impact Analysis’’, will be used to Brasileira de Aeronautica S.A. an average labor rate of $65 per work document compliance in regards to (EMBRAER), P.O. Box 343—CEP 12.225, hour. Based on these figures, the environmental justice. The Civil Rights Sao Jose dos Campos—SP, Brazil. You estimated cost of the AD for U.S. Impact Analysis will be conducted prior can examine this information at the operators is $7,800, or $130 per to application approval or a conditional National Archives and Records airplane. commitment of guarantee. Administration (NARA). For Regulatory Findings Dated: October 26, 2004. information on the availability of this Gilbert Gonzalez, material at NARA, call (202) 741–6030, We have determined that this AD will Acting Under Secretary, Rural Development. or go to: http://www.archives.gov/ not have federalism implications under _ [FR Doc. 04–24353 Filed 10–28–04; 8:45 am] federal register/ Executive Order 13132. This AD will _ _ _ not have a substantial direct effect on BILLING CODE 3410–15–P code of federal regulations/ ibr_locations.html. the States, on the relationship between Docket: The AD docket contains the the national government and the States, or on the distribution of power and DEPARTMENT OF TRANSPORTATION proposed AD, comments, and any final disposition. You can examine the AD responsibilities among the various Federal Aviation Administration docket on the Internet at http:// levels of government. dms.dot.gov, or in person at the Docket For the reasons discussed above, I 14 CFR Part 39 Management Facility office between 9 certify that this AD: a.m. and 5 p.m., Monday through (1) Is not a ‘‘significant regulatory [Docket No. FAA–2004–18582; Directorate Friday, except Federal holidays. The action’’ under Executive Order 12866; Identifier 2003–NM–35–AD; Amendment 39– (2) Is not a ‘‘significant rule’’ under Docket Management Facility office 13831; AD 2004–22–03] DOT Regulatory Policies and Procedures (telephone (800) 647–5227) is located on (44 FR 11034, February 26, 1979); and RIN 2120–AA64 the plaza level of the Nassif Building at (3) Will not have a significant the DOT street address stated in the Airworthiness Directives; Empresa economic impact, positive or negative, ADDRESSES section. Brasileira de Aeronautica S.A. on a substantial number of small entities (EMBRAER) Model EMB–135 and –145 FOR FURTHER INFORMATION CONTACT: under the criteria of the Regulatory Series Airplanes Technical information: Todd Flexibility Act. Thompson, Aerospace Engineer, We prepared a regulatory evaluation AGENCY: Federal Aviation International Branch, ANM–116, FAA, of the estimated costs to comply with Administration (FAA), DOT. Transport Airplane Directorate, 1601 this AD. See the ADDRESSES section for ACTION: Final rule. Lind Avenue, SW., Renton, Washington a location to examine the regulatory 98055–4056; telephone (425) 227–1175; evaluation. SUMMARY: The FAA is adopting a new fax (425) 227–1149. airworthiness directive (AD) for certain List of Subjects in 14 CFR Part 39 EMBRAER Model EMB–135 and –145 Plain language information: Marcia Walters, [email protected]. Air transportation, Aircraft, Aviation series airplanes. This AD requires safety, Incorporation by reference, measuring the fillet radius dimension of SUPPLEMENTARY INFORMATION: The FAA Safety. the trunnion fitting webs of the wings; proposed to amend 14 CFR part 39 with and reworking the fillet radius of the an AD for certain EMBRAER Model Adoption of the Amendment trunnion fitting web in order to increase EMB–135 and –145 series airplanes. The I Accordingly, under the authority the radius, doing related investigative proposed AD was published in the delegated to me by the Administrator, actions, and doing applicable corrective Federal Register on July 13, 2004 (69 FR the FAA amends 14 CFR part 39 as action, if necessary. This AD is 41994), to require measuring the fillet follows: prompted by a report indicating that radius dimension of the trunnion fitting trunnion fittings of the wings have been webs of the wings; and reworking the PART 39—AIRWORTHINESS manufactured with a web fillet radius fillet radius of the trunnion fitting web DIRECTIVES smaller than the minimum required by in order to increase the radius, doing the design data, which may induce the related investigative actions, and doing I 1. The authority citation for part 39 occurrence of fatigue cracks at the root applicable corrective action, if continues to read as follows: of the trunnion fillet radius and adjacent necessary. Authority: 49 U.S.C. 106(g), 40113, 44701.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63054 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

§ 39.13 [Amended] Rework and Further Corrective Actions, if P.O. Box 343—CEP 12.225, Sao Jose dos Necessary Campos—SP, Brazil. For information on the I 2. The FAA amends § 39.13 by adding (h) Rework the fillet radius of the trunnion availability of this material at the National the following new airworthiness fitting web to increase the radius, do related Archives and Records Administration directive: investigative actions, and do applicable (NARA), call (202) 741–6030, or go to http: //www.archives.gov/federal_register/ 2004–22–03 Empresa Brasileira de corrective actions by accomplishing all the _ _ _ actions specified in paragraph 3.(D), ‘‘Part code of federal regulations/ Aeonautica S.A. (EMBRAER): ibr_locations.html. You may view the AD Amendment 39–13831. Docket No. II,’’ of the service bulletin. Do the actions in accordance with the service bulletin, except docket at the Docket Management Facility, FAA–2004–18582; Directorate Identifier U.S. Department of Transportation, 400 2003–NM–35–AD. as provided by paragraph (i) of this AD. Any applicable corrective actions must be done Seventh Street SW., room PL–401, Nassif Building,Washington, DC. Effective Date before further flight. (a) This airworthiness directive (AD) (1) If the final fillet radius is less than Issued in Renton, Washington, on October becomes effective December 3, 2004. 0.1969 inch (5 mm) and the radius limit 18, 2004. contour is reached, before further flight, Kalene C. Yanamura, Affected ADs repair in accordance with a method approved Acting Manager, Transport Airplane (b) None. by either the Manager, International Branch, Directorate, Aircraft Certification Service Applicability: (c) This AD applies to ANM–116, FAA, Transport Airplane Directorate; or the Departmento de Aviacao [FR Doc. 04–23925 Filed 10–28–04; 8:45 am] EMBRAER Model EMB–135 and –145 series Civil (DAC) (or its delegated agent). BILLING CODE 4910–13–P airplanes, as listed in EMBRAER Service (2) If the final fillet radius is equal to or Bulletin 145–57–0034, Change 01, dated greater than 0.1969 inches (5 mm), before January 9, 2002; certificated in any category. further flight, shot-peen the reworked area in DEPARTMENT OF TRANSPORTATION Unsafe Condition accordance with paragraph 3.(E), ‘‘Part III,’’ of the service bulletin. Federal Aviation Administration (d) This AD was prompted by a report (i) If any crack is found in the structure indicating that trunnion fittings of the wings during the related investigative action 14 CFR Part 39 have been manufactured with a web fillet required by paragraph (h) of this AD, before radius smaller than the minimum required by further flight, repair in accordance with [Docket No. 2003–SW–51–AD; Amendment the design data, which may induce the either the Manager, International Branch, 39–13840; AD 2004–22–12] occurrence of fatigue cracks at the root of the ANM–116, Transport Airplane Directorate; or RIN 2120–AA64 trunnion fillet radius and adjacent structures the DAC (or its delegated agent). (e.g., spar and ribs). We are issuing this AD to detect and correct fatigue cracking of the Credit for Previous Revisions of Service Airworthiness Directives; MD wing trunnion fittings or adjacent structure, Bulletin Helicopters, Inc. Model 600N which could result in failure of the main (j) Except as provided by paragraphs (h)(1) Helicopters landing gear, consequent damage to and (i) of this AD, measurements and rework AGENCY: Federal Aviation surrounding structure, and possible loss of of the fillet radius done before the effective Administration, DOT. control of the airplane during landing. date of this AD in accordance with Compliance: (e) You are responsible for EMBRAER Service Bulletin 145–57–0034, ACTION: Final rule. having the actions required by this AD dated October 11, 2001, are acceptable for SUMMARY: This amendment adopts a performed within the compliance times compliance with the requirements of this AD. new airworthiness directive (AD) for specified, unless the actions have already Alternative Methods of Compliance (AMOC) been done. MD Helicopters, Inc. Model 600N (k) The Manager, International Branch, helicopters that requires replacing the Service Bulletin ANM–116, Transport Airplane Directorate, fuselage Station 75 control support (f) The term ‘‘service bulletin,’’ as used in has the authority to approve AMOCs for this bracket assembly (control support this AD, means the Accomplishment AD, if requested in accordance with the bracket), reducing the life limit, and Instructions of EMBRAER Service Bulletin procedures found in 14 CFR 39.19. revising the Limitations section of the 145–57–0034, Change 01, dated January 9, Related Information applicable maintenance manual to state 2002. (l) Brazilian airworthiness directive 2001– the reduced life limits on certain serial- Measurement 12–03R1, effective February 4, 2002, also numbered helicopters. This amendment (g) Before the accumulation of 2,000 total addresses the subject of this AD. is prompted by information received flight cycles, or within 500 flight hours after Material Incorporated by Reference from the manufacturer indicating that the effective date of this AD, whichever the fatigue life of the control support (m) You must use EMBRAER Service occurs later, measure the fillet radius bracket is shorter than the original Bulletin 145–57–0034, Change 01, dated dimension of the trunnion fitting webs of the January 9, 2002, to perform the actions that analysis indicated. The actions specified wings in accordance with paragraph 3.(C), are required by this AD, unless the AD by this AD are intended to prevent ‘‘Part I,’’ of the service bulletin. specifies otherwise. The service bulletin failure of the control support bracket (1) If the fillet radius value is equal to or contains these effective pages: and subsequent loss of control of the greater than 0.1969 inches (5 mm), no further helicopter. action is required by this AD. Revision (2) If a fillet radius value is less than Page number level shown Date shown on DATES: Effective December 3, 2004. 0.0394 inches (1 mm), before further flight, on page page FOR FURTHER INFORMATION CONTACT: Fred do the actions specified in paragraph (h) of Guerin, Aviation Safety Engineer, FAA, this AD. 1, 2, 9, 10 ..... 01 ...... Jan. 9, 2002. Los Angeles Aircraft Certification (3) If the fillet radius value is equal to or 3–8, 11–27 .... Original ..... Oct. 11, 2001. Office, Airframe Branch, 3960 greater than 0.0394 inch (1 mm), but less Paramount Blvd., Lakewood, California than 0.1969 inch (5 mm), before the The Director of the Federal Register 90712, telephone (562) 627–5232, fax accumulation of 4,000 total flight cycles, or approves the incorporation by reference of within 500 flight hours after the effective this document in accordance with 5 U.S.C. (562) 627–5210. date of this AD, whichever occurs later, do 552(a) and 1 CFR part 51. For copies of the SUPPLEMENTARY INFORMATION: A the actions specified in paragraph (h) of this service information, contact Empresa proposal to amend 14 CFR part 39 to AD. Brasileira de Aeronautica S.A. (EMBRAER), include an AD for the specified model

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63055

helicopters was published in the of it may be obtained from the Rules Note: MD Helicopters, Inc. Service Bulletin Federal Register on July 29, 2004 (69 FR Docket at the FAA, Office of the No. SB600N–040, dated September 18, 2003, 45291). That action proposed to require Regional Counsel, Southwest Region, pertains to the subject of this AD. replacing the control support bracket 2601 Meacham Blvd., Room 663, Fort (b) For helicopters with a YSAS installed assembly, part number (P/N) 369N2608– Worth, Texas. that are not listed in the previous table, 11, on helicopters that have a yaw replace the control support bracket, P/N stability augmentation system (YSAS) List of Subjects in 14 CFR Part 39 369N2608–11, with an airworthy control support bracket, P/N 600N2608–1, no later installed, with an airworthy assembly, Air transportation, Aircraft, Aviation than November 30, 2005, or by the time the P/N 600N2608–1. The revised time safety, Safety. helicopter reaches 1,600 hours TIS since the limits are dependent upon the time the Adoption of the Amendment installation of the YSAS. YSAS was initially installed. Also (c) For helicopters with no YSAS installed, proposed was revising the applicable I Accordingly, pursuant to the authority but with a control support bracket, P/N maintenance manual to state the 369N26080–11, installed, replace the control delegated to me by the Administrator, reduced life limits. support bracket, with an airworthy control the Federal Aviation Administration The FAA has reviewed MD support bracket, P/N 600N2608–1, prior to Helicopters, Inc. Service Bulletin No. amends part 39 of the Federal Aviation the installation of a YSAS. SB600N–040, dated September 18, 2003, Regulations (14 CFR part 39) as follows: (d) This AD revises the Limitations section which describes the revised finite life of the applicable maintenance manual by PART 39—AIRWORTHINESS reducing the life limit of the control support for the control support bracket on DIRECTIVES bracket assembly, part number 369N2608–11, certain serial-numbered helicopters, and to the life limits stated in paragraph (a) of replacing them upon reaching the I 1. The authority citation for part 39 this AD or to 1,600 hours TIS, whichever revised life limit, or no later than continues to read as follows: occurs first. November 30, 2005, whichever occurs (e) To request a different method of Authority: 49 U.S.C. 106(g), 40113, 44701. first. compliance or a different compliance time Interested persons have been afforded § 39.13 [Amended] for this AD, follow the procedures in 14 CFR an opportunity to participate in the 39.19. Contact the Los Angeles Aircraft making of this amendment. No I 2. Section 39.13 is amended by adding Certification Office, Transport Airplane comments were received on the a new airworthiness directive to read as Directorate, FAA, for information about follows: previously approved alternative methods of proposal or the FAA’s determination of compliance. the cost to the public. The FAA has 2004–22–12 MD Helicopters, Inc.: (f) This amendment becomes effective on determined that air safety and the Amendment 39–13840. Docket No. December 3, 2004. public interest require the adoption of 2003–SW–51–AD. the rule as proposed. Applicability: Model 600N helicopters, Issued in Fort Worth, Texas, on October 22, The FAA estimates that this AD will serial numbers with a prefix of ‘‘RN’’ and 2004. affect 13 helicopters of U.S. registry. numbers 025, 029, 032, 034 through 038, 040, David A. Downey, Replacing the control support bracket 041, 045, 048, or 067; or, any Model 600N Manager, Rotorcraft Directorate, Aircraft will take approximately 40 work hours helicopter with a yaw stability augmentation Certification Service. system (YSAS) installed, and with a control per helicopter to accomplish at an [FR Doc. 04–24228 Filed 10–28–04; 8:45 am] average labor rate of $65 per work hour. support bracket assembly, part number (P/N) 369N2608–11, installed, certificated in any BILLING CODE 4910–13–P Required parts will cost approximately category. $5,617 per helicopter. Based on these Compliance: Required as indicated, unless figures, the total estimated cost impact accomplished previously. DEPARTMENT OF TRANSPORTATION of this AD on U.S. operators is $106,821 To prevent failure of the fuselage Station to replace the control support bracket on 75 control support bracket assembly (control Federal Aviation Administration each helicopter in the fleet. support bracket) and subsequent loss of The regulations adopted herein will control of the helicopter, accomplish the 14 CFR Part 71 not have a substantial direct effect on following: (a) Replace the control support bracket, [Docket No. FAA–2004–18815; Airspace the States, on the relationship between Docket No. 04–AWP–2] the national Government and the States, part number 369N2608–11, with an airworthy control support bracket assembly, or on the distribution of power and P/N 600N2608–1, no later than November 30, Modification of Class D and Class E responsibilities among the various 2005, or by the time the helicopter reaches Airspace; Prescott, AZ levels of government. Therefore, it is the hours time-in-service (TIS) listed in the determined that this final rule does not chart below, whichever occurs first: AGENCY: Federal Aviation have federalism implications under Administration (FAA), DOT. Executive Order 13132. Helicopter serial number Revised finite life ACTION: Final rule. For the reasons discussed above, I (TIS) certify that this action (1) is not a SUMMARY: This action modifies the Class ‘‘significant regulatory action’’ under RN025 ...... 2556 D and Class E surface areas at Ernest A. RN029 ...... 2377 Executive Order 12866; (2) is not a Love Field (PRC) in Prescott, AZ. A RN032 ...... 2498 review of airport operations and ‘‘significant rule’’ under DOT RN034 ...... 2456 Regulatory Policies and Procedures (44 RN035 ...... 2243 airspace made this action necessary. FR 11034, February 26, 1979); and (3) RN036 ...... 2652 This action modifies the Prescott Class will not have a significant economic RN037 ...... 2544 D and Class E surface areas to include impact, positive or negative, on a RN038 ...... 2531 airspace extending upward from the substantial number of small entities RN040 ...... 2562 surface to and including 7,500 feet MSL under the criteria of the Regulatory RN041 ...... 2763 within a 6-mile radius of Ernest A. Love Flexibility Act. A final evaluation has RN045 ...... 2015 Field. RN048 ...... 2125 been prepared for this action and it is RN067 ...... 1600 EFFECTIVE DATE: 0901 UTC, January 20, contained in the Rules Docket. A copy 2005.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63056 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: Jeri PART 71—DESIGNATION OF CLASS A, ACTION: Direct final rule; request for Carson, Airspace Branch, Western CLASS B, CLASS C, CLASS D, AND comments. Terminal Operations, Federal Aviation CLASS E AIRSPACE AREAS; SUMMARY: Administration, 15000 Aviation AIRWAYS; ROUTES; AND REPORTING This action amends Title 14 Code of Federal Regulations, part 71 (14 Boulevard, Lawndale, CA; telephone POINTS CFR part 71) by revising Class E (310) 725–6611. I 1. The authority citation for part 71 airspace at Sedalia, MO. A review of the SUPPLEMENTARY INFORMATION: continues to read as follows: Class E airspace area extending upward from 700 feet above the surface at History Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 95665, 3 CFR 1959– Sedalia, MO revealed it is not in On Monday, August 30, 2004, the 1963 Comp., p. 389. compliance with established airspace criteria. This airspace area is enlarged FAA proposed to amend 14 CFR part 71 § 71.1 [Amended] to modify Class D and Class E airspace and modified to conform to FAA I 2. The incorporation by reference in 14 Orders. The intended effect of this rule at Prescott, AZ. (69 FR 52839). CFR 71.1 of the Federal Aviation Interested parties were invited to is to provide controlled airspace of Administration Order 7400.9M, appropriate dimensions to protect participate in this rulemaking Airspace Designations and Reporting aircraft departing from and executing proceeding by submitting written Points, dated August 30, 2004, and Standard Instrument Approach comments on the proposal to the FAA. effective September 16, 2004, is Procedures (SIAPs) to Sedalia Memorial No comments objecting to the proposal amended as follows: Airport. were received. Class D airspace DATES: This direct final rule is effective designations are published in paragraph Paragraph 5000 Class D Airspace. on 0901 UTC, January 20, 2005. 5000 and Class E surface area airspace * * * * * Comments for inclusion in the Rules designations are published in paragraph AWP AZ D Prescott, AZ [Revised] Docket must be received on or before 6002 of FAA Order 7400.9M dated Prescott, Ernest A. Love Field, AZ November 30, 2004. August 30, 2004, and effective (Lat. 34°39′16.1″ N, long. 112°25′10.5″ W) ADDRESSES: Send comments on this September 16, 2004, which is That airspace extending upward from the proposal to the Docket Management incorporated by reference in 14 CFR surface to and including 7,500 feet MSL within a 6-mile radius of Ernest A. Love System, U.S. Department of 71.1. The Class D and Class E airspace Transportation, Room Plaza 401, 400 designations listed in this document Field. This Class D airspace area is effective during the specific dates and times Seventh Street, SW., Washington, DC will be published subsequently in the established in advance by a Notice to 20590–0001. You must identify the Order. Airmen. The effective date and time will docket number FAA–2004–19334/ The Rule thereafter be published in the Airport/ Airspace Docket No. 04–ACE–63, at the Facility Directory. beginning of your comments. You may This amendment to 14 CFR part 71 * * * * * also submit comments on the Internet at modifies Class D and Class E airspace at AWP AZ E2 Prescott, AZ [Revised] http://dms.dot.gov. You may review the Prescott, AZ. The FAA has determined Prescott, Ernest A. Love Field, AZ public docket containing the proposal, that this regulation only involves an (Lat. 34°39′16.1″ N, long. 112°25′10.5″ W) any comments received, and any final established body of technical That airspace extending upward from the disposition in person in the Dockets regulations for which frequent and surface to and including 7,500 feet MSL Office between 9 a.m. and 5 p.m., routine amendments are necessary to within a 6-mile radius of Ernest A. Love Monday through Friday, except Federal keep them operationally current. Field. This Class E airspace area is effective holidays. The Docket Office (telephone Therefore, this regulation—(1) is not a during the specific dates and times 1–800–647–5527) is on the plaza level ‘‘significant regulatory action’’ under established in advance by a Notice to of the Department of Transportation Airmen. The effective date and time will NASSIF Building at the above address. Executive Order 12866; (2) is not a thereafter be published in the Airport/ ‘‘significant rule’’ under DOT Facility Directory. FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division, Regulatory Policies and Procedures (44 * * * * * FR 11034; February 26, 1979); and (3) Airspace Branch, ACE–520A, DOT does not warrant preparation of a Issued in Los Angeles, California, on Regional Headquarters Building, Federal October 18, 2004. Regulatory Evaluation as the anticipated Aviation Administration, 901 Locust, impact is so minimal. Since this is a John Clandy, Kansas City, MO 64106; telephone: routine matter that will only affect air Area Director, Western Terminal Operations. (816) 329–2524. traffic procedures and air navigation, it [FR Doc. 04–24258 Filed 10–28–04; 8:45 am] SUPPLEMENTARY INFORMATION: This is certified that this rule will not have BILLING CODE 4910–13–M amendment to 14 CFR part 71 modifies a significant economic impact on a the Class E airspace area extending substantial number of small entities upward from 700 feet above the surface DEPARTMENT OF TRANSPORTATION under the criteria of the Regulatory at Sedalia, MO. An examination of Flexibility Act. Federal Aviation Administration controlled airspace for Sedalia, MO revealed the Class E airspace area does List of Subjects in 14 CFR Part 71 14 CFR Part 71 not comply with airspace requirements Airspace, Incorporation by reference, for diverse departures from Sedalia [Docket No. FAA–2004–19334; Airspace Memorial Airport as set forth in FAA Navigation (air). Docket No. 14–ACE–63] Order 7400.2E, Procedures for Handling Adoption of the Amendment Modification of Class E Airspace; Airspace Matters. The criteria in FAA Sedalia, MO Order 7400.2E for an aircraft to reach I In consideration of the foregoing, the 1200 feet AGL, taking into consideration Federal Aviation Administration AGENCY: Federal Aviation rising terrain, is based on a standard amends 14 CFR part 71 as follows: Administration (FAA), DOT. climb gradient of 200 feet per mile plus

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63057

the distance from the airport reference Comments Invited PART 71—DESIGNATION OF CLASS A, point to the end of the outermost CLASS B, CLASS C, CLASS D, AND runway. Any fractional part of a mile is Interested parties are invited to CLASS E AIRSPACE AREAS; converted to the next higher tenth of a participate in this rulemaking by AIRWAYS; ROUTES; AND REPORTING mile. Additionally, the examination submitting such written data, views, or POINTS revealed the description and arguments, as they may desire. I dimensions of the south extension to the Comments that provide the factual basis 1. The authority citation for part 71 airspace area were not in compliance supporting the views and suggestions continues to read as follows: with FAA Orders 7400.2E and presented are particularly helpful in Authority: 49 U.S.C. 106(g), 40103, 40113, 8260.19C, Flight Procedures and developing reasoned regulatory 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Airspace and that the north extension is decisions on the proposal. Comments 1963 Comp., p. 389. are specifically invited on the overall no longer required. This amendment § 71.1 [Amended] expands the airspace area from a 6.7- regulatory, aeronautical, economic, I 2. The incorporation by reference in 14 mile radius to a 7.1-mile radius of environmental, and energy-related CFR 71.1 of Federal Aviation Sedalia Memorial Airport, defines the aspects of the proposal. Administration Order 7400.9M, dated south extension in relation to the Communications should identify both August 30, 2004, and effective Sedalia nondirectional radio beacon docket numbers and be submitted in September 16, 2004, is amended as (NDB) and eliminates the north triplicate to the address listed above. follows: extension. These modifications provide Commenters wishing the FAA to controlled airspace of appropriate acknowledge receipt of their comments * * * * * dimensions to protect aircraft departing on this notice must submit with those Paragraph 6005 Class E airspace areas from the executing SIAPs to Sedalia comments a self-addressed, stamped extending upward from 700 feet or more Memorial Airport and bring the legal postcard on which the following above the surface of the earth. descriptions of the Sedalia, MO Class E statement is made: ‘‘Comments to * * * * * Docket No. FAA–2004–19334/Airspace airspace area into compliance with FAA ACE MO E5 Sedalia, MO Orders 7400.2E and 8260.19C. This area Docket No. 04–ACE–63.’’ The postcard will be date/time stamped and returned Sedalia Memorial Airport, MO will be depicted on appropriate ° ′ ″ ° ′ ″ to the commenter. (Lat. 38 42 25 N., long. 93 10 34 W.) aeronautical charts. Class E airspace Sedalia NDB areas extending upward from 700 feet or Agency Findings (Lat. 38°42′16″ N., long. 93°10′36″ W.) more above the surface of the earth are That airspace extending upward from 700 published in paragraph 6005 of FAA The regulations adopted herein will feet above the surface within a 7.1-mile Order 7400.9M, Airspace Designations not have a substantial direct effect on radius of Sedalia Memorial Airport and and Reporting Points, dated August 30, the States, on the relationship between within 2.5 miles each side of the 166° bearing 2004, and effective September 16, 2004, the national Government and the States, from the Sedalia NDB extending from the 7.1- which is incorporated by reference in 14 or on the distribution of power and mile radius of the airport to 7 miles south of CFR 71.1. The Class E airspace responsibilities among the various the NDB. designation listed in this document will levels of government. Therefore, it is * * * * * be published subsequently in the Order. determined that this final rule does not Issued in Kansas City, MO, on October 21, have federalism implications under 2004. The Direct Final Rule Procedure Executive Order 13132. Elizabeth S. Wallis, The FAA anticipates that this The FAA has determined that this Acting Area Director, Western Flight Services regulation will not result in adverse or regulation is noncontroversial and Operations. negative comment and, therefore, is unlikely to result in adverse or negative [FR Doc. 04–24259 Filed 10–28–04; 8:45 am] issuing it as a direct final rule. Previous comments. For the reasons discussed in BILLING CODE 4910–13–M actions of this nature have not been the preamble, I certify that this controversial and have not resulted in regulation (1) is not a ‘‘significant adverse comments or objections. Unless regulatory action’’ under Executive DEPARTMENT OF TRANSPORTATION a written adverse or negative comment, Order 12866; (2) is not a ‘‘significant Federal Aviation Administration or a written notice of intent to submit rule’’ under Department of an adverse or negative comment is Transportation (DOT) Regulatory 14 CFR Part 71 received within the comment period, Policies and Procedures (44 FR 11034, the regulation will become effective on February 26, 1979); and (3) if [Docket No. FAA–2004–19332; Airspace the date specified above. After the close promulgated, will not have a significant Docket No. 04–ACE–61] of the comment period, the FAA will economic impact, positive or negative, publish a document in the Federal Modification of Class E Airspace; on a substantial number of small entities Hartington, NE Register indicating that no adverse or under the criteria of the Regulatory negative comments were received and Flexibility Act. AGENCY: Federal Aviation confirming the date on which the final Administration (FAA), DOT. List of Subjects in 14 CFR Part 71 rule will become effective. If the FAA ACTION: Direct final rule; request for does receive, within the comment Airspace, Incorporation by reference, comments. period, an adverse or negative comment, Navigation (air). or written notice of intent to submit SUMMARY: This action amends Title 14 such a comment, a document Adoption of the Amendment Code of Federal Regulations, part 71 (14 withdrawing the direct final rule will be CFR 71) by revising Class E airspace at published in the Federal Register, and I Accordingly, the Federal Aviation Hartington, NE. A review of the Class E a notice of proposed rulemaking may be Administration amends 14 CFR part 71 airspace area extending upward from published with a new comment period. as follows: 700 feet above the surface at Hartington,

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63058 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

NE revealed it is not in compliance with radius of Hartington Municipal Airport. regulatory, aeronautical, economic, established airspace criteria and does It eliminates the southeast extension, environmental, and energy-related not reflect the current Hartington deletes reference to the Yankton very aspects of the proposal. Municipal Airport airport reference high frequency omni-directional range Communications should identify both point (ARP). This airspace area is (VOR)/distance measuring equipment docket numbers and be submitted in modified to conform to FAA Orders. (DME) in the legal description and triplicate to the address listed above. The intended effect of this rule is to corrects the Hartington Municipal Commenters wishing the FAA to provide controlled airspace of Airport ARP in the legal description. acknowledge receipt of their comments appropriate dimensions to protect These modifications provide controlled on this notice must submit with those aircraft departing from and executing airspace of appropriate dimensions to comments a self-addressed, stamped Standard Instrument Approach protect aircraft departing from and postcard on which the following Procedures (SIAPs) to Hartington executing SIAPs to Hartington statement is made: ‘‘Comments to Municipal Airport. Municipal airport and bring the legal Docket No. FAA–2004–19332/Airspace DATES: This direct final rule is effective description of the Hartington, NE Class Docket No. 04–ACE–61.’’ The postcard on 0901 UTC, January 20, 2005. E airspace area into compliance with will be date/time stamped and returned Comments for inclusion in the Rules FAA Order 7400.2E. This area will be to the commenter. Docket must be received on or before depicted on appropriate aeronautical November 30, 2004. charts. Class E airspace areas extending Agency Findings ADDRESSES: Send comments on this upward from 700 feet or more above the The regulations adopted herein will proposal to the Docket Management surface of the earth are published in System, U.S. Department of paragraph 6005 of FAA Order 7400.9M, not have a substantial direct effect on Transportation, Room Plaza 401, 400 Airspace Designations and Reporting the States, on the relationship between Seventh Street, SW., Washington, DC Points, dated August 30, 2004, and the national Government and the States, 20590–0001. You must identify the effective September 16, 2004, which is or on the distribution of power and docket number FAA–2004–19332/ incorporated by reference in 14 CFR responsibilities among the various Airspace Docket No. 04–ACE–61, at the 71.1. The Class E airspace designation levels of government. Therefore, it is beginning of your comments. You may listed in this document will be determined that this final rule does not also submit comments on the Internet at published subsequently in the Order. have federalism implications under Executive Order 13132. http://dms.dot.gov. You may review the The Direct Final Rule Procedure public docket containing the proposal, The FAA has determined that this The FAA anticipates that this any comments received, and any final regulation is noncontroversial and regulation will not result in adverse or disposition in person in the Dockets unlikely to result in adverse or negative negative comment and, therefore, is Office between 9 a.m. and 5 p.m., comments. For the reasons discussed in issuing it as a direct final rule. Previous Monday through Friday, except Federal actions of this nature have not been the preamble, I certify that this holidays. The Docket Office (telephone controversial and have not resulted in regulation (1) is not a ‘‘significant 1–800–647–5527) is on the plaza level adverse comments or objections. Unless regulatory action’’ under Executive of the Department of Transportation a written adverse or negative comment Order 12866; (2) is not a ‘‘significant NASSIF Building at the above address. or a written notice of intent to submit rule’’ under Department of FOR FURTHER INFORMATION CONTACT: an adverse or negative comment is Transportation (DOT) Regulatory Brenda Mumper, Air Traffic Division, received within the comment period, Policies and Procedures (44 FR 11034, Airspace Branch, ACE–520A, DOT the regulation will become effective on February 26, 1979); and (3) if Regional Headquarters Building, Federal the date specified above. After the close promulgated, will not have a significant Aviation Administration, 901 Locust, of the comment period, the FAA will economic impact, positive or negative, Kansas City, MO 64106; telephone: publish a document in the Federal on a substantial number of small entities (816) 329–2524. Register indicating that no adverse or under the criteria of the Regulatory SUPPLEMENTARY INFORMATION: This negative comments were received and Flexibility Act. amendment to 14 CFR 71 modifies the confirming the date on which the final List of Subjects in 14 CFR Part 71 Class E airspace area extending upward rule will become effective. If the FAA from 700 feet above the surface at does receive, within the comment Airspace, Incorporation by reference, Hartington, NE. An examination of period, an adverse or negative comment, Navigation (air). controlled airspace for Hartington, NE or written notice of intent to submit revealed the Class E airspace area does such a comment, a document Adoption of the Amendment not comply with airspace requirements withdrawing the direct final rule will be I for diverse departures from Hartington published in the Federal Register, and Accordingly, the Federal Aviation Municipal Airport as set forth in FAA a notice of proposed rulemaking may be Administration amends 14 CFR part 71 Order 7400.2E, Procedures for Handling published with a new comment period. as follows: Airspace Matters. The legal description of the Class E airspace area does not Comments Invited PART 71—DESIGNATION OF CLASS A, reflect the correct Hartington Municipal Interested parties are invited to CLASS B, CLASS C, CLASS D, AND Airport ARP. The examination also participate in this rulemaking by CLASS E AIRSPACE AREAS; revealed compliance with airspace submitting such written data, views, or AIRWAYS; ROUTES; AND REPORTING requirements for diverse departures arguments, as they may desire. POINTS Comments that provide the factual basis eliminates the need for an extension to I the airspace area. supporting the views and suggestions 1. The authority citation for part 71 This action enlarges the Hartington, presented are particularly helpful in continues to read as follows: NE Class E airspace area extending developing reasoned regulatory Authority: 49 U.S.C. 106(g), 40103, 40113, upward from 700 feet above the surface decisions on the proposal. Comments 40120; E.O. 10854, 24 FR 9565, 3 CFR 1959– from a 6.3-mile radius to an 8.6-mile are specifically invited on the overall 1963 Comp., p. 389.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63059

§ 71.1 [Amended] Airspace Docket No. 04–ACE–60, at the the regulation will become effective on I 2. The incorporation by reference in 14 beginning of your comments. You may the date specified above. After the close CFR 71.1 of Federal Aviation also submit comments on the Internet at of the comment period, the FAA will Administration Order 7400.9M, dated http://dms.dot.gov. You may review the publish a document in the Federal August 30, 2004, and effective public docket containing the proposal, Register indicating that no adverse or September 16, 2004, is amended as any comments received, and any final negative comments were received and follows: disposition in person in the Dockets confirming the date on which the final Office between 9 a.m. and 5 p.m., rule will become effective. If the FAA Paragraph 6005 Class E airspace areas Monday through Friday, except Federal does receive, within the comment extending upward from 700 feet or more holidays. The Docket Office (telephone period, an adverse or negative comment, above the surface of the earth. 1–800–647–5527) is on the plaza level or written notice of intent to submit * * * * * of the Department of Transportation such a comment, a document ACE NE E5 Hartington, NE NASSIF Building at the above address. withdrawing the direct final rule will be Hartington Municipal Airport, NE FOR FURTHER INFORMATION CONTACT: published in the Federal Register, and (Lat. 42°36′13″ N., long. 97°15′10″ W.) Brenda Mumper, Air Traffic Division, a notice of proposed rulemaking may be That airspace extending upward from 700 Airspace Branch, ACE–520A, DOT published with a new comment period. feet above the surface within an 8.6-mile Regional Headquarters Building, Federal Comments Invited radius of Hartington Municipal Airport. Aviation Administration, 901 Locust, Interested parties are invited to Kansas City, MO 64106; telephone: * * * * * participate in this rulemaking by (816) 329–2524. Issued in Kansas City, MO, on October 21, submitting such written data, views, or 2004. SUPPLEMENTARY INFORMATION: This arguments, as they may desire. Elizabeth S. Wallis, amendment to 14 CFR 71 modifies the Comments that provide the factual basis Acting Area Director, Western Flight Services Class E airspace area extending upward supporting the views and suggestions Operations. from 700 feet above the surface at presented are particularly helpful in [FR Doc. 04–24262 Filed 10-28–04; 8:45 am] Harvard, NE. An examination of developing reasoned regulatory controlled airspace for Harvard, NE BILLING CODE 4910–13–M decisions on the proposal. Comments revealed that the Harvard State Airport are specifically invited on the overall ARP used in the legal description for regulatory, aeronautical, economic, DEPARTMENT OF TRANSPORTATION this Class E airspace area is incorrect. environmental, and energy-related The examination also revealed that the aspects of the proposal. Federal Aviation Administration Class E airspace area extension is no Communications should identify both longer required in order for the airspace docket numbers and be submitted in 14 CFR Part 71 area to comply with airspace triplicate to the address listed above. requirements in FAA Orders 7400.2E, [Docket No. FAA–2004–19331; Airspace Commenters wishing the FAA to Docket No. 04–ACE–60] Procedures for Handling Airspace acknowledge receipt of their comments Matters and 8260.19C, Flight Procedures on this notice must submit with those Modification of Class E Airspace; and Airspace. comments a self-addressed, stamped Harvard, NE This action corrects the Harvard State postcard on which the following Airport ARP in the legal description, statement is made: AGENCY: Federal Aviation deletes the airspace extension and ‘‘Comments to Docket No. FAA– Administration (FAA), DOT. brings the legal description of the 2004–19331/Airspace Docket No. 04– ACTION: Direct final rule; request for airspace area into compliance with FAA ACE–60.’’ The postcard will be date/ comments. Orders 7400.2E and 8260.19C. This area time stamped and returned to the will be depicted on appropriate SUMMARY: commenter. This action amends Title 14 aeronautical charts. Class E airspace Code of Federal Regulations, part 71 (14 areas extending upward from 700 feet or Agency Findings CFR 71) by revising Class E airspace at more above the surface of the earth are The regulations adopted herein will Harvard, NE. A review of the Class E published in paragraph 6005 of FAA not have a substantial direct effect on airspace area extending upward from Order 7400.9M, Airspace Designations the States, on the relationship between 700 feet above the surface at Harvard, and Reporting Points, dated August 30, the national Government and the States, NE revealed it does not reflect the 2004, and effective September 16, 2004, or on the distribution of power and current Harvard State Airport airport which is incorporated by reference in 14 responsibilities among the various reference point (ARP) and is not in CFR 71.1. The Class E airspace levels of government. Therefore, it is compliance with established airspace designation listed in this document will determined that this final rule does not criteria. This airspace area is modified be published subsequently in the Order. have federalism implications under to conform to FAA Orders. Executive Order 13132. DATES: This direct final rule is effective The Direct Final Rule Procedure The FAA has determined that this on 0901 UTC, January 20, 2005. The FAA anticipates that this regulation is noncontroversial and Comments for inclusion in the Rules regulation will not result in adverse or unlikely to result in adverse or negative Docket must be received on or before negative comment and, therefore, is comments. For the reasons discussed in November 30, 2004. issuing it as a direct final rule. Previous the preamble, I certify that this ADDRESSES: Send comments on this actions of this nature have not been regulation (1) is not a ‘‘significant proposal to the Docket Management controversial and have not resulted in regulatory action’’ under Executive System, U.S. Department of adverse comments or objections. Unless Order 12866; (2) is not a ‘‘significant Transportation, Room Plaza 401, 400 a written adverse or negative comment, rule’’ under Department of Seventh Street, SW., Washington, DC or a written notice of intent to submit Transportation (DOT) Regulatory 20590–0001. You must identify the an adverse or negative comment is Policies and Procedures (44 FR 11034, docket number FAA–2004–19331/ received within the comment period, February 26, 1979); and (3) if

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63060 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

promulgated, will not have a significant SUMMARY: This action establishes a Class impact is so minimal. Since this is a economic impact, positive or negative, E airspace area to support instrument routine matter that will only affect air on a substantial number of small entities operations into Napa County Airport. traffic procedures and air navigation, it under the criteria of the Regulatory This action will enable operations at is certified that this rule will not have Flexibility Act. 4000 feet above Mean Sea Level (MSL) a significant economic impact on a along the Sausalito transition to the List of Subjects in 14 CFR Part 71 substantial number of small entities VOR RWY 6 instrument approach under the criteria of the Regulatory Airspace, Incorporation by reference, procedure. A review of airspace and air Flexibility Act. Navigation (air). traffic control operations made this Adoption of the Amendment action necessary. The effect of this List of Subjects in 14 CFR Part 71 proposal is to provide adequate I Accordingly, the Federal Aviation controlled airspace for Instrument Flight Airspace, Incorporation by reference, Administration amends 14 CFR part 71 Rules (IFR) operations. Navigation (air). as follows: EFFECTIVE DATE: 0901 UTC, January 20, Adoption of the Amendment PART 71—DESIGNATION OF CLASS A, 2005. I CLASS B, CLASS C, CLASS D, AND FOR FURTHER INFORMATION CONTACT: Jeri In consideration of the foregoing, the CLASS E AIRSPACE AREAS; Carson, Airspace Branch, Western Federal Aviation Administration AIRWAYS; ROUTES; AND REPORTING Terminal Operations, Federal Aviation amends 14 CFR part 71 as follows: POINTS Administration, 15000 Aviation Boulevard, Lawndale, California; PART 71—DESIGNATION OF CLASS A, I 1. The authority citation for part 71 telephone (310) 725–6611. CLASS B, CLASS C, CLASS D, AND continues to read as follows: SUPPLEMENTARY INFORMATION: CLASS E AIRSPACE AREAS; Authority: 49 U.S.C. 106(g), 40103, 40113, AIRWAYS; ROUTES; AND REPORTING 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– History POINTS 1963 Comp., p. 389. On Tuesday, August 17, 2004, the I § 71.1 [Amended] FAA proposed to amend 14 CFR part 71 1. The authority citation for part 71 to establish Class E airspace at Napa, continues to read as follows: I 2. The incorporation by reference in 14 CA. (69 FR 51019). The proposal was to Authority: 49 U.S.C. 106(g), 40103, 40113, CFR 71.1 of Federal Aviation establish additional controlled airspace Administration Order 7400.9M, dated 40120; E.O. 10854, 24 FR 95665, 3 CFR, extending upward from 700 feet or more 1959–1963 Comp., p. 389. August 30, 2004, and effective above the surface of the earth to enable September 16, 2004, is amended as Oakland Air Route Traffic Control § 71.1 [Amended] follows: Central to route aircraft along the * * * * * Sausalito transition at 4000 feet above I 2. The incorporation by reference in 14 Paragraph 6005 Class E airspace areas Mean Sea Level. Interested parties were CFR 71.1 of the Federal Aviation extending upward from 700 feet or more invited to participate in this rulemaking Administration Order 7400.9M, above the surface of the earth. proceeding by submitting written Airspace Designations and Reporting * * * * * comments on the proposal to the FAA. Points, dated August 30, 2004, and No comments objecting to the proposal effective September 16, 2004, is ACE NE E5 Harvard, NE were received. Class E airspace amended as follows: Harvard State Airport, NE designations are published in paragraph ° ′ ″ ° ′ ″ Paragraph 6005 Class E airspace areas (Lat. 40 39 05 N., long. 98 04 47 W.) 6005 of FAA Order 7400.9M dated That airspace extending upward from 700 extending upward from 700 feet or more August 30, 2004, and effective above the surface of the earth. feet above the surface within a 6.4-mile September 16, 2004, which is radius of Harvard State Airport. incorporated by reference in 14 CFR * * * * * Issued in Kansas City, MO, on October 21, 71.1. The Class E airspace designation AWP CA E5 Napa, CA [New] 2004. listed in this document will be Elizabeth S. Wallis, Napa County Airport, CA published subsequently in the Order. (Lat. 38°12′47″N, long. 122°16′50″ W) Acting Area Director, Western Flight Services Operations. The Rule That airspace extending upward from 700 [FR Doc. 04–24261 Filed 10–28–04; 8:45 am] This amendment to 14 CFR part 71 feet above the surface within a 6.5 mile radius of the Napa County Airport, and that BILLING CODE 4910–13–M establishes Class E airspace at Napa, CA to accommodate aircraft executing airspace bounded by a line beginning at lat. ° ′ ″ ° ′ ″ instrument flight procedures into Napa 38 02 07 N, long. 122 39 41 W; to lat. ° ′ ″ ° ′ ″ DEPARTMENT OF TRANSPORTATION County Airport. The FAA has 37 55 05 N, long. 122 30 56 N; to lat. 37°51′19″ N, long. 122°30′56″ W; to lat. determined that this regulation only ° ′ ″ ° ′ ″ Federal Aviation Administration involves an established body of 37 50 26 N, long. 122 36 17 W; to the point technical regulations for which frequent of beginning. 14 CFR Part 71 and routine amendments are necessary * * * * * [Docket No. FAA–2004–18697; Airspace to keep them operationally current. Issued in Los Angeles, California, on Docket No. 04–AWP–4] Therefore, this regulation—(1) is not a October 18, 2004. ‘‘significant regulatory action’’ under John Clancy, Establishment of Class E Airspace; Executive Order 12866; (2) is not a Napa, CA ‘‘significant rule’’ under DOT Area Director, Western Terminal Operations. [FR Doc. 04–24263 Filed 10–28–04; 8:45 am] AGENCY: Federal Aviation Regulatory Policies and Procedures (44 BILLING CODE 4910–13–M Administration (FAA), DOT. FR 11034; February 26, 1979); and (3) does not warrant preparation of a ACTION: Final rule. Regulatory Evaluation as the anticipated

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63061

DEPARTMENT OF TRANSPORTATION Kansas City, MO 64106; telephone: protect aircraft departing from and (816) 329–2524. executing SIAPs to Hastings Municipal Federal Aviation Administration SUPPLEMENTARY INFORMATION: This Airport and bring the legal descriptions amendment to 14 CFR 71 modifies the of the Hastings, NE Class E airspace 14 CFR Part 71 Class E airspace area designated as a areas into compliance with FAA Orders [Docket No. FAA–2004–19330; Airspace surface area and the Class E airspace 7400.2E and 8260.19C, Flight Docket No. 04–ACE–59] area extending upward from 700 feet Procedures and Airspace. Class E above the surface at Hastings, NE. An airspace areas designated as surface Modification of Class E Airspace; examination of controlled airspace for areas are published in Paragraph 6002 of Hastings, NE Hastings, NE revealed that these Class E FAA Order 7400.9M, dated August 30, airspace areas do not comply with 2004, and effective September 16, 2004, AGENCY: Federal Aviation airspace requirements for diverse which is incorporated by reference in 14 Administration (FAA), DOT. departures from Hastings Municipal CFR 71.1. Class E airspace areas ACTION: Direct final rule; request for Airport as set forth in FAA Order extending upward from 700 feet or more comments. 7400.2E, Procedures for Handling above the surface of the earth are published in Paragraphs 6005 of the SUMMARY: This action amends Title 14 Airspace Matters. The legal description of neither Class E airspace area reflects same FAA Order. The Class E airspace Code of Federal Regulations, part 71 (14 designations listed in this document CFR 71) by revising Class E airspace the correct Hastings Municipal Airport reference point (ARP). The examination will be published subsequently in the areas at Hastings, NE. A review of the Order. controlled airspace areas at Hastings, NE also revealed the incorrect dimensions revealed noncompliance with criteria of extensions to the Class E airspace The Direct Final Rule Procedure for diverse departures from Hastings area designated as a surface area and the The FAA anticipates that this Municipal Airport. The review also Class E airspace area extending upward regulation will not result in adverse or identified other discrepancies in the from 700 feet above the surface. negative comment and, therefore, is legal descriptions for the Hastings, NE The dimensions of the Hastings, NE issuing it as a direct final rule. Previous Class E airspace areas. The intended Class E airspace area designated as a actions of this nature have not been effect of this rule is to provide surface area are modified to controversial and have not resulted in controlled airspace of appropriate accommodate all SIAPs serving the adverse comments or objections. Unless dimensions to protect aircraft departing airport and to provide adequate a written adverse or negative comment, from and executing Standard Instrument controlled airspace for diverse or a written notice of intent to submit Approach Procedures (SIAPs) to departures. The radius of this airspace an adverse or negative comment is Hastings Municipal Airport. It also area is increased from 4.1 to 4.7 miles. received within the comment period, corrects discrepancies in the legal The southeast extension to the airspace the regulation will become effective on descriptions of Hastings, NE Class E area is defined in relation to the the date specified above. After the close airspace areas and brings the airspace Hastings very high frequency omni- of the comment period, the FAA will directional range (VOR)/distance publish a document in the Federal areas and legal descriptions into ° compliance with FAA Orders. measuring equipment (DME), 137 Register indicating that no adverse or radial, increased in width from 1.8 to DATES: The direct final rule is effective negative comments were received and 2.4 miles each side of centerline and confirming the date on which the final on 0901 UTC, January 20, 2005. defined in length as extending 7 miles Comments for inclusion in the Rules rule will become effective. If the FAA southeast of the VOR/DME. The does receive, within the comment Docket must be received on or before southwest extension to the airspace area November 30, 2004. period, an adverse or negative comment, is defined in relation to the VOR/DME or written notice of intent to submit ADDRESSES: Send comments on this 219° radial, decreased in width from 2.6 such a comment, a document proposal to the Docket Management to 2.4 miles each side of centerline and withdrawing the direct final rule will be System, U.S. Department of defined in length as extending 7 miles published in the Federal Register, and Transportation, Room Plaza 401, 400 southwest of the VOR/DME. The a notice of proposed rulemaking may be Seventh Street, SW., Washington, DC northwest extension to the airspace area published with a new comment period. 20590–0001. You must identify the is defined in relation to the 330° bearing docket number FAA–2004–19330/ from the airport and decreased in length Comments Invited Airspace Docket No. 04–ACE–59, at the from 8.3 to 5.6 miles from the airport. Interested parties are invited to beginning of your comments. You may The dimensions of the Hastings, NE participate in this rulemaking by also submit comments on the Internet at Class E airspace area extending upward submitting such written data, views, or http://dms.dot.gov. You may review the from 700 feet above the surface are arguments, as they may desire. public docket containing the proposal, modified to appropriate dimensions to Comments that provide the factual basis any comments received, and any final accommodate all SIAPs serving the supporting the views and suggestions disposition in person in the Dockets airport and to provide adequate presented are particularly helpful in Office between 9 a.m. and 5 p.m., controlled airspace for diverse developing reasoned regulatory Monday through Friday, except Federal departures. The radius of this airspace decisions on the proposal. Comments holidays. The Docket Office (telephone area is increased from a 6.7 to 7.2 miles are specifically invited on the overall 1–800–647–5527) is on the plaza level and all extensions are eliminated. The regulatory, aeronautical, economic, of the Department of Transportation Hastings VOR/DME is added to the legal environmental, and energy-related NASSIF Building at the above address. description for the Class E area aspects of the proposal. FOR FURTHER INFORMATION CONTACT: designated as a surface area and the Communications should identify both Brenda Mumper, Air Traffic Division, Hastings Municipal Airport ARP is docket numbers and be submitted in Airspace Branch, ACE–520A, DOT corrected in both legal descriptions. triplicate to the address listed above. Regional Headquarters Building, Federal These modifications provide controlled Commenters wishing the FAA to Aviation Administration, 901 Locust, airspace of appropriate dimensions to acknowledge receipt of their comments

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63062 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

on this notice must submit with those ACE NE E2 Hastings, NE DATES: This direct final rule is effective comments a self-addressed, stamped Hastings Municipal Airport, NE on 0901 UTC, January 20, 2005. postcard on which the following (Lat. 40°36′19″ N., long. 98°25′40″ W.) FOR FURTHER INFORMATION CONTACT: statement is made: ‘‘Comments to Hastings VOR/DME Docket No. FAA–2004–19330/Airspace (Lat. 40°36′16″ N., long. 98°25′47″ W.) Kathy Randolph, Air Traffic Division, Docket No. 04–ACE–59.’’ The postcard Within a 4.7-mile radius of Hastings Airspace Branch, ACE–520C, DOT will be date/time stamped and returned Municipal Airport; and within 2.4 miles each Regional Headquarters Building, Federal ° to the commenter. side of the Hastings VOR/DME 137 radial Aviation Administration, 901 Locust, extending from the 4.7-mile radius of the Kansas City, MO 64106; telephone (816) Agency Findings airport to 7 miles southeast of the VOR/DME; 329–2525. The regulations adopted herein will and within 2.4 miles each side of the Hastings VOR/DME 219° radial extending SUPPLEMENTARY INFORMATION: not have a substantial direct effect on from the 4.7-mile radius of the airport to 7 the States, on the relationship between miles southwest of the VOR/DME; and History the national Government and the States, within 1.8 miles each side of the 330° bearing or on the distribution of power and from the Hastings Municipal Airport Federal Register Document 04–23387, responsibilities among the various extending from the 4.7-mile radius to 5.6 published on Tuesday, October 19, levels of government. Therefore, it is miles northwest of the airport. This Class E 2004, (69 FR 61439) modified the Class determined that this final rule does not airspace area is effective during the specific E airspace area designated as a surface have federalism implications under dates and times established in advance by a area and the Class E airspace area Executive Order 13132. Notice to Airmen. The effective date and time extending upward from 700 feet above The FAA has determined that this will thereafter be continuously published in the airport/Facility Directory. the surface at Dodge City, KS. The regulation is noncontroversial and modification corrected discrepancies in * * * * * unlikely to result in adverse or negative the Dodge City Regional Airport airport comments. For the reasons discussed in Paragraph 6005 Class E airspace areas reference point used in the legal the preamble, I certify that this extending upward from 700 feet or more descriptions, corrected the airspace regulation (1) is not a ‘‘significant above the surface of the earth. dimensions to protect for diverse regulatory action’’ under Executive * * * * * departures, established an extension to Order 12866; (2) is not a ‘‘significant ACE NE E5 Hastings, NE the airspace area extending upward rule’’ under Department of from 700 feet above the surface and Transportation (DOT) Regulatory Hastings Municipal Airport, NE ° ′ ″ ° ′ ″ brought the legal descriptions of the Policies and Procedures (44 FR 11034, (Lat. 40 36 19 N., long. 98 25 40 W.) February 26, 1979); and (3) if That airspace extending upward from 700 Dodge City, KS Class E airspace areas promulgated, will not have a significant feet above the surface within a 7.2-mile into compliance with FAA Orders radius of Hastings Municipal Airport. economic impact, positive or negative, 7400.2E, Procedures for Handling on a substantial number of small entities * * * * * Airspace Matters, and 8260.19C, Flight under the criteria of the Regulatory Issued in Kansas City, MO on October 19, Procedures and Airspace. However, Flexibility Act. 2004. there was a typographical error in the Paul J. Sheridan, legal description for the Class E airspace List of Subjects in 14 CFR Part 71 Area Director, Western Flight Services area extending upward from 700 feet Airspace, Incorporation by reference, Operations. above the surface. Navigation (air). [FR Doc. 04–24264 Filed 10–28–04; 8:45 am] I Accordingly, pursuant to the authority Adoption of the Amendment BILLING CODE 4910–13–M delegated to me, the legal description of I Accordingly, the Federal Aviation the Class E airspace area extending Administration amends 14 CFR part 71 DEPARTMENT OF TRANSPORTATION upward from 700 feet above the surface as follows: at Dodge City, KS, as published in the Federal Aviation Administration Federal Register on Tuesday, October PART 71—DESIGNATION OF CLASS A, 19, 2004, (69 FR 61439) [FR Doc. 04– CLASS B, CLASS C, CLASS D, AND 14 CFR 71 23387] is corrected as follows: CLASS E AIRSPACE AREAS; [Docket No. FAA–2004–19325; Airspace AIRWAYS; ROUTES; AND REPORTING PART 71—[CORRECTED] POINTS Docket No. 04–ACE–54] § 71.1 [Corrected] I 1. The authority citation for part 71 Modification of Class E Airspace; continues to read as follows: Dodge City, KS I On page 61440, Column 2, fourth paragraph, third line from the bottom, Authority: 49 U.S.C. 106(g), 40103, 40113, AGENCY: Federal Aviation change ‘‘6.8’’ to read ‘‘6.7’’. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Administration (FAA), DOT. 1963 Comp., p. 389. ACTION: Direct final rule; request for Issued in Kansas City, MO on October 19, § 71.1 [Amended] comments; correction. 2004. I 2. The incorporation by reference in 14 Paul J. Sheridan, SUMMARY: This action corrects a direct CFR 71.1 of Federal Aviation Area Director, Western Flight Services final rule; request for comments that Administration Order 7400.9M, dated Operations. was published in the Federal Register August 30, 2004, and effective [FR Doc. 04–24265 Filed 10–28–04; 8:45 am] on Tuesday, October 19, 2004, (69 FR September 16, 2004, is amended as BILLING CODE 4910–13–M 61439) [FR Doc. 04–23387]. It corrects follows: an error in the legal description of the Paragraph 6002 Class E Airspace Class E airspace area extending upward Designated as Surface Areas. from 700 feet above the surface at Dodge * * * * * City, KS.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63063

DEPARTMENT OF TRANSPORTATION ARP used in the legal description for arguments, as they made desire. this Class E airspace area is incorrect Comments that provide the factual basis Federal Aviation Administration and that the airspace area does not supporting the views and suggestions comply with airspace requirements for presented are particularly helpful in 14 CFR Part 71 diverse departures as set forth in FAA developing reasoned regulatory [Docket No. FAA–2004–19333; Airspace Order 7400.2E, Procedures for Handling decisions on the proposal. Comments Docket No. 04–ACE–62] Airspace Matters. The examination also are specifically invited on the overall revealed that the Class E airspace area regulatory, aeronautical, economic, Modification of Class E Airspace; extension is no longer required in order environmental, and energy-related for the airspace area to comply with Warrensburg, MO aspects of the proposal. airspace requirements in FAA Orders Communications should identify both AGENCY: Federal Aviation 7400.2E, and 8260.19C, Flight Administration (FAA), DOT. Procedures and Airspace. This action docket numbers and be submitted in ACTION: Direct final rule; request for expands the Warrensburg, MO Class E triplicate to the address listed above. comments. airspace area extending upward from Commenters wishing the FAA to 700 feet above the surface from a 6-mile acknowledge receipt of their comments SUMMARY: This action amends Title 14 radius to a 7-mile radius of Skyhaven on this notice must submit with those Code of Federal Regulations, part 71 (14 Airport, corrects the ARP in the legal comments a self-addressed, stamped CFR 71) by revising Class E airspace at description, deletes the airspace postcard on which the following Warrensburg, MO. A review of the Class extension and brings the legal statement is made: ‘‘Comments to E airspace area extending upward from description of the airspace area into Docket No. FAA–2004–19333/Airspace 700 feet above the surface at compliance with FAA Orders 7400.2E Docket No. 04–ACE–62.’’ The postcard Warrensburg, MO revealed it does not and 8620.19C. This area will be will be date/time stamped and returned reflect the current Skyhaven Airport depicted on appropriate aeronautical to the commenter. airport reference point (APR) and is not charts. Class E airspace areas extending in compliance with established airspace upward from 700 feet or more above the Agency Findings criteria. This airspace area in enlarged surface of the earth are published in The regulations adopted herein will and modified to conform to FAA paragraph 6005 of FAA Order 7400.9M, not have a substantial direct effect on Orders. Airspace Designations and Reporting the States, on the relationship between DATES: This direct final rule is effective Points, dated August 30, 2004, and on 0901 UTC, January 20, 2005. effective September 16, 2004, which is the national Government and the States, Comments for inclusion in the Rules incorporated by reference in 14 CFR or on the distribution of power and Docket must be received on or before 71.1. The Class E airspace designation responsibilities among the various November 30, 2004. listed in this document will be levels of government. Therefore, it is determined that this final rule does not ADDRESSES: Send comments on this published subsequently in the Order. have federalism implications under proposal to the Docket Management The Direct Final Rule Procedure System, U.S. Department of Executive Order 13132. Transportation, Room Plaza 401, 400 The FAA anticipates that this The FAA has determined that this regulation will not result in adverse or Seventh Street, SW., Washington, DC regulation is noncontroversial and negative comment and, therefore, is 20590–0001. You must identify the unlikely to result in adverse or negative issuing it as a direct final rule. Previous docket number FAA–2004–19333/ actions of this nature have not been comments. For the reasons discussed in Airspace Docket No. 04–ACE–62, at the controversial and have not resulted in the preamble, I certify that this beginning of your comments. You may adverse comments or objections. Unless regulation (1) is not a ‘‘significant also submit comments on the Internet at a written adverse or negative comment, regulatory action’’ under Executive http://dms.dot.gov. You may review the or a written notice of intent to submit Order 12866; (2) is not a ‘‘significant public docket containing the proposal, an adverse or negative comment is rule’’ under Department of any comments received, and any final received within the comment period, Transportation (DOT) Regulatory disposition in person in the Dockets the regulation will become effective on Policies and Procedures (44 FR 11034, Office between 9 a.m. and 5 p.m., the date specified above. After the close February 26, 1979); and (3) if Monday through Friday, except Federal of the comment period, the FAA will promulgated, will not have a significant holidays. The Docket Office (telephone publish a document in the Federal economic impact, positive or negative, 1–800–647–5527) is on the plaza level Register indicating that no adverse or on a substantial number of small entities of the Department of Transportation negative comments were received and NASSIF Building at the above address. under the criteria of the Regulatory confirming the date on which the final FlexibilityAct. FOR FURTHER INFORMATION CONTACT: rule will become effective. If the FAA Brenda Mumper, Air Traffic Division, does receive, within the comment List of Subjects in 14 CFR Part 71 Airspace Branch, ACE–520A, DOT period, an adverse or negative comment, Regional Headquarters Building, Federal Airspace, Incorporation by reference, or written notice of intent to submit Navigation (air). Aviation Administration, 901 Locust, such a comment, a document Kansas City, MO 64106; telephone: withdrawing the direct final rule will be Adoption of the Amendment (816) 329–2524. published in the Federal Register, and SUPPLEMENTARY INFORMATION: This a notice of proposed rulemaking may be I Accordingly, the Federal Aviation amendment to 14 CFR 71 modifies the published with a new comment period. Administration amends 14 CFR part 71 Class E airspace area extending upward as follows: from 700 feet above the surface at Comments Invited Warrensburg, MO. An examination of Interested parties are invited to controlled airspace for Warrensburg, participate in this rulemaking by MO revealed that the Skyhaven Airport submitting such written data, views, or

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63064 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

PART 71—DESIGNATION OF CLASS A, List of Subjects in 32 CFR Part 1910 year. In the event of inclement weather, CLASS B, CLASS C, CLASS D, AND Debarment and suspension the alternate date is July 5th. CLASS E AIRSPACE AREAS; procedures. DATES: This rule is effective: November AIRWAYS; ROUTES; AND REPORTING 29, 2004. I For the reasons stated in the preamble, POINTS ADDRESSES: Comments and material the Central Intelligence Agency adds 32 received from the public, as well as I 1. The authority citation part 71 CFR Part 1910 as follows: continues to read as follows: documents indicated in this preamble as PART 1910—DEBARMENT AND being available in the docket are part of Authority: 49 U.S.C. 106(g), 40103, 40113, SUSPENSION PROCEDURES docket CGD05–04–052 and are available 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– for inspection or copying at the 1963 Comp., p. 389. Sec. Commander (obr), Fifth Coast Guard § 71.1 [Amended] 1910.1 General. District, Federal Building, 4th Floor, 431 I 2. The incorporation by reference 14 Authority: 50 U.S.C. 401–442; 50 U.S.C. Crawford Street, Portsmouth, Virginia CFR 71.1 of Federal Aviation 403a–403u; 48 CFR ch. 1, subpart 9.4. 23704–5004, between 8 a.m. and 4 p.m., Administration Order 7400.9M, dated Monday through Friday, except Federal § 1910.1 General. holidays. August 30, 2004, and effective The Central Intelligence Agency September 16, 2004, is amended as FOR FURTHER INFORMATION CONTACT: Gary (CIA), in accordance with its authorities S. Heyer, Bridge Management Specialist, follows: under the Central Intelligence Agency * * * * * Fifth Coast Guard District, at (757) 398– Act of 1949, as amended, and the 6227. National Security Act of 1947, as Paragraph 6005 Class E airspace areas SUPPLEMENTARY INFORMATION: extending upward from 700 feet or more amended, has an established debarment above the surface of the earth. and suspension process in accordance Regulatory History * * * * * with subpart 9.402(d) of the Federal On May 17, 2004, we published a Acquisition Regulation (FAR). This ACE MO E5 Warrensburg, MO notice of proposed rulemaking (NPRM) process and the causes for debarment entitled ‘‘Drawbridge Operation Warrensburg, Skyhaven Airport, MO and suspension are consistent with ° ′ ″ ° ′ ″ Regulations; Spa Creek, Annapolis, MD’’ (Lat. 38 47 03 N., long 93 48 10 W.) those found in FAR 9.406 and 9.407. That airspace extending upward from 700 in the Federal Register (69 FR 27870). The rights of CIA contractors in all We received no comments on the feet above the surface within a 7-mile radius matters involving debarment and of Skyhaven Airport. proposed rule. No public meeting was suspension are hereby governed by the requested or held. * * * * * provisions of subpart 9.4 of the FAR. Issued in Kansas City, MO, on October 21, Dated: October 14, 2004. Background and Purpose 2004. Edmund Cohen, The City of Annapolis Recreation and Elizabeth S. Wallis, Director of Information Management Services, Parks Department (the Department) on Acting Area Director, Western Flight Services Office of the Chief Information Officer. behalf of Maryland Department of Operations. [FR Doc. 04–24218 Filed 10–28–04; 8:45 am] Transportation, who owns and operates [FR Doc. 04–24260 Filed 10–28–04; 8:45 am] BILLING CODE 6310–02–P the S181 Bridge, requested a change to BILLING CODE 4910–13–M the operating regulations set out in 33 CFR 117.571. In accordance with 33 117.37(a) for DEPARTMENT OF HOMELAND reason of public safety or for public CENTRAL INTELLIGENCE AGENCY SECURITY functions, the District Commander may Coast Guard authorize the opening and closing of a 32 CFR Part 1910 drawbridge for a specified period of time. Debarment and Suspension 33 CFR Part 117 Due to the high volume of spectators Procedures [CGD05–04–052] that attend this annual event, it is AGENCY: Central Intelligence Agency. necessary to close the draw span to RIN 1625–AA09 vessels between the hours of 8:30 p.m. ACTION: Final rule. Drawbridge Operation Regulation; Spa to 11 p.m. to help expedite exiting SUMMARY: In accordance with its Creek, Annapolis, MD vehicular traffic from the City of statutory procurement authorities, the Annapolis after the fireworks display. Central Intelligence Agency (CIA) has AGENCY: Coast Guard, DHS. This will reduce vehicular traffic established a policy whereby the rights ACTION: Final rule. congestion and increase public safety. of CIA contractors in all matters Under this rule, the S181 Bridge will involving debarment and suspension SUMMARY: The Coast Guard is changing be allowed to remain in the closed will be governed by the debarment and the regulations that govern the operation position to vessels from 8:30 p.m. to 11 suspension provisions of the Federal of the S181 Bridge, mile 0.4, across Spa p.m. on July 4th, of every year. In the Acquisition Regulation. Creek, at Annapolis, Maryland. These event of inclement weather, the regulations are necessary to facilitate alternate date is July 5th. DATES: Effective October 29, 2004. public safety and expedite vehicular Since the Annapolis Fireworks FOR FURTHER INFORMATION CONTACT: traffic from the City of Annapolis after Display is a well-known annual event, Harvy P. Cooper, Legal Staff, Office of the annual firework display. This and it is publicly advertised, vessel the Chief Information Officer, Central change to the drawbridge operation operators can arrange their transits to Intelligence Agency, telephone 703– schedule will allow the S181 Bridge to minimize any impact caused by the 613–1287. remain in the closed position from 8:30 closure. Vessels with a mast height less SUPPLEMENTARY INFORMATION: None. p.m. to 11 p.m. on July 4th, of every than 15 feet at high water can still

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63065

transit the bridge in the closed position could better evaluate its effects on them because it would not have a substantial during this event. and participate in the rulemaking direct effect on one or more Indian process. No assistance was asked for, or tribes, on the relationship between the Discussion of Comments and Changes given to assist Small Entities. Federal Government and Indian tribes, The Coast Guard received no or on the distribution of power and Collection of Information comments on the NPRM for the Spa responsibilities between the Federal Creek Bridge and no changes are being This rule calls for no new collection Government and Indian tribes. made to this final rule. of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– Energy Effects Regulatory Evaluation 3520). We have analyzed this final rule This rule is not a ‘‘significant under Executive Order 13211, Actions regulatory action’’ under section 3(f) of Federalism Concerning Regulations That Executive Order 12866, Regulatory A rule has implications for federalism Significantly Affect Energy Supply, Planning and Review, and does not under Executive Order 13132, Distribution, or Use. We have require an assessment of potential costs Federalism, if it has a substantial direct determined that it is not a ‘‘significant and benefits under section 6(a)(3) of that effect on State or local governments and energy action’’ under that order because Order. The Office of Management and would either preempt State law or it is not a ‘‘significant regulatory action’’ Budget has not reviewed it under that impose a substantial direct cost of under Executive Order 12866 and is not Order. It is not ‘‘significant’’ under the compliance on them. We have analyzed likely to have a significant adverse effect regulatory policies and procedures of this final rule under that Order and have on the supply, distribution, or use of the Department of Homeland Security determined that it does not have energy. The Administrator of the Office (DHS). implications for federalism. of Information and Regulatory Affairs We expect the economic impact of Unfunded Mandates Reform Act has not designated it as a significant this rule to be so minimal that a full energy action. Therefore, it does not Regulatory Evaluation under the The Unfunded Mandates Reform Act require a Statement of Energy Effects regulatory policies and procedures of of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211. DHS is unnecessary. Federal agencies to assess the effects of This conclusion was based on the fact their discretionary regulatory actions. In Technical Standards that this final rule will have a very particular, the Act addresses actions The National Technology Transfer limited impact on maritime traffic that may result in the expenditure by a and Advancement Act (NTTAA) (15 transiting this area. Since Spa Creek will State, local, or tribal government, in the U.S.C. 272 note) directs agencies to use remain open to navigation during this aggregate, or by the private sector of voluntary consensus standards in their event, mariners with mast height less $100,000,000 or more in any one year. regulatory activities unless the agency than 15 feet may still transit through the Though this final rule will not result in provides Congress, through the Office of S181 Bridge. such expenditure, we do discuss the Management and Budget, with an effects of this rule elsewhere in this explanation of why using these Small Entities preamble. standards would be inconsistent with Under the Regulatory Flexibility Act applicable law or otherwise impractical. Taking of Private Property (5 U.S.C. 601–612), we have considered Voluntary consensus standards are whether this rule would have a This rule would not affect a taking of technical standards (e.g., specifications significant economic impact on a private property or otherwise have of materials, performance, design, or substantial number of small entities. taking implications under Executive operation; test methods; sampling The term ‘‘small entities’’ comprises Order 12630, Governmental Actions and procedures; and related management small businesses, not-for-profit Interference with Constitutionally systems practices) that are developed or organizations that are independently Protected Property Rights. adopted by voluntary consensus owned and operated and are not Civil Justice Reform standards bodies. dominant in their fields, and This final rule does not use technical governmental jurisdictions with This final rule meets applicable standards. Therefore, we did not populations of less than 50,000. standards in section 3(a) and 3(b)(2) of consider the use of voluntary consensus The Coast Guard certifies under 5 Executive Order 12988, Civil Justice standards. U.S.C. 605(b) that this rule will not have Reform, to minimize litigation, a significant economic impact on a eliminate ambiguity, and reduce Environment substantial number of small entities. burden. We have analyzed this rule under This final rule will not have a Commandant Instruction M16475.lD, Protection of Children significant economic impact on a which guides the Coast Guard in substantial number of small entities We have analyzed this rule under complying with the National because even though the rule closes the Executive Order 13045, Protection of Environmental Policy Act of 1969 S181 Bridge to mariners, those with Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and mast height of less than the 15 feet at Risks and Safety Risks. This rule is not have concluded that there are no factors high water can still transit through the an economically significant rule and in this case that would limit the use of bridge during the closed hours. There would not create an environmental risk a categorical exclusion under section are no alternate routes. to health or risk to safety that might 2.B.2 of the Instruction. Therefore, this disproportionately affect children. rule is categorically excluded, under Assistance for Small Entities Indian Tribal Governments figure 2–1, paragraph (32)(e) of the Under section 213(a) of the Small Instruction, from further environmental Business Regulatory Enforcement This final rule does not have tribal documentation. Fairness Act of 1996 (Public Law 104– implications under Executive Order 121), we offered to assist small entities 13175, Consultation and Coordination List of Subjects in 33 CFR Part 117 in understanding the rule so that they with Indian Tribal Governments, Bridges.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63066 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

Regulations commits the NCTCOG to provide the weekdays except for legal holidays. Dallas-Fort Worth International Airport Special arrangements should be made I For the reasons discussed in the with emissions offsets in the amount of for deliveries of boxed information. preamble, the Coast Guard amends 33 0.18 tons per day (tpd) of nitrogen Instructions: Direct your comments to CFR part 117 as follows: oxides (NOX) and 0.04 tpd of volatile RME ID No. R06–OAR–2004–TX–0002. PART 117—DRAWBRIDGE organic compounds (VOCs) in 2007 and EPA’s policy is that all comments OPERATION REGULATIONS to adjust the modeled 2015 on-road received will be included in the public emission estimates to reflect an increase file without change and may be made I 1. The authority citation for part 117 of 1.17 tpd of NOX and 0.26 tpd of available online at http:// continues to read as follows: VOCs, which must be accommodated in docket.epa.gov/rmepub/, including any Authority: 33 U.S.C. 499, Department of future transportation conformity personal information provided, unless Homeland Security Delegation No. 0170.1; 33 determinations. This action is necessary the comment includes information CFR 1.05–1(g); section 117.255 also issued in order for the Federal Aviation claimed to be Confidential Business under the authority of Pub. L. 102–587, 106 Administration (FAA) to address Information (CBI) or other information Stat. 5039. requirements under the general the disclosure of which is restricted by I conformity regulations. statute. Do not submit information 2. Amend § 117.571 by revising through Regional Materials in EDocket paragraph (c) to read as follows: DATES: This rule is effective on December 28, 2004 without further (RME), regulations.gov or e-mail if you § 117.571 Spa Creek. notice, unless EPA receives adverse believe that it is CBI or otherwise * * * * * comment by November 29, 2004. If EPA protected from disclosure. The EPA (c) On Saturdays, Sundays, and receives such comment, EPA will RME Web site and the federal regulations.gov website are ‘‘anonymous holidays year-round, the draw shall publish a timely withdrawal in the access’’ systems, which means EPA will open on the hour and half-hour for Federal Register informing the public not know your identity or contact vessels waiting to pass. Except on July that this rule will not take effect. information unless you provide it in the 4th of every year from 8:30 p.m. to 11 ADDRESSES: Submit your comments, p.m., the draw need not open for body of your comment. If you send an identified by Regional Materials in e-mail comment directly to EPA without vessels, and in the event of inclement EDocket (RME) ID No. R06–OAR–2004– weather, the alternate date is July 5th. going through RME or regulations.gov, TX–0002, by one of the following your e-mail address will be Dated: October 18, 2004. methods: automatically captured and included as • Sally Brice-O’Hara, Federal eRulemaking Portal: http:// part of the comment that is placed in the Rear Admiral, U.S. Coast Guard, Commander, www.regulations.gov. Follow the on-line public file and made available on the Fifth Coast Guard District. instructions for submitting comments. Internet. If you submit an electronic • [FR Doc. 04–24254 Filed 10–28–04; 8:45 am] Agency Web site: http:// comment, EPA recommends that you BILLING CODE 4910–15–P docket.epa.gov/rempub/. Regional include your name and other contact Materials in EDocket (RME), EPA’s information in the body of your electronic public docket and comment comment and with any disk or CD-ROM ENVIRONMENTAL PROTECTION system, is EPA’s preferred method for you submit. If EPA cannot read your AGENCY receiving comments. Once in the comment due to technical difficulties system, select ‘‘quick search,’’ then key and cannot contact you for clarification, 40 CFR Part 52 in the appropriate RME Docket EPA may not be able to consider your identification number. Follow the comment. Electronic files should avoid [R06–OAR–2004–TX–0002; FRL–7830–8] online instructions for submitting the use of special characters and any comments. Approval and Promulgation of form of encryption, and should be free • EPA Region 6 ‘‘Contact Us’’ Web Implementation Plans; Texas; of any defects or viruses. site: http://epa.gov/region6/ Memorandum of Agreement Between Docket: All documents in the r6comment.htm. Please click on ‘‘6PD’’ Texas Council on Environmental electronic docket are listed in the (Multimedia) and select ‘‘Air’’ before Quality and the North Central Texas Regional Materials in EDocket (RME) submitting comments. Council of Governments Providing index at http://docket.epa.gov/rempub/. • E-mail: Mr. Thomas Diggs at Emissions Offsets to Dallas Fort Worth Although listed in the index, some [email protected]. Please also send International Airport information is not publicly available, a copy by email to the person listed in i.e., CBI or other information whose AGENCY: Environmental Protection the FOR FURTHER INFORMATION CONTACT disclosure is restricted by statute. Agency (EPA). section below. Certain other material, such as • ACTION: Direct final rule. Fax: Mr. Thomas Diggs, Chief, Air copyrighted material, is not placed on Planning Section (6PD–L), at fax the Internet and will be publicly SUMMARY: EPA is taking direct final number (214) 665–7263. available only in hard copy form. action approving a State • Mail: Mr. Thomas Diggs, Chief, Air Publicly available materials relevant to Implementation Plan (SIP) revision Planning Section (6PD–L), this rulemaking are available either submitted by the Texas Commission on Environmental Protection Agency, 1445 electronically in RME or in the official Environmental Quality (TCEQ) on Ross Avenue, Suite 1200, Dallas, Texas file, which is available at the Air February 23, 2004. This revision 75202–2733. Planning Section (6PD–L), concerns the Dallas/Fort Worth ozone • Hand or Courier Delivery: Mr. Environmental Protection Agency, 1445 nonattainment area. Specifically, EPA is Thomas Diggs, Chief, Air Planning Ross Avenue, Suite 700, Dallas, Texas approving incorporation of a Section (6PD–L), Environmental 75202–2733. The file will be made Memorandum of Agreement (MOA) Protection Agency, 1445 Ross Avenue, available by appointment for public between the TCEQ and the North Suite 1200, Dallas, Texas 75202–2733. inspection in the Region 6 FOIA Review Central Texas Council of Governments Such deliveries are accepted only Room between the hours of 8:30 a.m. (NCTCOG) into the SIP. This MOA between the hours of 8 a.m. and 4 p.m. and 4:30 p.m. weekdays except for legal

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63067

holidays. Contact the person listed in These projects include construction of a Metropolitan Transportation Plan for the FOR FURTHER INFORMATION CONTACT new terminal (Terminal F), addition of the year 2015, for which the total paragraph below or Mr. Bill Deese at a new cargo complex, improvement of estimated emissions cannot exceed the (214) 665–7253 to make an airport parking, changes to current emissions cap set by the motor vehicle appointment. If possible, please make operating restrictions of existing emissions budget for that year. These the appointment at least two working terminal facilities, and other related emission reduction commitments are days in advance of your visit. There will projects included in the DFW Airport intended to assist the FAA in making a be a 15 cent per page fee for making Master Plan. general conformity determination for photocopies of documents. On the day The DFW area is a nonattainment area the planned airport expansion projects of the visit, please check in at the EPA for the air pollutant ozone, and is associated with construction of Region 6 reception area at 1445 Ross operating under a State Implementation Terminal F. (Note that although the Avenue, Suite 700, Dallas, Texas. Plan (SIP) to control the emissions of conformity analysis will be conducted The State submittal is also available NOX and VOCs, which are ozone for 2007, the reductions that are the for public inspection at the State Air precursor pollutants. Under the Federal source of the offsets will be continuing Agency listed below during official (40 CFR part 51) and Texas (30 TAC in nature over the relevant time period business hours by appointment: 101.30) general conformity rules, certain and will not be relied on for other Texas Commission on Environmental types of Federal actions require a purposes or for other years. Details on Quailty, Office of Air Quality, 12124 determination as to whether the total the emission reduction measures are Park 35 Circle, Austin, Texas 78753. emissions from the action conform with available in the Technical Support FOR FURTHER INFORMATION CONTACT: the applicable SIP, unless the resultant Document associated with this action.) Peggy Wade, Air Planning Section emissions are expected to be below the (6PD–L), Environmental Protection de minimis levels identified in the III. What Is the Effect of This Action? Agency, Region 6, 1445 Ross Avenue, Clean Air Act (40 CFR 51.853(b)(1)). The EPA intends to take direct final action Suite 700, Dallas, Texas 75202–2733, de minimis level for the DFW one-hour approving this SIP revision providing telephone (214) 665–7247; fax number nonattainment area is 50 tons per year. emission reduction offsets for 2007 and (214) 665–7263; e-mail address The applicable SIP, in this case, is the a commitment that the NCTCOG will [email protected]. 15% ROP SIP conditionally approved account for expected project emissions by EPA on November 10, 1998 (63 FR SUPPLEMENTARY INFORMATION: in 2015 as part of its Metropolitan 62943). Transportation Plan. These emission Throughout this document, whenever Based on submitted estimates of ‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, we mean reduction commitments will assist the direct and indirect NOX and VOC the EPA. FAA in making a conformity emissions resulting from these projects, determination for certain projects emissions are expected to exceed the de Outline included in the DFW Airport Master minimis level of 50 tons per year during Plan. I. What Action is EPA Taking? some of the project years. During the II. Why Was this SIP Revision Submitted? The general conformity rules require III. What is the Effect of this Action? one-hour attainment year of 2007, only NO estimates exceed this level (0.18 these measures to be enforceable under IV. Final Action X both state and Federal law (40 CFR V. Statutory and Executive Order Reviews NOX tpd or 65.7 NOX tpy), but in the peak operation year of 2015 both 51.860(g)). Upon the effective date of I. What Action Is EPA Taking? precursor pollutants are expected to our action, these measures will be federally enforceable. The MOA On January 14, 2004, the TCEQ exceed the de minimis level (1.16 NOX adopted a Memorandum of Agreement tpd and 0.26 tpd VOC). As a result a between TCEQ and the RTC was (MOA) between the Commission and general conformity determination by the adopted by the state on January 14, 2004 the NCTCOG’s Regional Transportation FAA is required. The conformity and was incorporated in the State Council (RTC). At the same time, TCEQ regulations provide several options to Implementation Plan for the DFW ozone adopted a revision to the Texas SIP to meet this requirement. One option is to nonattainment area on that same day. incorporate this MOA into it. This MOA establish enforceable measures which Thus, these measures are already commits the RTC to provide the Dallas- offset the expected emissions from the enforceable by state law. Fort Worth International Airport with project. IV. Final Action emissions offsets in the amount of 0.18 The DFWIA worked with the Regional EPA is approving the revision to the tpd of NOX and 0.04 tpd of VOCs in Transportation Council in 2002 to 2007 and to adjust the modeled 2015 identify emission reduction measures to DFW ozone SIP providing emission on-road mobile source emissions be used to offset the emissions reduction offsets to DFW International estimates by an increase of 1.17 tpd and associated with these airport expansion Airport for the year 2007 and a commitment that the NCTCOG will 0.26 tpd of NOX and VOCs, respectively, projects. On December 12, 2002, the in future transportation conformity RTC resolved to implement emission account for expected emissions from demonstrations. reduction measures to provide offsets certain improvement projects planned EPA is taking direct final action to for use by the DFWIA to meet general for DFWIA in 2015 as part of its approve the incorporation of this MOA conformity requirements for the year Metropolitan Transportation Plan. into the DFW SIP. 2007. At a minimum, these measures We have evaluated the State’s will offset the 0.18 tpd of NOX and 0.04 submittal and have determined that it II. Why Was This SIP Revision tpd of VOCs that are expected to be meets the applicable requirements of the Submitted? generated in 2007 by the Terminal F Clean Air Act and EPA conformity The Dallas-Fort Worth International projects. In addition, the RTC resolved regulations, and is consistent with EPA Airport (DFWIA) notified the TCEQ and to provide emission reductions in the policy. Therefore, we are approving the EPA of upcoming aviation projects amount of 1.17 tpd of NOX and 0.26 tpd request of TCEQ to revise the SIP for the which would trigger the need for a of VOCs for the year 2015. This will be DFW ozone nonattainment area to general conformity determination by the accomplished by incorporating these incorporate this MOA between TCEQ Federal Aviation Administration (FAA). expected emissions into the and the Regional Transportation

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63068 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

Council of the North Central Texas Unfunded Mandates Reform Act of 1995 copy of the rule, to each House of the Council of Governments. (Public Law 104–4). Congress and to the Comptroller General EPA is publishing this rule without This rule also does not have tribal of the United States. EPA will submit a prior proposal because we view this as implications because it will not have a report containing this rule and other a noncontroversial amendment and substantial direct effect on one or more required information to the U.S. Senate, anticipate no adverse comments. Indian tribes, on the relationship the U.S. House of Representatives, and However, in the proposed rules section between the Federal Government and the Comptroller General of the United of this Federal Register publication, we Indian tribes, or on the distribution of States prior to publication of the rule in are publishing a separate document that power and responsibilities between the the Federal Register. A major rule will serve as the proposal to approve the Federal Government and Indian tribes, cannot take effect until 60 days after it SIP revision if adverse comments are as specified by Executive Order 13175 is published in the Federal Register. received. This rule will be effective on (65 FR 67249, November 9, 2000). This This action is not a ‘‘major rule’’ as December 28, 2004 without further action also does not have Federalism defined by 5 U.S.C. 804(2). notice unless we receive adverse implications because it does not have Under section 307(b)(1) of the Clean comment by November 29, 2004. If we substantial direct effects on the States, Air Act, petitions for judicial review of receive adverse comments, we will on the relationship between the national this action must be filed in the United publish a timely withdrawal in the government and the States, or on the States Court of Appeals for the Federal Register informing the public distribution of power and appropriate circuit by December 28, that the rule will not take effect. We will responsibilities among the various 2004. Filing a petition for address all public comments in a levels of government, as specified in reconsideration by the Administrator of subsequent final rule based on the Executive Order 13132 (64 FR 43255, this final rule does not affect the finality proposed rule. We will not institute a August 10, 1999). This action merely of this rule for the purposes of judicial second comment period on this action. approves a state rule implementing a review nor does it extend the time Any parties interested in commenting Federal standard, and does not alter the within which a petition for judicial must do so now. Please note that if we relationship or the distribution of power review may be filed, and shall not receive adverse comment on an and responsibilities established in the postpone the effectiveness of such rule amendment, paragraph, or section of Clean Air Act. This rule also is not or action. This action may not be this rule and if that provision may be subject to Executive Order 13045 challenged later in proceedings to severed from the remainder of the rule, ‘‘Protection of Children from enforce its requirements. (See section we may adopt as final those provisions Environmental Health Risks and Safety 307(b)(2).) of the rule that are not the subject of an Risks’’ (62 FR 19885, April 23, 1997), adverse comment. because it is not economically List of Subjects in 40 CFR Part 52 significant. Environmental protection, Air V. Statutory and Executive Order In reviewing SIP submissions, EPA’s Reviews pollution control, Intergovernmental role is to approve state choices, relations, Nitrogen oxides, Ozone, Under Executive Order 12866 (58 FR provided that they meet the criteria of Reporting and recordkeeping 51735, October 4, 1993), this action is the Clean Air Act. In this context, in the requirements, Volatile organic not a ‘‘significant regulatory action’’ and absence of a prior existing requirement compounds. therefore is not subject to review by the for the State to use voluntary consensus Office of Management and Budget. For standards (VCS), EPA has no authority Dated: October 19, 2004. this reason, this action is also not to disapprove a SIP submission for Richard E. Greene, subject to Executive Order 13211, failure to use VCS. It would thus be Regional Administrator, Region 6. ‘‘Actions Concerning Regulations That inconsistent with applicable law for I 40 CFR part 52 is amended as follows: Significantly Affect Energy Supply, EPA, when it reviews a SIP submission, Distribution, or Use’’ (66 FR 28355, May to use VCS in place of a SIP submission PART 52—[AMENDED] 22, 2001). This action merely approves that otherwise satisfies the provisions of I state law as meeting Federal the Clean Air Act. Thus, the 1. The authority citation for part 52 requirements and imposes no additional requirements of section 12(d) of the continues to read as follows: requirements beyond those imposed by National Technology Transfer and Authority: 42 U.S.C. 7401 et seq. state law. Accordingly, the Advancement Act of 1995 (15 U.S.C. Administrator certifies that this rule 272 note) do not apply. This rule does Subpart SS—Texas will not have a significant economic not impose an information collection impact on a substantial number of small burden under the provisions of the I 2. In § 52.2270, the table in paragraph entities under the Regulatory Flexibility Paperwork Reduction Act of 1995 (44 (e) entitled ‘‘EPA approved Act (5 U.S.C. 601 et seq.). Because this U.S.C. 3501 et seq.). nonregulatory provisions and quasi- rule approves pre-existing requirements The Congressional Review Act, 5 regulatory measures’’ is amended by under state law and does not impose U.S.C. 801 et seq., as added by the Small adding one new entry to the end of the any additional enforceable duty beyond Business Regulatory Enforcement table to read as follows: that required by state law, it does not Fairness Act of 1996, generally provides contain any unfunded mandate or that before a rule may take effect, the § 52.2270 Identification of plan. significantly or uniquely affect small agency promulgating the rule must * * * * * governments, as described in the submit a rule report, which includes a (e) * * *

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63069

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP

State ap- Name of SIP provision Applicable geographic or proval/sub- EPA approval Comments nonattaintment area mittal date date

*******

Memorandum of Agreement between Texas Council on Envi- Dallas-Fort Worth ...... 01/14/04 10/29/04 ronmental Quality and the North Central Texas Council of Governments Providing Emissions Offsets to Dallas Forth Worth International Airport.

[FR Doc. 04–24127 Filed 10–28–04; 8:45 am] line instructions for submitting cannot read your comment due to BILLING CODE 6560–50–P comments. technical difficulties and cannot contact E-mail: [email protected]. you for clarification, EPA may not be Fax: (312) 886–5824. able to consider your comment. ENVIRONMENTAL PROTECTION Mail: You may send written Electronic files should avoid the use of AGENCY comments to: J. Elmer Bortzer, Chief, special characters, any form of Air Programs Branch, (AR–18J), encryption, and be free of any defects or 40 CFR Parts 52 Environmental Protection Agency, 77 viruses. For additional instructions on [R05–OAR–2004–IN–0002; FRL–7826–8] West Jackson Boulevard, Chicago, submitting comments, go to Section I of Illinois 60604. the SUPPLEMENTARY INFORMATION section Approval and Promulgation of Plan Hand delivery: Deliver your of the related proposed rule which is Revisions; Indiana comments to: J. Elmer Bortzer, Chief, published in the Proposed Rules section Air Programs Branch (AR–18J), U.S. of this Federal Register. AGENCY: Environmental Protection Environmental Protection Agency, Docket: All documents in the Agency (EPA). Region 5, 77 West Jackson Boulevard, electronic docket are listed in the ACTION: Direct final rule. 18th floor, Chicago, Illinois 60604. Such deliveries are only accepted Regional Materials in EDocket (RME) SUMMARY: The EPA is approving during the Regional Office’s normal index at http://www.epa.gov/edocket. Indiana’s February 10, 2004, and April hours of operation. The Regional Although listed in the index, some 12, 2004, submittal of a revision to its Office’s official hours of business are information is not publicly available, existing emission reporting rule to be Monday through Friday, 8:30 AM to i.e., Confidential Business Information consistent with the emission statement 4:30 PM excluding Federal holidays. (CBI) or other information whose program requirements for stationary Instructions: Direct your comments to disclosure is restricted by statute. sources in the Clean Air Act (CAA). On Regional Materials in Edocket (RME) ID Publicly available docket materials are April 12, 2004, Indiana submitted its No. R05–OAR–2004–IN–0002. EPA’s available either electronically in RME or final rule as published in the Indiana policy is that all comments received in hard copy at Environmental Register. Indiana held a public hearing will be included in the public docket Protection Agency, Region 5, Air and on the submittal on December 3, 2003. without change, including any personal Radiation Division, 77 West Jackson The rationale for the approval and other information provided, unless the Boulevard, Chicago, Illinois 60604. (We information are provided in this comment includes information claimed recommend that you telephone Charles rulemaking action. to be Confidential Business Information Hatten, Environmental Engineer, at DATES: This ‘‘direct final’’ rule is (CBI) or other information whose (312) 886–6031 before visiting the effective on December 28, 2004 unless disclosure is restricted by statute. Do Region 5 office.) This Facility is open EPA receives adverse written comments not submit information that you from 8:30 AM to 4:30 PM, Monday by November 29, 2004. If adverse consider to be CBI or otherwise through Friday, excluding legal comment is received, EPA will publish protected through Regional Material in holidays. a timely withdrawal of the rule in the Edocket (RME), regulations.gov, or e- FOR FURTHER INFORMATION CONTACT: Federal Register and inform the public mail. The EPA RME website and the Charles Hatten, Environmental that the rule will not take effect. federal regulations.gov website are Engineer, Criteria Pollutant Section, Air ADDRESSES: Submit comments, ‘‘anonymous access’’ systems, which Programs Branch (AR–18J), EPA Region identified by Regional Material in means EPA will not know your identity 5, 77 West Jackson Boulevard, Chicago, EDocket ID No. R05–OAR–2004–IN– or contact information unless you Illinois 60604, (312) 886–6031. 0002 by one of the following methods: provide it in the body of your comment. [email protected] Federal eRulemaking Portal: http:// If you send an e-mail comment directly www.regulations.gov. Follow the on-line to EPA without going through RME or SUPPLEMENTARY INFORMATION: instructions for submitting comments. regulations.gov, your e-mail address I. General Information Agency Web site: http:// will be automatically captured and A. Does This Action Apply to Me? docket.epa.gov/rmepub/index.jsp included as part of the comment that is B. How Can I Get Copies of This Document material in Edocket(RME), EPA’s placed in the public docket and made and Other Related Information? electronic public docket and connect available on the Internet. If you submit C. How and to Whom Do I Submit Comments? system, is EPA’s preferred method for an electronic comment, EPA II. What Is Required by the Clean Air Act and receiving comments. Once in the recommends that you include your How does It Apply to Indiana? system, select ‘‘quick search’’ then key name and other contact information in III. What Change Is Indiana Requesting? in the appropriate RME Docket the body of your comment and with any IV. Why Is This Request Approvable? identification number. Follow the on- disk or CD–ROM you submit. If EPA V. Statutory and Executive Order Review

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63070 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

I. General Information submitted electronically or in paper, SIPs by November 15, 1992, establishing will be made available for public this Emission Statement Program. A. Does This Action Apply to Me? viewing at the EPA Regional Office, as Facilities are required to submit their This rulemaking applies to stationary EPA receives them and without change, first emission statement within three point sources located in areas unless the comment contains years of promulgation of the CAA of designated nonattainment under subpart copyrighted material, CBI, or other 1990, and annually thereafter. If either 2 of part D of Title I of the CAA. This information whose disclosure is VOC or NOX is emitted at or above the requirement applies to all ozone restricted by statute. When EPA minimum reporting level that is nonattainment areas, regardless of identifies a comment containing established in its state Emission classification (Marginal, Moderate, etc.). copyrighted material, EPA will provide Statement Program, the other pollutant This rule requires sources to submit a reference to that material in the (NOX or VOC) from the same facility emission statement data to the Indiana version of the comment that is placed in should be included in the emission Department of Environmental the official public rulemaking file. The statement, even if the pollutant is Management (IDEM) on an annual basis. entire printed comment, including the emitted at levels below the minimum This emission data collected can help copyrighted material, will be available reporting level. the IDEM develop a complete and at the Regional Office for public Indiana’s Current SIP accurate emission inventory for air inspection. quality planning purposes at the State, On June 10, 1994, EPA approved rule and also meet emission reporting B. How and to Whom Do I Submit 2–6 of Title 326 of the Indiana requirements to EPA. Comments? Administrative Code (IAC), as meeting the ‘‘Emission Statement’’ program B. How Can I Get Copies of This You may submit comments requirements of section 182(a)(3)(B) of Document and Other Related electronically, by mail, or through hand the CAA. See 59 FR 29956. Under the Information? delivery/courier. To ensure proper receipt by EPA, identify the appropriate existing federally approved SIP for 1. The Regional Office has established rulemaking identification number by Indiana, the emission statement an electronic public rulemaking file including the text ‘‘Public comment on program requirements apply to available for inspection on EDOCKET proposed rulemaking Region 5 in stationary sources in ozone and a hard copy file which is available Regional Material in EDocket ‘‘R05– nonattainment areas. In Indiana, this for inspection at the Regional Office. OAR–2004–IN–0002’’ in the subject line consists of Clark, Elkhart, Floyd, Lake, EPA has established an official public on the first page of your comment. Marion, Porter, St. Joseph, and rulemaking file for this action under Please ensure that your comments are Vanderburgh counties. Regional Material in Edocket (RME) ID submitted within the specified comment No. R05–OAR–2004–IN–0002. The III. What Change Is Indiana period. Comments received after the official public file consists of the Requesting? close of the comment period will be documents specifically referenced in Indiana is requesting that EPA marked ‘‘late.’’ EPA is not required to this action, any public comments approve the revisions to the existing consider these late comments. received, and other information related For detailed instructions on emission reporting rule,326 IAC 2–6, to to this action. Although a part of the submitting public comments and on be consistent with the current emission official docket, the public rulemaking what to consider as you prepare your statement program requirements for file does not include Confidential stationary sources in section comments see the ADDRESSES section Business Information (CBI) or other and the section I General Information of 182(a)(3)(B) of the CAA. Since the information whose disclosure is original approval of its plan, IDEM has the SUPPLEMENTARY INFORMATION section restricted by statute. The official public of the related proposed rule which is made a number of changes to its rule, rulemaking file is the collection of published in the Proposed Rules section discussed more in detail below, and has materials that is available for public of this Federal Register. resubmitted the new version of its rule viewing at the Air Programs Branch, Air for approval. and Radiation Division, EPA Region 5, II. What Is Required by the Clean Air How Did IDEM Change Its Rule? 77 West Jackson Boulevard, Chicago, Act and How Does It Apply to Indiana? Illinois 60604. EPA requests that if at all The major change deals with the Emission Statements (Annual possible, you contact the person listed applicability of the rule. In ozone Reporting) in the For Further Information Contact nonattainment areas, facilities which section to schedule your inspection. The Section 182(a)(3)(B) of the CAA emit VOC or NOX in amounts of 25 tons Regional Office’s official hours of requires stationary sources of air per year or more into the ambient air business are Monday through Friday, pollution in ozone nonattainment areas must submit an emission statement to 8:30 a.m. to 4:30 p.m. excluding Federal to prepare and submit emission IDEM. Once an area meets the national holidays. statement data each year, to their States, ambient air quality standard and is 2. Electronic Access. You may access showing actual emissions of volatile redesignated to attainment, sources in this Federal Register document organic compounds (VOCs) and oxides the area are no longer subject to the electronically through the of nitrogen (NOX). This requirement emission statement requirements of the regulations.gov Web site located at applies to all ozone nonattainment CAA. In the State of Indiana, a number http://www.regulations.gov where you areas, regardless of classification of counties subject to the emission can find, review, and submit comments (Marginal, Moderate, etc.). In ozone statement program have been on Federal rules that have been nonattainment areas, facilities which redesignated as attainment with the one- published in the Federal Register, the emit VOC or NOX in amounts of 25 tons hour ozone standards, and the State has Government’s legal newspaper, and are per year or more [plant-wide basis] into revised regulation 326 IAC 2–6 to open for comment. the ambient air must submit an discontinue the requirement in these For public commenters, it is emission statement to the State. Further, redesignated areas. Emission statements important to note that EPA’s policy is States with ozone nonattainment areas requirements originally applied to that public comments, whether are required to submit a revision to their sources in Clark, Elkhart, Floyd, Lake,

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63071

Marion, Porter, St. Joseph, and ‘‘Actions Concerning Regulations That National Technology Transfer Vanderburgh counties. Due to Significantly Affect Energy Supply, Advancement Act redesignations, however, they now only Distribution, or Use’’ (66 FR 28355, May In reviewing SIP submissions, EPA’s need apply to sources in Lake and 22, 2001). role is to approve state choices, Porter counties. Regulatory Flexibility Act provided that they meet the criteria of In addition, the State has required the Clean Air Act. In this context, in the reporting of emissions from major This action merely approves state law absence of a prior existing requirement stationary sources in the State to meet as meeting Federal requirements and for the State to use voluntary consensus other requirements of the CAA. The imposes no additional requirements standards (VCS), EPA has no authority EPA has long required States to provide beyond those imposed by state law. to disapprove a SIP submission for for the submission of emission data Accordingly, the Administrator certifies failure to use VCS. It would thus be collected for major stationary sources to that this rule will not have a significant inconsistent with applicable law for EPA under 40 CFR 51. Thus, while economic impact on a substantial EPA, when it reviews a SIP submission, some parts of the State sources are number of small entities under the to use VCS in place of a SIP submission required to report their emissions data Regulatory Flexibility Act (5 U.S.C. 601 that otherwise satisfies the provisions of under section 182 of the CAA to the et seq.). the Clean Air Act. Thus, the State, EPA is also approving this rule as Unfunded Mandates Reform Act requirements of section 12(d) of the it applies to all major stationary sources National Technology Transfer and state-wide. Because this rule approves pre- Advancement Act of 1995 (15 U.S.C. Administratively, in this SIP revision existing requirements under state law 272 note) do not apply. there were other changes to the and does not impose any additional Paperwork Reduction Act emission reporting requirements of 326 enforceable duty beyond that required IAC 2–6 not considered to be by state law, it does not contain any This rule does not impose an significant. The key definitions, unfunded mandate or significantly or information collection burden under the compliance schedule, and specific uniquely affect small governments, as provisions of the Paperwork Reduction reporting requirements that Indiana described in the Unfunded Mandates Act of 1995 (44 U.S.C. 3501 et seq.). included in its Emission Statement Reform Act of 1995 (Pub. L. 104–4). Congressional Review Act Program are consistent with EPA guidance. Executive Order 13175: Consultation The Congressional Review Act, 5 EPA’s detailed review of Indiana’s and Coordination With Indian Tribal U.S.C. 801 et seq., as added by the Small Emission Statement Program is Governments Business Regulatory Enforcement contained in a technical support This rule also does not have tribal Fairness Act of 1996, generally provides that before a rule may take effect, the document available from EPA Region 5 implications because it will not have a agency promulgating the rule must according to previously described substantial direct effect on one or more submit a rule report, which includes a procedures in ‘‘Section I. B.’’ of this Indian tribes, on the relationship copy of the rule, to each House of the notice. between the Federal Government and Congress and to the Comptroller General Indian tribes, or on the distribution of IV. Why Is the Request Approvable? of the United States. EPA will submit a power and responsibilities between the report containing this rule and other EPA has concluded that the Indiana Federal Government and Indian tribes, required information to the U.S. Senate, program contains the necessary as specified by Executive Order 13175 the U.S. House of Representatives, and applicability, definitions, compliance (65 FR 67249, November 9, 2000). schedule and specific reporting the Comptroller General of the United provisions to meet the requirements for Executive Order 13132: Federalism States prior to publication of the rule in an Emission Statement Program. the Federal Register. A major rule This action also does not have cannot take effect until 60 days after it Therefore, EPA is approving the Federalism implications because it does revisions to the emission reporting is published in the Federal Register. not have substantial direct effects on the This action is not a ‘‘major rule’’ as requirements of 326 IAC 2–6, to satisfy States, on the relationship between the the Federal requirement of section defined by 5 U.S.C. section 804(2). national government and the States, or Under section 307(b)(1) of the Clean 182(a)(3)(B) of the CAA for an Emission on the distribution of power and Air Act, petitions for judicial review of Statement Program as part of the SIP for responsibilities among the various this action must be filed in the United Indiana. levels of government, as specified in States Court of Appeals for the V. Statutory and Executive Order Executive Order 13132 (64 FR 43255, appropriate circuit by December 28, Review August 10, 1999). This action merely 2004. Filing a petition for approves a state rule implementing a reconsideration by the Administrator of Executive Order 12866: Regulatory Federal standard, and does not alter the this final rule does not affect the finality Planning and Review relationship or the distribution of power of this rule for the purposes of judicial Under Executive Order 12866 (58 FR and responsibilities established in the review nor does it extend the time 51735, October 4, 1993), this action is Clean Air Act. within which a petition for judicial not a ‘‘significant regulatory action’’ and Executive Order 13045: Protection of review may be filed, and shall not therefore is not subject to review by the Children From Environmental Health postpone the effectiveness of such rule Office of Management and Budget. and Safety Risks or action. This action may not be challenged later in proceedings to Executive Order 13211: Actions This rule also is not subject to Concerning Regulations That enforce its requirements. (See section Executive Order 13045, ‘‘Protection of 307(b)(2).) Significantly Affect Energy Supply, Children from Environmental Health Distribution, or Use Risks and Safety Risks’’ (62 FR 19885, List of Subjects in 40 CFR Part 52 For this reason, this action is also not April 23, 1997), because it is not Environmental protection, Air subject to Executive Order 13211, economically significant. pollution control, Incorporation by

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63072 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

reference, Intergovernmental relations, this area including a settlement Townships. The major source of lead Volatile organic compounds, Ozone. agreement which was submitted with emissions in this nonattainment area is Dated: September 24, 2004. the redesignation request. This final rule the Doe Run Primary Smelting Facility, Norman Niedergang, addresses a comment submitted in near Glover, Missouri. response to EPA’s direct final rule Acting Regional Administrator, Region 5. Primary smelting of lead began at this published previously for this action on location in 1968. Currently the facility I Part 52, chapter I, title 40 of the Code June 30, 2004. The effect of the state of Federal Regulations is amended as has ceased production and has been implementation plan (SIP) approval is operating on a care and maintenance follows: to ensure Federal enforceability of the schedule since December 1, 2003. The state air program plan to provide for PART 52—[AMENDED] state submittal provided ambient air maintenance of the lead NAAQS. The monitor data showing that this area has I 1. The authority citation for part 52 effect of the redesignation is to consistently shown compliance with the continues to read as follows: recognize that the area has attained the NAAQS for lead since the first quarter Authority: 42 U.S.C. 7401 et seq. lead NAAQS and to focus future air quality planning efforts on maintenance of 1997, well before the recent shut- down of the facility. Ambient Subpart P—Indiana of the lead NAAQS in the area. EPA is also providing notice of an monitoring for lead has shown I 2. Section 52.770 is amended by administrative change to a table in the compliance with the NAAQS for 28 adding paragraph (c)(166) to read as Code of Federal Regulations which consecutive calendar quarters. The follows: identifies the Missouri SIP. NAAQS for lead is 1.5 micrograms per cubic meter (1.5 µg/m3), maximum § 52.770 Identification of plan. DATES: This final rule will be effective November 29, 2004. quarterly average. A quarterly average is * * * * * considered a violation of the standard if ADDRESSES: Copies of documents (c) * * * it is at least 1.6 µg/m3 when rounded to relevant to this action are available for (166) On February 10, 2004, Indiana tenths from the hundredths place when public inspection during normal submitted final adopted revisions to its monitored. emission reporting rule as a requested business hours at the Environmental revision to the Indiana State Protection Agency, Air Planning and EPA guidance provides that, for lead, Implementation Plan. On April 12, Development Branch, 901 North 5th attainment should be demonstrated by 2004, Indiana submitted its final rule as Street, Kansas City, Kansas 66101, or by modeling as well as monitoring. Air published in the Indiana Register. going to the Regional Material in dispersion modeling using the ISCST (i) Incorporation by reference. Indiana EDocket index at http://docket.epa.gov/ Version 3 dated February 4, 2002, was Administrative Code Title 326: Air rmepub/ and doing a quick search on used to evaluate the concentration of Pollution Control Board, Article 2: ‘‘R07–OAR–2004–MO–0003.’’ lead resulting from operations at the Permit Review Rules, Rule 6: Emission FOR FURTHER INFORMATION CONTACT: Doe Run Primary Lead Smelting Reporting. Adopted by the Air Pollution Joshua Tapp at (913) 551–7606, or by e- Facility. The maximum concentration Control Board on December 3, 2003, mail at [email protected]. predicted by the model was a value of µ 3 filed with the Secretary of State on SUPPLEMENTARY INFORMATION: 1.252 g/m which is in compliance February 26, 2004 and effective on with the lead standard. This maximum I. Background March 27, 2004. Adopted at 27 Indiana modeled value was obtained by Register 2210–2215. On June 30, 2004, EPA incorporating the plume depletion, dry simultaneously published a proposed removal option in the ISCST model. [FR Doc. 04–24238 Filed 10–28–04; 8:45 am] rule (69 FR 39382) and a direct final BILLING CODE 6560–50–P The facility is currently in a non- rule (69 FR 39337) to approve the production mode, but attainment had redesignation of the nonattainment area been shown for several years prior to ENVIRONMENTAL PROTECTION in Iron County, Missouri, bounded by this change in operation in December AGENCY Arcadia and Liberty Townships, to 2003. EPA has determined that the attainment for lead and to take final improvement in air quality is due to 40 CFR Parts 52 and 81 action to approve the submission for the permanent and enforceable SIP controls. Doe Run Primary Smelting Facility near [R07–OAR–2004–MO–0003; FRL–7831–1] EPA has also determined that the area Glover, Missouri, as an amendment to has a fully approved SIP for the area the SIP. Approval and Promulgation of meeting the requirements of section 110 The basis for our approval of this Implementation Plans; State of and Part D of Title I of the CAA. The redesignation and maintenance plan is Missouri; Designation of Areas for Air maintenance plan submitted as part of described in more detail in the direct Quality Planning Purposes, Iron the SIP revision provides for final rule (69 FR 39337). The Missouri County; Arcadia and Liberty maintenance of the relevant NAAQS in Department of Natural Resources Townships the area for at least ten years after the (MDNR) met the criteria under section approval of redesignation to attainment AGENCY: 107(d)(3)(E) of the Clean Air Act Environmental Protection and provides for adequate contingency Amendments (CAAA) for redesignation Agency (EPA). measures to address any future of the nonattainment area in Iron ACTION: Final rule and notice of violations. The basis for these administrative change. County to attainment for the lead standard as described in detail in the determinations is described in detail in SUMMARY: EPA is announcing the direct final rule. the direct final rule (69 FR 39337, redesignation of the lead nonattainment The area was designated as 39339). area in Iron County, Missouri, to nonattainment for lead in January 1992. EPA received an adverse comment attainment of the National Ambient Air The nonattainment area includes the during the 30-day comment period and Quality Standard (NAAQS) for lead. We portion of Iron County, Missouri, therefore withdrew the direct final rule are approving the maintenance plan for bounded by Arcadia and Liberty on August 24, 2004 (69 FR 51956).

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63073

II. Today’s Action EPA also notes that this action will approves preexisting requirements In this final rulemaking, EPA is not result in any increases in emissions under state law. In addition, the responding to the adverse comment, and from the facility. The maintenance plan redesignation is an action which affects granting final approval to the commits to continuing to implement the the status of a geographic area but does redesignation of the lead nonattainment lead emission control measures which not impose any new requirements on area in Iron County, Missouri, to resulted in attainment of the lead governmental entities or sources. attainment of the NAAQS for lead. We standard and to implementing Therefore because it does not impose are also approving the maintenance plan contingency measures as necessary to any additional enforceable duty beyond address exceedances of the lead that required by state law, it does not for this area, including a state NAAQS. Any significant new growth contain any unfunded mandate or administrative settlement agreement would be subject to Missouri’s significantly or uniquely affect small which was submitted with the construction permitting program. governments, as described in the redesignation request. Therefore, EPA’s action will not result Unfunded Mandates Reform Act of 1995 III. Comment and Response in any additional air quality problems (Pub. L. 104–4). This rule and redesignation do not EPA received one adverse comment with respect to lead, either locally or in have tribal implications because it will on EPA’s June 30, 2004, rule. A other states. not have a substantial direct effect on summary of the adverse comment and IV. Final Action one or more Indian tribes, on the EPA’s response is provided below. Final rule. EPA is granting final relationship between the Federal Comment: The commenter was approval to the redesignation of the lead Government and Indian tribes, or on the concerned that air pollution from nonattainment area in Iron County, distribution of power and Missouri industrial sources effect the air Missouri, to attainment of the NAAQS responsibilities between the Federal quality in states to the east of Missouri, for lead. We are approving the Government and Indian tribes, as including New Jersey, and EPA should maintenance plan for this area including specified by Executive Order 13175 (65 focus on protecting public health and a settlement agreement which was FR 67249, November 9, 2000). This improving air quality. submitted with the redesignation action also does not have federalism Response: The commenter did not request. For the reasons stated in the implications because it does not have take issue with any specific direct final rule referenced previously, substantial direct effects on the States, determinations made by EPA with EPA has determined that the submission on the relationship between the national respect to approval of the redesignation meets the criteria under section government and the States, or on the request and maintenance plan. The 107(d)(3)(E) of the CAAA for distribution of power and commenter submitted no analysis or redesignation, and the maintenance responsibilities among the various data suggesting that lead emissions in plan requirements in section 175A of levels of government, as specified in the Glover area had any effect on other the CAAA. Executive Order 13132 (64 FR 43255, states. With respect to the commenter’s Administrative change. We are also August 10, 1999). This action merely concern about transported emissions, adding numbers to entries previously approves a state rule implementing a we note that the air dispersion modeling published in table (e) in § 52.1320. On Federal standard, and does not alter the submitted by the Missouri Department May 13, 2004 (69 FR 26506), table (e) relationship or the distribution of power of Natural Resources for the was amended and the entry for the and responsibilities established in the redesignation of the lead nonattainment ‘‘Vehicle I/M Program’’ for St. Louis is CAA. This rule also is not subject to area in the Glover, Missouri, area designated (47). On August 24, 2004 (69 Executive Order 13045 ‘‘Protection of indicated that the NAAQS for lead had FR 51955), table (e) was amended and Children from Environmental Health been attained and would be maintained. the entry for the ‘‘Revised Maintenance Risks and Safety Risks’’ (62 FR 19885, The Doe Run facility is located within Plan of Doe Run Resource Recycling April 23, 1997), because it is not the boundaries of the Liberty and Facility near Buick, Mo.,’’ is designated economically significant. Arcadia townships in Iron County, (48). In reviewing SIP submissions, EPA’s Missouri. There are no predicted role is to approve state choices, V. Statutory and Executive Order violations of the NAAQS for lead in the provided that they meet the criteria of Reviews ambient air in the vicinity of the Doe the CAA. In this context, in the absence Run facility. The predicted lead Under Executive Order 12866 (58 FR of a prior existing requirement for the concentrations resulting from the 51735, October 4, 1993), this action is State to use voluntary consensus operation of the lead smelter decrease not a ‘‘significant regulatory action’’ and standards (VCS), EPA has no authority rapidly as the distance from the lead therefore is not subject to review by the to disapprove a SIP submission for sources increases. The NAAQS for lead Office of Management and Budget. For failure to use VCS. It would thus be is 1.5 micrograms per cubic meter this reason, this action is also not inconsistent with applicable law for averaged over a calendar quarter. A subject to Executive Order 13211, EPA, when it reviews a SIP submission, review of the modeling indicates that ‘‘Actions Concerning Regulations That to use VCS in place of a SIP submission lead concentrations decrease to Significantly Affect Energy Supply, that otherwise satisfies the provisions of approximately 0.01 micrograms per Distribution, or Use’’ (66 FR 28355, May the CAA. Thus, the requirements of cubic meter at approximately 10 22, 2001). This action merely approves section 12(d) of the National kilometers from the facility. The state law as meeting Federal Technology Transfer and Advancement modeling predictions are supported by requirements and imposes no additional Act of 1995 (15 U.S.C. 272 note) do not the measurements made in the local requirements beyond those imposed by apply. This rule does not impose an area. Due to the highly localized state law. Accordingly, the information collection burden under the impacts of lead emissions from the Administrator certifies that this rule provisions of the Paperwork Reduction facility, it is extremely unlikely that any will not have a significant economic Act of 1995 (44 U.S.C. 3501 et seq.). significant lead concentrations from the impact on a substantial number of small The Congressional Review Act, 5 smelter would reach any areas outside entities under the Regulatory Flexibility U.S.C. 801 et seq., as added by the Small Missouri. Act (5 U.S.C. 601 et seq.). This rule Business Regulatory Enforcement

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63074 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

Fairness Act of 1996, generally provides shall not postpone the effectiveness of PART 52—[AMENDED] that before a rule may take effect, the such rule or action. This action may not agency promulgating the rule must be challenged later in proceedings to I 1. The authority citation for part 52 submit a rule report, which includes a enforce its requirements. (See section continues to read as follows: copy of the rule, to each House of the 307(b)(2).) Authority: 42 U.S.C. 7401 et seq. Congress and to the Comptroller General List of Subjects of the United States. EPA will submit a Subpart AA—Missouri report containing this rule and other 40 CFR Part 52 required information to the U.S. Senate, Environmental protection, Air I 2. Section 52.1320 is amended as the U.S. House of Representatives, and pollution control, Carbon monoxide, follows: the Comptroller General of the United Incorporation by reference, I States prior to publication of the rule in Intergovernmental relations, Lead, a. In the table to paragraph (d) by the Federal Register. A major rule Nitrogen dioxide, Ozone, Particulate adding entry (22) in numerical order. cannot take effect until 60 days after it matter, Reporting and recordkeeping I b. In the table to paragraph (e) is published in the Federal Register. requirements, Sulfur oxides, Volatile designating the entry for ‘‘Vehicle I/M This action is not a ‘‘major rule’’ as organic compounds. Program’’ as (47) and designating the defined by 5 U.S.C. 804(2). entry for ‘‘Revised Maintenance Plan of Under section 307(b)(1) of the CAA, 40 CFR Part 81 Doe Run Resource Recycling Facility petitions for judicial review of this Environmental protection, Air near Buick, MO.,’’ as (48) and by adding action must be filed in the United States pollution control, Lead, National parks, entry (49) in numerical order. Court of Appeals for the appropriate Wilderness area. circuit by December 28, 2004. Filing a Dated: October 8, 2004. § 52.1320 Identification of plan. petition for reconsideration by the James B. Gulliford, * * * * * Administrator of this final rule does not affect the finality of this rule for the Regional Administrator, Region 7. (d) * * * purposes of judicial review nor does it I Chapter I, title 40 of the Code of extend the time within which a petition Federal Regulations is amended as for judicial review may be filed, and follows:

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS

State effective EPA approval Name of source Order/permit number date date Explanation

******* (22) Doe Run Lead Smelter, Glov- Settlement Agreement ...... 10/31/03 10/29/04 er, MO.

(e) * * *

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregula- Applicable geographic State submittal EPA approval tory SIP provision or nonattainment area date date Explanation

******* (49) Lead Mainte- Iron County (part) 1/26/04 10/29/04 nance Plan. within boundaries of Liberty and Arca- dia Townships.

PART 81—[AMENDED] Authority: 42 U.S.C. 7401 et seq. boundaries of Liberty and Arcadia I Townships’’ to read as follows: I 3. The authority citation for part 81 4. In § 81.326 the table entitled continues to read as follows: ‘‘Missouri-Lead’’ is amended by revising § 81.326 Missouri. the entry for ‘‘Iron County (part) Within * * * * *

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63075

MISSOURI-LEAD

Designation Classification Designated area Date Type Date Type

******* Iron County (part) Within boundaries of Lib- October 29, 2004 ...... Attainment. erty and Arcadia Townships.

*******

* * * * * A. Federal eRulemaking Portal: include your name and other contact [FR Doc. 04–24134 Filed 10–28–04; 8:45 am] http://www.regulations.gov. Follow the information in the body of your on-line instructions for submitting comment and with any disk or CD-ROM BILLING CODE 6560–50–P comments. you submit. If EPA cannot read your B. Agency Web Site: http:// comment due to technical difficulties ENVIRONMENTAL PROTECTION www.docket.epa.gov/rmepub/ RME, and cannot contact you for clarification, AGENCY EPA’s electronic public docket and EPA may not be able to consider your comment system, is EPA’s preferred comment. Electronic files should avoid 40 CFR Part 62 method for receiving comments. Follow the use of special characters, any form the on-line instructions for submitting of encryption, and be free of any defects [R03–OAR–2004–VA–0002a; FRL–7831–5] comments. or viruses. C. E-mail: http:// Docket: All documents in the Approval and Promulgation of State [email protected]. electronic docket are listed in the RME Air Quality Plans for Designated D. Mail: R03–OAR–2004–VA–0002, index at http://www.docket.epa.gov/ Facilities and Pollutants, Walter Wilkie, Chief, Air Quality rmepub/. Although listed in the index, Commonwealth of Virginia; Control of Analysis, Mailcode 3AP22, U.S. some information is not publicly Municipal Waste Combustor Environmental Protection Agency, available, i.e., CBI or other information Emissions From Large Existing Region III, 1650 Arch Street, whose disclosure is restricted by statute. Municipal Solid Waste Combustor Philadelphia, Pennsylvania 19103. Certain other material, such as Units E. Hand Delivery: At the previously- copyrighted material, is not placed on listed EPA Region III address. Such the Internet and will be publicly AGENCY: Environmental Protection deliveries are only accepted during the available only in hard copy form. Agency (EPA). Docket’s normal hours of operation, and Publicly available docket materials are ACTION: Direct final rule. special arrangements should be made available either electronically in RME or for deliveries of boxed information. in hard copy during normal business SUMMARY: EPA is taking direct final Instructions: Direct your comments to hours at the Air Protection Division, action to approve the Commonwealth of RME ID No. R03–OAR–2004–VA–0002. U.S. Environmental Protection Agency, Virginia Department of Environmental EPA’s policy is that all comments Region III, 1650 Arch Street, Quality (DEQ) municipal waste received will be included in the public Philadelphia, Pennsylvania 19103. combustor plan (the plan) for docket without change, and may be Copies of the State submittal are implementing emission guideline (EG) made available online at http:// available at the Virginia Department of requirements promulgated under the www.docket.epa.gov/rmepub/, Environmental Quality, 629 East Main Clean Air Act (the Act). The plan including any personal information Street, Richmond, Virginia 23219. establishes emission limits, monitoring, provided, unless the comment includes FOR FURTHER INFORMATION CONTACT: operating, and recordkeeping information claimed to be Confidential James B. Topsale, P.E., at (215) 814– requirements for existing large MWC Business Information (CBI) or other 2190, or by e-mail at with a unit capacity of more than 250 information whose disclosure is [email protected]. tons per day (TPD) of municipal solid restricted by statute. Do not submit SUPPLEMENTARY INFORMATION: waste (MSW). An existing MWC unit is information that you consider to be CBI defined as one for which construction or otherwise protected through RME, I. Background commenced on or before September 20, regulations.gov or e-mail. The EPA RME On December 19, 1995, pursuant to 1994. and the Federal regulations.gov Web sections 111 and 129 of the Clean Air DATES: This rule is effective December sites are an ‘‘anonymous access’’ Act (Act), EPA promulgated new source 28, 2004 without further notice, unless system, which means EPA will not performance standards (NSPS) EPA receives adverse written comment know your identity or contact applicable to new MWC units and by November 29, 2004. If EPA receives information unless you provide it in the emission guidelines (EG) applicable to such comments, it will publish a timely body of your comment. If you send an existing MWC units. The NSPS and EG withdrawal of the direct final rule in the e-mail comment directly to EPA without are codified at 40 CFR part 60, subparts Federal Register and inform the public going through RME or regulations.gov, Eb and Cb, respectively. See 60 FR that the rule will not take effect. your e-mail address will be 65387. Subparts Cb and Eb regulate the ADDRESSES: Submit your comments, automatically captured and included as following: particulate matter, opacity, identified by Regional Material in part of the comment that is placed in the sulfur dioxide, hydrogen chloride, EDocket (RME) ID Number R03–OAR– public docket and made available on the oxides of nitrogen, carbon monoxide, 2004–VA–0002 by one of the following Internet. If you submit an electronic lead, cadmium, mercury, and dioxins methods: comment, EPA recommends that you and dibenzofurans.

VerDate jul<14>2003 15:01 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63076 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

However, on April 8, 1997, the United limits, (6) compliance schedules, (7) that estimates emissions of the pollutant States Court of Appeals for the District testing, monitoring, recordkeeping, and regulated by the EG. Emissions from of Columbia Circuit vacated subparts Cb reporting, (8) public hearing records, MWC units contain organics (dioxin/ and Eb as they apply to MWC units with and (9) annual state progress reports on furans), metals (cadmium, lead, combustion capacity less than or equal facility compliance. mercury, particulate matter, opacity), to 250 tons per day of MSW (small and acid gases (hydrogen chloride, A. Identification of Legal Authority MWCs), consistent with their opinion in sulphur dioxide, and nitrogen oxides). Davis County Solid Waste Management Title 40 CFR 60.26 requires the plan For each MWC facility, the DEQ plan and Recovery District v. EPA, 101 F.3d to demonstrate that the State has legal contains MWC unit emissions rates 1395 (D.C. Cir. 1996), as amended, 108 authority to adopt and implement the estimates that are given in an acceptable F.3d 1454 (D.C. Cir. 1997). As a result, emission standards and compliance format. This meets the emission subparts Cb and Eb now apply only to schedules. The DEQ has demonstrated inventory requirements of 40 CFR MWC units with individual unit that it has the legal authority to adopt 60.25(a). and implement the emission standards combustion capacity of more than 250 E. Emissions Limitations for MWC Units tons per day of MSW (i.e., large MWC governing large MWC units. DEQ’s legal units). This change was published in the authority is provided in the Air Title 40 CFR 60.24(c) specifies that Federal Register (62 FR 45116) on Pollution Control Law of Virginia, Title the State plan must include emission August 25, 1997. In addition, 10.1, Chapter 13, of the Code of standards that are no less stringent than subsequent clarifying amendments were Virginia. This authority is discussed in the EG, except as specified in 40 CFR published in the Federal Register (66 the plan narrative and a July 1, 1998 60.24(f) which allows for less stringent FR 57824) on November 16, 2001.1 letter from the Virginia Office of the emission limitations on a case-by-case Section 129(b)(2) of the Act requires Attorney General to the DEQ. This basis if certain conditions are met. States to submit to EPA for approval meets the requirements of 40 CFR 60.26. However, this exception clause is State Plans that implement and enforce superseded by section 129(b)(2) of the B. Identification of Enforceable State Act which requires that state plans be the EG. State Plans must be at least as Mechanisms for Implementing the Plan protective as the EG, and become ‘‘at least as protective’’ as the EG , in Federally enforceable as a section The subpart B provision at 40 CFR this case 40 CFR part 60, subpart Cb. A 111(d)/129 plan upon approval by EPA. 60.24(a) requires that state plans include review of the applicable Rule 4–54 emissions limitations shows that all are The procedures for adoption and emissions standards, defined in 40 CFR ‘‘at least as protective’’ as those in the submittal of State Plans are codified in 60.21(f) as ‘‘a legally enforceable EG, as amended. In addition to the 40 CFR part 60, subpart B. regulation setting forth an allowable rate required section 129 emissions As required by section 129(b)(3) of the of emissions into the atmosphere, or limitations, other limitations under Rule Act, on November 12, 1998 EPA prescribing equipment specifications for 4–54 (i.e., 9 VAC 5–40–8080, 8100, and promulgated a Federal implementation control of air pollution emissions.’’ The 8100E), relating to odors, toxic plan (FIP), amended May 24, 2000, for Commonwealth of Virginia through the pollutants (state only requirements), and large MWC units that commenced DEQ, has adopted State Air Pollution nitrogen oxides (NO ) emissions construction on or before September 20, Control Board Regulations (Rule 4–54 X trading, are not within the scope of 1994. The FIP (40 CFR part 62, subpart and other supporting air program rules) to control large MWC emissions. Rule section 129 requirements for plan FFF, 63 FR 63191 and 65 FR 33461) is approval. These other emissions a set of maximum achievable control 4–54, Emission Standards for Large MWC, became effective on August 4, limitations are not relevant or technology (MACT) requirements that approvable under this plan approval implement the 1995 large MWC 1999, and was subsequently amended on February 1, 2002, and July 1, 2003. action. This is discussed further in emission guidelines for states, such as Section III, Final Action. Virginia, without an approved plan. The Other applicable and effective FIP fills a Federal enforceability gap supporting air program rules were F. Compliance Schedules identified and submitted to EPA on until state plans are approved and Under 40 CFR 60.24(c) and (e), a state ensures that the affected MWC units August 11, 2003 and April 6, 2004. These rules collectively met the plan must include an expeditious stay on track to complete pollution compliance schedule that owners and control equipment retrofit schedules in requirement of 40 CFR 60.24(a) to have a legally enforceable emission standard. operators of affected MWCs must meet order to meet the final statutory in order to comply with the compliance date of December 19, 2000. C. Inventory of Affected MWC Units requirements of the plan. Also, Title 40 II. Review of Virginia’s MWC Plan Title 40 CFR 60.25(a) requires the CFR 60.39b of the EG provides that plan to include a complete source planning, awarding of contracts, and EPA has reviewed the Virginia plan, inventory of all affected facilities (i.e., installation of air emission collection submitted on August 18, 2003, for existing MWC units with a capacity and control equipment capable of existing large MWC units in the context greater than 250 TPD). The DEQ has meeting the EG requirements must be of the requirements of 40 CFR part 60, identified three (3) affected facilities. accomplished within 3 years of EPA and subparts B and Cb, as amended. Each have an MWC unit capacity greater plan approval, but in no case later than State plans must include the following than 250 TPD. The affected facilities are December 19, 2000. Accordingly, the essential elements: (1) Identification of Covanta Fairfax with four units, Covanta DEQ determined that source compliance legal authority, (2) identification of Alexandria with three units, and the with the EG emissions limits must be mechanism for implementation, (3) Southeastern Public Service Authority achieved on or before December 19, inventory of affected facilities, (4) with four units. 2000, as stipulated in the promulgated emissions inventory, (5) emissions FIP. In order to implement this D. Inventory of Emissions From Affected requirement, Rule 4–54, 9 VAC 5–40– 1 An additional EG amendment was promulgated MWC Units in the Federal Register (66 FR 36473) on July 12, 8110, incorporates by reference the 2001. However, the amendment is known to impact Title 40 CFR 60.25(a) requires that the Federal plan compliance schedule only one affected facility in Georgia. plan include an emissions inventory provisions of 40 CFR 62.14108 and

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63077

62.14109(e) through (m) which establish performed by a regulated entity. The renders this statute inapplicable to expeditious interim and final legislation further addresses the relative enforcement of any Federally authorized compliance dates that are consistent burden of proof for parties either programs, since ‘‘no immunity could be with the provisions of 40 CFR 60.24(c) asserting the privilege or seeking afforded from administrative, civil, or and (e), and 40 CFR 60.39b of subparts disclosure of documents for which the criminal penalties because granting B and Cb, respectively. The state plan privilege is claimed. Virginia’s such immunity would not be consistent meets the applicable Federal legislation also provides, subject to with Federal law, which is one of the compliance schedule requirements. certain conditions, for a penalty waiver criteria for immunity.’’ for violations of environmental laws Therefore, EPA has determined that G. Testing, Monitoring, Recordkeeping, when a regulated entity discovers such Virginia’s Privilege and Immunity and Reporting Requirements violations pursuant to a voluntary statutes will not preclude the The provisions of 40 CFR 60.24(b) and compliance evaluation and voluntarily Commonwealth from enforcing its 60.25(b) stipulate facility testing, discloses such violations to the section 111(d)/129 program consistent monitoring recordkeeping and reporting Commonwealth and takes prompt and with the Federal requirements. In any requirements for state plans. Also, appropriate measures to remedy the event, because EPA has also determined related EG provisions 40 CFR 60.38b violations. Virginia’s Voluntary that a state audit privilege and and 60.39b cross reference applicable Environmental Assessment Privilege immunity law can affect only state NSPS (subpart Eb) requirements that Law, Va. Code Sec. 10.1–1198, provides enforcement and cannot have any state plans must include. The DEQ a privilege that protects from disclosure impact on Federal enforcement regulation meets the subpart B documents and information about the authorities, EPA may at any time invoke requirements of 40 CFR 60.24 and 60.25; content of those documents that are the its authority under the Clean Air Act, and the related subpart Cb provisions of product of a voluntary environmental including, for example, sections 113, 40 CFR 60.38b and 60.39b. However, assessment. The Privilege Law does not 167, 205, 211 or 213, to enforce the when considering that Rule 4–54 extend to documents or information (1) requirements or prohibitions of the state references 40 CFR 60.11(e), which that are generated or developed before plan, independently of any state allows use of continuous opacity the commencement of a voluntary enforcement effort. In addition, citizen monitoring (COM) data, a point of environmental assessment; (2) that are enforcement under section 304 of the clarity is in order. The opacity prepared independently of the Clean Air Act is likewise unaffected by limitations promulgated under subparts assessment process; (3) that demonstrate this, or any, state audit privilege or Cb and Eb were based on stack test data a clear, imminent and substantial immunity law. using EPA Method 9. Accordingly, COM danger to the public health or III. Final Action data is used only as an indicator for environment; or (4) that are required by corrective actions, if necessary, or as the law. Based upon the rationale discussed basis for a compliance retest of the On January 12, 1998, the above and in further detail in the MWC facility. This matter is discussed Commonwealth of Virginia Office of the technical support document (TSD) and clarified in EPA’s Background Attorney General provided a legal associated with this action, EPA is Information Document (EPA–453/R–95– opinion that states that the Privilege approving the Virginia plan, excluding 0136) for the MWC rules. law, Va. Code Sec. 10.1–1198, precludes the non-applicable rule provisions, as granting a privilege to documents and identified in the DEQ letters of August H. A Record of Public Hearing on the information ‘‘required by law,’’ 11, and 18, 2003; and April 6, and State Plan including documents and information August, 25, 2004 to EPA. The identified Public hearings on the plan were held ‘‘required by Federal law to maintain exclusions, for example, include Rule October 17, 2000 and July 23, 2003. program delegation, authorization or 4–54 provisions relating to odors, toxic Applicable portions of Rule 4–54 approval,’’ since Virginia must ‘‘enforce pollutants (state only requirements), became effective initially on August 4, Federally authorized environmental NOX emissions trading, and MWC 1999, with subsequent amendments on programs in a manner that is no less operator requirements under the February 1, 2002 and July 1, 2003. The stringent than their Federal counterparts Virginia Board for Waste Management state provided evidence of complying ***.’’ The opinion concludes that Facility Operators. As a result of this with public notice and other hearing ‘‘[r]egarding § 10.1–1198, therefore, EPA approval action, the Federal plan is requirements, including a record of documents or other information needed no longer applicable, except for the public comments received. The DEQ has for civil or criminal enforcement under compliance schedule provisions of 40 met the 40 CFR 60.23 requirement for a one of these programs could not be CFR 62.14108 and 62.14109(e) through public hearing on the plan. privileged because such documents and (m) that are incorporated by reference information are essential to pursuing into Rule 4–54. Also, with respect to I. Annual State Progress Reports to EPA enforcement in a manner required by certain plan decisions, EPA retains The DEQ will submit to EPA on an Federal law to maintain program discretionary authority for several annual basis a report which details the delegation, authorization or approval.’’ actions as listed in the August 18, 2003 progress in the enforcement of the plan Virginia’s Immunity law, Va. Code plan narrative, paragraph H. As in accordance with 40 CFR 60.25. Sec. 10.1–1199, provides that ‘‘[t]o the provided by 40 CFR 60.28(c), any Accordingly, the DEQ will submit extent consistent with requirements revisions to the Virginia plan or reports on progress in plan enforcement imposed by Federal law,’’ any person supporting regulations will not be to EPA on an annual (calendar year) making a voluntary disclosure of considered part of the applicable plan basis, commencing with the first full information to a state agency regarding until submitted by the Commonwealth report period after plan approval. a violation of an environmental statute, of Virginia in accordance with 40 CFR In 1995, Virginia adopted legislation regulation, permit, or administrative 60.28(a) or (b), as applicable, and until that provides, subject to certain order is granted immunity from approved by EPA in accordance with 40 conditions, for an environmental administrative or civil penalty. The CFR part 60, subpart B, requirements. assessment (audit) ‘‘privilege’’ for Attorney General’s January 12, 1998 EPA is publishing this rule without voluntary compliance evaluations opinion states that the quoted language prior proposal because the Agency

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63078 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

views this as a noncontroversial responsibilities between the Federal required to submit a rule report amendment and anticipates no adverse Government and Indian tribes, as regarding today’s action under section comments. This action simply reflects specified by Executive Order 13175 (65 801 because this is a rule of particular already existing Federal requirement for FR 67249, November 9, 2000). This applicability establishing source- state air pollution control agencies and action also does not have Federalism specific requirements for three (3) existing large MWC units that are implications because it does not have specific facilities. subject to the provisions of 40 CFR part substantial direct effects on the States, 60, subparts B, and Cb; and 40 CFR part on the relationship between the national C. Petitions for Judicial Review 62, subpart FFF, as applicable. government and the States, or on the Under section 307(b)(1) of the Clean However, in the ‘‘Proposed Rules’’ distribution of power and Air Act, petitions for judicial review of section of today’s Federal Register, EPA responsibilities among the various this action must be filed in the United is publishing a separate document that levels of government, as specified in States Court of Appeals for the will serve as the proposal to approve the Executive Order 13132 (64 FR 43255, appropriate circuit by December 28, section 111(d)/129 plan should relevant August 10, 1999). This action merely 2004. Filing a petition for adverse or critical comments be filed. approves a state rule implementing a reconsideration by the Administrator of This rule will be effective December 28, Federal standard, and does not alter the this final rule does not affect the finality 2004 without further notice unless EPA relationship or the distribution of power of this rule for the purposes of judicial receives adverse comments by and responsibilities established in the review nor does it extend the time November 29, 2004. If EPA receives Clean Air Act. This rule also is not within which a petition for judicial adverse comments, EPA will publish a subject to Executive Order 13045 review may be filed, and shall not timely withdrawal in the Federal ‘‘Protection of Children from postpone the effectiveness of such rule Register informing the public that the Environmental Health Risks and Safety or action. This action, approving the rule did not take effect. EPA will Risks’’ (62 FR 19885, April 23, 1997), Virginia section 111(d)/129 plan for address all public comments in a because it is not economically large MWC units, may not be challenged subsequent final rule based on the significant. later in proceedings to enforce its proposed rule. The EPA will not In reviewing section 111(d)/129 plan requirements. (See section 307(b)(2).) institute a second comment period on submissions, EPA’s role is to approve List of Subjects in 40 CFR Part 62 this action. Any parties interested in state choices, provided that they meet commenting must do so at this time. the criteria of the Clean Air Act. In this Environmental protection, context, in the absence of a prior Administrative practice and procedure, IV. Statutory and Executive Order existing requirement for the State to use Air pollution control, Aluminum, Reviews voluntary consensus standards (VCS), Fertilizers, Fluoride, Intergovernmental A. General Requirements EPA has no authority to disapprove a relations, Paper and paper products 111(d)/129 plan submission for failure Under Executive Order 12866 (58 FR industry, Phosphate, Reporting and to use VCS. It would thus be recordkeeping requirements, Sulfur 51735, October 4, 1993), this action is inconsistent with applicable law for not a ‘‘significant regulatory action’’ and oxides, Sulfur acid plants, Waste EPA, when it reviews a 111(d)/129 plan treatment and disposal. therefore is not subject to review by the submission, to use VCS in place of a Office of Management and Budget. For 111(d)/129 plan submission that Dated: September 27, 2004. this reason, this action is also not otherwise satisfies the provisions of the Thomas C. Voltaggio, subject to Executive Order 13211, Clean Air Act. Thus, the requirements of Acting Regional Administrator, Region III. ‘‘Actions Concerning Regulations That section 12(d) of the National I 40 CFR part 62 is amended as follows: Significantly Affect Energy Supply, Technology Transfer and Advancement Distribution, or Use’’ (66 FR 28355, May Act of 1995 (15 U.S.C. 272 note) do not PART 62—[AMENDED] 22, 2001). This action merely approves apply. This rule does not impose an I state law as meeting Federal information collection burden under the 1. The authority citation for part 62 is requirements and imposes no additional provisions of the Paperwork Reduction revised to read as follows: requirements beyond those imposed by Act of 1995 (44 U.S.C. 3501 et seq.). Authority: 42 U.S.C. 7401 et seq. state law. Accordingly, the Administrator certifies that this rule B. Submission to Congress and the Subpart VV—Virginia will not have a significant economic Comptroller General I 2. Add a center heading, and impact on a substantial number of small The Congressional Review Act, 5 §§ 62.11640, 62.11641, and 62.11642 to entities under the Regulatory Flexibility U.S.C. 801 et seq., as added by the Small subpart VV to read as follows: Act (5 U.S.C. 601 et seq.). Because this Business Regulatory Enforcement rule approves pre-existing requirements Fairness Act of 1996, generally provides EMISSIONS FROM EXISTING LARGE under state law and does not impose that before a rule may take effect, the MUNICIPAL WASTE any additional enforceable duty beyond agency promulgating the rule must COMBUSTOR (MWC) UNITS— that required by state law, it does not submit a rule report, which includes a SECTION 111(d)/129 PLAN contain any unfunded mandate or copy of the rule, to each House of the significantly or uniquely affect small Congress and to the Comptroller General § 62.11640 Identification of plan. governments, as described in the of the United States. Section 804 Section 111(d) /129 plan for large Unfunded Mandates Reform Act of 1995 exempts from section 801 the following MWC units with a capacity greater than (Public Law 104–4). This rule also does types of rules: (1) Rules of particular 250 tons per day (TPD) and the not have tribal implications because it applicability; (2) rules relating to agency associated Virginia Air Pollution will not have a substantial direct effect management or personnel; and (3) rules Control Board Regulations (Rule 4–54, on one or more Indian tribes, on the of agency organization, procedure, or and other supporting rules identified in relationship between the Federal practice that do not substantially affect the plan), submitted to EPA on August Government and Indian tribes, or on the the rights or obligations of non-agency 18, 2003, including supplemental distribution of power and parties. 5 U.S.C. 804(3). EPA is not information submitted on August 11

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63079

and September 30, 2003; and April 6, Although listed in the index, some 60848, December 22, 1992). The criteria, and August 25, 2004. information is not publicly available, codified at 40 CFR 131.36, became the i.e., CBI or other information whose applicable water quality standards in § 62.11641 Identification of sources. disclosure is restricted by statute. those 14 jurisdictions for all purposes The affected facility to which the plan Certain other material, such as and programs under the CWA effective applies is each large MWC unit for copyrighted material, is not placed on February 5, 1993. which construction commenced on or the Internet and will be publicly As described in the preamble to the before September 20, 1994. available only in hard copy form. final NTR, when a State adopts, and EPA approves, water quality criteria that § 62.11642 Effective date. Publicly available, docket materials are available either electronically in meet the requirements of the CWA, EPA The effective date of the plan for large EDOCKET or in hard copy at the will issue a rule amending the NTR to MWC units is December 28, 2004. following: The administrative record for withdraw the Federal criteria applicable [FR Doc. 04–24240 Filed 10–28–04; 8:45 am] the withdrawal of Alaska’s federally to that State. If the State’s criteria are no BILLING CODE 6560–50–P promulgated criteria is also available for less stringent than the promulgated public inspection at EPA Region 10, Federal criteria, EPA will withdraw its Office of Water, 1200 Sixth Avenue, criteria without notice and comment ENVIRONMENTAL PROTECTION Seattle, WA 98101, during normal because additional comment on the AGENCY business hours of 8 a.m. to 4:30 p.m. criteria is unnecessary (see 65 FR 19659, Pacific time. The administrative record April 12, 2000). However, if a State 40 CFR Part 131 for the withdrawal of Arkansas’s adopts criteria that are less stringent than the Federally-promulgated criteria, [OW–2004–0006; FRL–7825–1] federally promulgated criteria is also available for public inspection at EPA but which the Agency judges to meet Water Quality Standards; Withdrawal Region 6, Water Quality Protection the requirements of the Act, EPA will of Certain Federal Water Quality Division, 1445 Ross Avenue, Dallas, TX seek public comment before Criteria Applicable to Alaska, 75202, during normal business hours of withdrawing the Federally-promulgated Arkansas, and Puerto Rico 7:30 a.m. to 11 a.m. and 1 p.m. to 4:30 criteria (see 57 FR 60860, December 22, p.m. central time. The administrative 1992). Section 553 of the Administrative AGENCY: Environmental Protection record for the withdrawal of Puerto Procedure Act, 5 U.S.C. 553(b)(B), Agency (EPA). Rico’s Federally promulgated criteria is provides that, when an agency for good ACTION: Final rule. also available for public inspection at cause finds that notice and public EPA Region 2, 290 Broadway, New comment procedures are impracticable, SUMMARY: EPA is taking final action to York, NY 10007, during normal unnecessary or contrary to the public amend the Federal regulations to business hours of 9 a.m. to 4:30 p.m. interest, the agency may issue a rule withdraw certain water quality criteria eastern time Monday through Thursday, without providing notice and applicable to Alaska, Arkansas, and and 9 a.m.–1 p.m. eastern time on opportunity for public comment. There is good cause for making Puerto Rico. In 1992, EPA promulgated Friday. Federal regulations, through the today’s rule final without prior proposal National Toxics Rule (‘‘NTR’’), FOR FURTHER INFORMATION CONTACT: For and comment because, being identical establishing water quality criteria for questions regarding this action with or more stringent, the States’ criteria are toxic pollutants for 12 states and two respect to Alaska, contact Sally Brough no less stringent than the Federal territories, including Alaska, Arkansas, with EPA’s Region 10 at 206–553–1295. regulations. For the same reason, and and Puerto Rico. These two states and For questions regarding this action with because this rule relieves a Federal one territory have now adopted, and respect to Arkansas, contact Russell restriction, good cause exists to waive EPA has approved, certain water quality Nelson with EPA’s Region 6 at 214– the requirement for a 30-day period criteria included in the NTR. Since 665–6646. For questions regarding this before the amendment becomes Alaska, Arkansas, and Puerto Rico now action with respect to Puerto Rico, effective. Therefore, the amendment is have criteria, effective under the Clean contact Wayne Jackson with EPA’s immediately effective. This rule does Water Act, for the same priority toxic Region 2 at 212–637–3807. For general not remove any water quality pollutants in the NTR, EPA has and administrative concerns, contact protections. It removes a Federal determined that the Federally Stephanie Thornton at EPA regulation that duplicates State promulgated criteria are no longer Headquarters, Office of Water (4305T), regulation. 1200 Pennsylvania Avenue, NW., needed for these pollutants. In today’s Alaska action, EPA is amending the Federal Washington, DC 20460 (202–566–0606). regulations to withdraw those certain SUPPLEMENTARY INFORMATION: On March 30 and April 27, 1999, Alaska adopted revisions to its surface criteria applicable to Alaska, Arkansas, I. General Information and Puerto Rico. EPA is withdrawing its water quality standards (18 AAC 70). criteria without a notice and comment No one is regulated by this rule. This Alaska submitted the revisions to EPA rulemaking because the adopted criteria rule withdraws certain Federal water for approval by letter dated May 10, are no less stringent than Federal quality criteria applicable to Alaska, 1999, and EPA received the revisions on criteria (see 65 FR 19659, April 12, Arkansas, and Puerto Rico. May 13, 1999. 2000). EPA Region 10 approved the State’s II. Background freshwater and marine water aquatic life DATES: This final rule is effective on In 1992, EPA promulgated the criteria for certain NTR pollutants on October 29, 2004. ‘‘National Toxics Rule’’ (‘‘NTR’’) to September 28, 2001, because they were ADDRESSES: EPA has established a establish numeric water quality criteria identical to the NTR values and were docket for this action under Docket ID for 12 states and two Territories consistent with both the CWA and No. OW–2004–0006. All documents in (hereafter ‘‘States’’) that had failed to EPA’s implementing regulations at 40 the docket are listed in the EDOCKET comply fully with section 303(c)(2)(B) of CFR part 131. These pollutants are index at http://www.epa.gov/edocket. the Clean Water Act (‘‘CWA’’) (57 FR Nickel (acute), Selenium (acute and

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63080 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

chronic), Zinc (acute), EPA took final action on all new and • Lead (aquatic life—freshwater Pentachlorophenol (acute), and revised provisions of the 1990 Puerto (acute and chronic) and marine water Toxaphene (acute). Today, EPA is Rico Water Quality Standards (acute and chronic)), withdrawing Federal water quality Regulation (PRWQSR) on March 28, • Mercury (aquatic life—freshwater criteria applicable to Alaska for the 2002, after it received the required (acute), aquatic life—marine water freshwater and marine aquatic life certification. EPA Region 2 approved (acute), and human health—water & criteria. Puerto Rico’s numeric criteria because organism and organism only), they were consistent with the CWA and • Nickel (all), Arkansas EPA’s implementing regulations at 40 • Selenium (aquatic life—freshwater On January 23,1998, Arkansas CFR 131.11. For all of these pollutants, (acute and chronic) and marine water adopted revisions to its surface water the criteria were no less stringent than (acute and chronic)), quality standards (Regulation 2, the promulgated Federal criteria in the • Silver (aquatic life—freshwater Establishing Water Quality Standards NTR. (acute) and aquatic life—marine water for the Surface Waters of the State of Meanwhile, in October 2001, Puerto (acute)), Arkansas, Minute Order 98–03). Rico began an effort to revise the • Zinc (aquatic life—freshwater Arkansas adopted acute and/or chronic PRWQSR. This effort included adopting (acute and chronic) and marine water freshwater aquatic life criteria as noted numerous chemical-specific numeric (acute and chronic)), and conversion factors for these metals criteria for toxic pollutants contained in • Cyanide (all), • contained in the NTR: the NTR. EPA Region 2 approved Puerto Asbestos (human health—water & • Cadmium (acute and chronic), Rico’s criteria on June 26, 2003, since organism), • • Chromium (III) (acute and chronic), the adopted numeric criteria for the Acrolein (human health—water & • Chromium (VI) (acute and chronic), protection of aquatic life and human organism and organism only), • Copper (acute and chronic), • Acrylonitrile (human health—water • health were consistent with the CWA Lead (acute and chronic), and EPA’s implementing regulations at & organism and organism only), • Mercury (acute and chronic), • 40 CFR 131.11. With few exceptions, the Benzene (human health—water & • Nickel (acute and chronic), adopted criteria were identical to EPA’s organism and organism only), • Selenium (acute and chronic), • Bromoform (human health—water • April 1999 national recommended water Silver (acute), and Zinc (acute and & organism and organism only), chronic). quality criteria. In most cases, these • criteria were no less stringent than the Carbon Tetrachloride (human Arkansas also adopted acute and health—water & organism and organism chronic freshwater aquatic life criteria promulgated Federal criteria in the NTR. Puerto Rico adopted several only), for Cyanide. EPA Region 6 approved the • Chlorobenzene (human health— State’s dissolved metals criteria and criteria that are less stringent than the promulgated Federal criteria in the water & organism and organism only), Cyanide criteria on May 17, 2001, • Chlorodibromomethane (human NTR. Consequently, EPA is not because Arkansas’s numeric criteria health—water & organism and organism including any of these pollutants in were consistent with both the CWA and only), today’s withdrawal of NTR criteria EPA’s implementing regulations at 40 regulatory requirements that might applicable to waters in Puerto Rico. The CFR part 131. With the adoption of significantly or uniquely affect small criteria adopted by Puerto Rico and these numeric criteria, Arkansas governments and is therefore not subject approved by EPA but not included in complied with the requirements of to UMRA section 203. today’s rulemaking are: section 303(c)(2)(B) of the CWA to have • Chloroform (human health—water • Dichlorobromomethane, numeric criteria for toxic pollutants. • & organism and organism only), Today, EPA is withdrawing Arkansas Benzo(a)Anthracene, • • 1,2-Dichloroethane (human from the NTR for those criteria and, as Benzo(a)Pyrene, • health—water & organism and organism a result, completely removing Arkansas Benzo(b)Flouranthene, • only), from the NTR. Benzo(k)Flouranthene, • • 1,1-Dichloroethylene (human Chrysene, health—water & organism and organism Puerto Rico • Dibenzo(a,h)Anthracene, • only), On September 21, 1990, EPA Region Indeno(1,2,3-cd)Pyrene, and • 1,3-Dichloropropylene (human • 2 received revisions to Puerto Rico’s Isophrone. health—water & organism and organism water quality standards. The Chairman Today, EPA is removing Puerto Rico only), of the Puerto Rico Environmental from the NTR only for those pollutants • Ethylbenene (human health—water Quality Board (PREQB) informed EPA whose criteria are no less stringent than & organism and organism only), that it may not be the final submission, those in the NTR. • Methyl Bromide (human health— since PREQB had not completed its EPA is removing Puerto Rico from the water & organism and organism only), public hearing process. Because of this NTR for the following pollutants: • Methylene Chloride (human caveat, and because Puerto Rico had not • Antimony (human health—water & health—water & organism and organism submitted the requisite certification organism and organism only), only), from its Secretary of Justice as required • Arsenic (all), • 1,1,2,2-Tetrachloroethane (human by 40 CFR 131.6(e), EPA Region 2 did • Cadmium (aquatic life—freshwater health—water & organism and organism not act on these revisions immediately. (acute and chronic) and marine water only), As previously noted, EPA included (acute and chronic)), • Tetrachloroethylene (human Puerto Rico in the NTR in 1992, in large • Chromium III (aquatic life— health—water & organism and organism part because EPA did not consider freshwater (acute and chronic)), only), Puerto Rico’s 1990 revisions adopted. • Chromium VI (aquatic life— • Toluene (human health—water & The Commonwealth’s Secretary of freshwater (acute and chronic)), organism and organism only), Justice ultimately submitted the • Copper (aquatic life—freshwater • 1,1,2-Trichloroethane (human required certification to EPA on (acute and chronic) and marine water health—water & organism and organism February 25, 2002. (acute and chronic)), only),

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63081

• Trichloroethylene (human health— • Hexachloroethane (human health— apply to Alaska, Arkansas, and Puerto water & organism and organism only), water & organism and organism only), Rico. • Vinyl Chloride (human health— • Nitrobenzene (human health— water & organism and organism only), water & organism and organism only), C. Regulatory Flexibility Act • • 2,4-Dichlorophenol (human N-Nitroso-dimethylamine (human The Regulatory Flexibility Act (RFA) health—water & organism and organism health—water & organism and organism (5 U.S.C. 601 et seq.), as amended by the only), only), Small Business Regulatory Enforcement • 2-Methyl-4,6-Dinitrophenol (human • N-Nitrosodiphenylamine (human Fairness Act of 1996, generally requires health—water & organism and organism health—water & organism and organism an agency to prepare a regulatory only), only), flexibility analysis of a rule that is • Pentachlorophenol (human • Pyrene (human health—water & subject to notice and comment health—water & organism and organism organism and organism only), only), • Aldrin (aquatic life—freshwater rulemaking requirements under the • Phenol (human health—water & (acute), aquatic life—marine water Administrative Procedure Act or any organism and organism only), (acute), and human health—water & other statute unless the agency certifies • 2,4,6-Trichlorohenol (human organism and organism only), that the rule will not have significant health—water & organism and organism • gamma-BHC (aquatic life— economic impact on a substantial only), freshwater (acute), aquatic life—marine number of small entities. This rule • Anthracene (human health—water water (acute), and human health—water imposes no regulatory requirements or & organism and organism only), & organism and organism only), costs on any small entity. Therefore, I • Benzidene (human health—water & • Chlordane, certify that this action will not have a organism and organism only), • 4,4-DDT, 4,4-DDE (human health— significant economic impact on a • Bis (2-Chloroethyl) Ether (human water & organism and organism only), substantial number of small entities. health—water & organism and organism • 4,4-DDD (human health—water & D. Unfunded Mandates Reform Act only), organism and organism only), • Bis (2-Chloroisopropyl) Ether • Dieldrin (all), Title III of the Unfunded Mandates (human health—water & organism and • a-Endosulfan (aquatic life— Reform Act (UMRA) (Public Law 104– organism only), freshwater (acute and chronic) and • 4) establishes requirements for Federal Bis (2-Ethylhexyl) Phthalate human health—water & organism and (human health—water & organism and agencies to assess the effects of their organism only), regulatory actions on State, Tribal, and organism only), • b-Endosulfan (aquatic life— • 1,2-Dichlorobenzene (human local governments and the private freshwater (acute and chronic) and sector. Today’s rule contains no Federal health—water & organism and organism human health—water & organism and only), mandates (under the regulatory • organism only), provisions of Title II of the UMRA) for 1,3-Dichlorobenzene (human • Endrin (aquatic life—freshwater health—water & organism and organism State, Tribal, or local governments or (acute), aquatic life—marine (acute and the private sector because it imposes no only), chronic), and human health—water & • enforceable duty on any of these 1,4-Dichlorobenzene (human organism and organism only), entities. Thus, today’s rule is not subject health—water & organism and organism • Heptachlor (all), and to the requirements of UMRA sections only), • Toxaphene (all). • 3,3-Dichlorobenzidene (human 202 and 205 for a written statement and health—water & organism and organism III. Statutory and Executive Order small government agency plan. only), Reviews Similarly, EPA has determined that this • Diethyl Phthalate (human health— A. Executive Order 12866—Regulatory rule contains no regulatory water & organism and organism only), Planning and Review requirements that might significantly or • Dimethyl Phthalate (human uniquely affect small governments and health—water & organism and organism This action withdraws Federal is therefore not subject to UMRA section only), requirements applicable to Alaska, 203. • Di-n-Butyl-Phthalate (human Arkansas, and Puerto Rico, and imposes health—water & organism and organism no regulatory requirements or costs on E. Executive Order 13132—Federalism any person or entity, does not interfere only), Executive Order 13132, entitled • 2,4-Dinitrotoluene (human health— with the action or planned action of ‘‘Federalism’’ (64 FR 43255, August 10, water & organism and organism only), another agency, and does not have any 1999), requires EPA to develop an • 1,2-Diphenylhydrazine (human budgetary impacts or raise novel legal or health—water & organism and organism policy issues. Thus, it has been accountable process to ensure State and only), determined that this rule is not a local government officials have an • Fluoranthene (human health— ‘‘significant regulatory action’’ under opportunity to provide input in the water & organism and organism only), the terms of Executive Order 12866 (58 development of regulatory policies that • Fluorene (human health (water & FR 51735, October 4, 1993) and is have substantial direct effects on the organism)), therefore not subject to the Office of States, on the relationship between the • Hexachlorobenzene (human Management and Budget (OMB) review. national government and the States, or health—water & organism and organism on the distribution of power and B. Paperwork Reduction Act only), responsibilities among the various • Hexachlorbutadiene (human This rule does not impose an levels of governments. This rule health—water & organism and organism information collection burden under the imposes no regulatory requirements or only), provisions of the Paperwork Reduction costs on any State or local governments; • Hexachlorocyclopentadiene Act of 1995 because it is therefore, it does not have Federalism (human health—water & organism and administratively withdrawing Federal implications under Executive Order organism only), requirements that no longer need to 13132.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63082 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

F. Executive Order 13175—Consultation not a significant regulatory action under the Federal Register. This action is not and Coordination With Indian Tribal Executive Order 12866. a ‘‘major rule’’ as defined by 5 U.S.C. Governments 804(2). I. National Technology Transfer and Again, this rule imposes no regulatory Advancement Act List of Subjects in 40 CFR Part 131 requirements or costs on any Tribal The requirements of section 12(d) of Environmental protection, Indians— government. It does not have substantial the National Technology Transfer and lands, Intergovernmental relations, direct effects on Tribal governments, on Advancement Act of 1995 (15 U.S.C. Reporting and recordkeeping the relationship between the Federal 272 note) do not apply because this rule requirements, Water pollution control. government and Indian tribes, or on the does not involve technical standards. distribution of power and Dated: September 30, 2004. responsibilities between the Federal J. Congressional Review Act Michael O. Leavitt, Administrator. government and Indian tribes, as The Congressional Review Act, 5 specified in Executive Order 13175, U.S.C. 801 et seq., as added by the Small I For reasons set out in the preamble of entitled ‘‘Consultation and Coordination Business Regulatory Enforcement title 40, chapter I, of the Code of Federal with Indian Tribal Governments’’ (59 FR Fairness Act of 1996, generally provides Regulations is amended as follows: 22951, November 6, 2000). that before a rule may take effect, the PART 131—WATER QUALITY agency promulgating the rule must G. Executive Order 13045—Protection of STANDARDS Children From Environmental Health submit a rule report, which includes a and Safety Risks copy of the rule, to each House of the I 1. The authority citation for part 131 Congress and to the Comptroller General continues to read as follows: This rule is not subject to Executive of the United States. Section 808 allows Authority: 33 U.S.C. 1251 et seq. Order 13045, entitled ‘‘Protection of the issuing agency to make a rule Children from Environmental Health effective sooner than otherwise § 131.36 [Amended] Risks and Safety Risks’’ (62 FR 19885, provided by the CRA if the agency I 2. Section 131.36 is amended as April 23, 1997), because it is not makes a good cause finding that notice economically significant and EPA has follows: and public procedure is impracticable, I a. Revising the table in paragraph no reason to believe the environmental unnecessary or contrary to public health or safety risks addressed by this (d)(4)(ii), interest. This determination must be I b. Revising the table in paragraph action present a disproportionate risk to supported by a brief statement. 5 U.S.C. children. (d)(12)(ii), and 808(2). As stated previously, EPA has I c. Removing and reserving paragraph H. Executive Order 13211—Actions made such a good cause finding, (d)(8). That Significantly Affect Energy Supply, including reasons therefore, and Distribution, or Use established an effective date of October § 131.36 Toxics criteria for those states 29, 2004. EPA will submit a report not complying with Clean Water Act section This rule is not subject to Executive containing this rule and other required 303(c)(2)(B). Order 13211, ‘‘Actions Concerning information to the U.S. Senate, the U.S. * * * * * Regulations That Significantly Affect House of Representatives, and the (d) * * * Energy Supply, Distribution, or Use’’ (66 Comptroller General of the United (4) * * * FR 28355, May 22, 2001), because it is States prior to publication of the rule in (ii) * * *

Use classification Applicable criteria

Class SD ...... Column B1—# 118. Column B2—#s 8, 105, 115, 118, 119, 120, 121, 122, 123,124, 125a, 125b. Column D1—#s 12, 16, 27, 60, 61, 62, 64, 73, 74, 92,93, 103, 104, 114, 116, 118, 119, 120, 121, 122, 123,124, 125a, 125b. Class SB, Class SC ...... Column C1—#s 5b, 112, 113, 118. Column C2—#s 5b, 8, 112, 113, 118, 119, 120, 121, 122,123, 124, 125a, 125b. Column D2—#s 12, 16, 27, 60, 61, 62, 64, 73, 74, 87,92, 93, 103, 104, 114, 116, 118, 119, 120, 121, 122,123, 124, 125a, 125b.

* * * * * (ii) * * * (12) * * *

Use classification Applicable criteria

(1)(A)(i) ...... Column D1—#s 16, 18–21, 23, 26, 27, 29, 30, 32, 37, 38, 42–44, 53, 55, 59–62, 64, 66, 68, 73, 74, 78, 82, 85, 88, 89, 91–93, 96, 98, 102–105, 107–111, 117–126. (1)(A)(iii) ...... Column D2—#s 14, 16, 18–21, 22, 23, 26, 27, 29, 30, 32, 37, 38, 42– 44, 46, 53, 54, 55, 59–62, 64, 66, 68, 73, 74, 78, 82, 85, 88–93, 95, 96, 98, 102–105, 107–111, 115–126. (1)(B)(i), (1)(B)(ii), (1)(C) ...... Column D2—#s 14, 16, 18–21, 22, 23, 26, 27, 29, 30, 32, 37, 38, 42– 44, 46, 53, 54, 55, 59–62, 64, 66, 68, 73, 74, 78, 82, 85, 88–93, 95, 96, 98, 102–105, 107–111, 115–126.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63083

Use classification Applicable criteria

(2)(A)(i), (2)(B)(i), and (2)(B)ii, (2)(C), (2)(D) ...... Column D2—#s 14, 16, 18–21, 22, 23, 26, 27, 29, 30, 32, 37, 38, 42– 44, 46, 53, 54, 55, 59–62, 64, 66, 68, 73, 74, 78, 82, 85, 88–93, 95, 96, 98, 102–105, 107–111, 115–126.

* * * * * ADDRESSES: To submit a written commercial applicators; farmers; [FR Doc. 04–24242 Filed 10–28–04; 8:45 am] objection or hearing request follow the greenhouse, nursery, and floriculture BILLING CODE 6560–50–P detailed instructions as provided in workers. Unit VII. of the SUPPLEMENTARY This listing is not intended to be INFORMATION. EPA has established a exhaustive, but rather provides a guide ENVIRONMENTAL PROTECTION docket for this action under Docket for readers regarding entities likely to be AGENCY identification (ID) number OPP–2004– affected by this action. Other types of 0325. All documents in the docket are entities not listed in this unit could also 40 CFR Part 180 listed in the EDOCKET index at http:/ be affected. The North American /www.epa.gov/edocket. Although listed Industrial Classification System [OPP–2004–0325; FRL–7681–9] in the index, some information is not (NAICS) codes have been provided to publicly available, i.e., CBI or other assist you and others in determining Pyraclostrobin; Pesticide Tolerances information whose disclosure is whether this action might apply to AGENCY: Environmental Protection restricted by statute. Certain other certain entities. If you have any Agency (EPA). material, such as copyrighted material, questions regarding the applicability of this action to a particular entity, consult ACTION: Final rule. is not placed on the Internet and will be publicly available only in hard copy the person listed under FOR FURTHER SUMMARY: This regulation establishes form. Publicly available docket INFORMATION CONTACT. tolerances for the combined residues of materials are available either B. How Can I Access Electronic Copies pyraclostrobin (carbamic acid, [2-[[[1-(4- electronically in EDOCKET or in hard of this Document and Other Related chlorophenyl)-1H-pyrazol-3- copy at the Public Information and Information? yl]oxy]methyl]phenyl]methoxy-, methyl Records Integrity Branch (PIRIB), Rm. ester) and its desmethoxy metabolite 119, Crystal Mall #2, 1801 S. Bell St., In addition to using EDOCKET (http:/ (methyl-N-[[[1-(4-chlorophenyl) pyrazol- Arlington, VA. This docket facility is /www.epa.gov/edocket/), you may access this Federal Register document 3-yl]oxy]o-tolyl] carbamate), expressed open from 8:30 a.m. to 4 p.m., Monday electronically through the EPA Internet as parent compound in or on apple, wet through Friday, excluding legal under the ‘‘Federal Register’’ listings at pomace; brassica, head and stem, holidays. The docket telephone number http://www.epa.gov/fedrgstr/. A subgroup; brassica, leafy greens, is (703) 305–5805. frequently updated electronic version of subgroup; corn, field, grain; corn, field, FOR FURTHER INFORMATION CONTACT: 40 CFR part 180 is available at E-CFR forage; corn, field, stover; corn, field, Dennis McNeilly, Registration Division Beta Site Two at http:// refined oil; corn, pop, grain; corn, pop, (7505C), Office of Pesticide Programs, www.gpoaccess.gov/ecfr/. To access the stover; corn, sweet, kernel plus cob with Environmental Protection Agency, 1200 OPPTS Harmonized Guidelines husks removed; corn, sweet, forage; Pennsylvania Ave., NW.,Washington, referenced in this document, go directly DC 20460–0001; telephone number: corn, sweet, stover; fruit, pome, group; to the guidelines at http://www.epa.gpo/ (703) 308–6742; e-mail address: hop, dried cones; legume, forage, except opptsfrs/home/guidelin.htm/. peanut and soybean; pea, succulent; pea [email protected]. and bean, dried shelled, except soybean, SUPPLEMENTARY INFORMATION: II. Background and Statutory Findings subgroup; peppermint; soybean, forage; In the Federal Register of August 13, I. General Information soybean, hay; soybean, hulls; soybean, 2003 (68 FR 48367) (FRL–7320–6), EPA seed; spearmint; sunflower; vegetable, A. Does this Action Apply to Me? issued a notice pursuant to section leafy, except brassica, group; vegetable, You may be potentially affected by 408(d)(3) of FFDCA, 21 U.S.C. leaves of root and tuber, except sugar this action if you are an agricultural 346a(d)(3), announcing the filing of beet; and vegetable, legume, edible producer, food manufacturer, or three pesticide petitions (PP 2E6473, podded, subgroup. This regulation also pesticide manufacturer. Potentially 3E6548, and 3E6553) by Interregional increases the tolerances for citrus, dried affected entities may include, but are Research Project Number 4 (IR-4), 681 pulp; citrus, oil; fruit, citrus, group; and not limited to: U.S. Highway #1 South, North strawberry and removes the currently • Crop production (NAICS 111), e.g., Brunswick, NJ 08902–3390. The existing tolerance for bean, dry, seed. agricultural workers; greenhouse, petitions requested that 40 CFR 180.582 The latter tolerance is superseded by the nursery, and floriculture workers; be amended by establishing tolerances tolerance for pea and bean, dried commercial applicators; farmers. for the combined residues of the shelled, except soybean, subgroup. • Animal production (NAICS 112), fungicide carbamic acid, [2-[[[1-(4- BASF Corporation and Interregional e.g., cattle ranchers and farmers, dairy chlorophenyl)-1H-pyrazol-3- Research Project Number 4 (IR-4) cattle farmers, livestock farmers. yl]oxy]methyl]phenyl]methoxy-, methyl requested these tolerances under the • Food manufacturing (NAICS 311), ester], pyraclostrobin, and methyl-N- Federal Food, Drug, and Cosmetic Act e.g., food manufacturing plant [[[1-(4-chlorophenyl) pyrazol-3-yl]oxy]o- (FFDCA), as amended by the Food employees; produce truck drivers; waste tolyl] carbamate, the desmethoxy Quality Protection Act of 1996 (FQPA). disposal truck drivers; consumers. metabolite of pyraclostrobin, expressed DATES: This regulation is effective • Pesticide manufacturing (NAICS as parent compound], in or on brassica, October 29, 2004. Objections and 32532), e.g., pesticide manufacturing head and stem, subgroup at 5 ppm (PP requests for hearings must be received plant employees; pesticide distribution 3E6553); lettuce, head at 22 ppm (PP on or before December 28, 2004. employees; agricultural workers; 2E6473); lettuce, leafy at 22 ppm (PP

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63084 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

2E6473); and vegetable, leaves of root amended by removing the tolerance for relevant information in support of this and tuber, group at 16 ppm (PP 3E6548). the combined residues of pyraclostrobin action. EPA has sufficient data to assess In the Federal Register of August 27, and the desmethoxy metabolite of the hazards of and to make a 2004 (69 FR 52670) (FRL–7676–9), EPA pyraclostrobin, expressed as parent determination on aggregate exposure, issued a notice pursuant to section compound, in or on bean, dry, seed at consistent with section 408(b)(2) of 408(d)(3) of FFDCA, 21 U.S.C. 0.3 ppm. The latter tolerance has been FFDCA, to establish (or increase) 346a(d)(3), announcing the filing of superseded by the tolerance for pea and tolerances for the combined residues of three pesticide petitions (PP 0F6139, bean, dried shelled, except soybean, carbamic acid, [2-[[[1-(4-chlorophenyl)- 2F6431, and 3F6581) by BASF subgroup at 0.3 ppm. 1H-pyrazol-3- Corporation, Research Triangle Park, NC In the Federal Register of August 30, yl]oxy]methyl]phenyl]methoxy-, methyl 27709 and one pesticide petition (PP 2004 (68 FR 52891) (FRL–7676–8), EPA ester, pyraclostrobin, and methyl-N-[[[1- 3E6774) by Interregional Research issued a notice pursuant to section (4-chlorophenyl) pyrazol-3-yl]oxy]o- Project Number 4 (IR-4), 681 U.S. 408(d)(3) of FFDCA, 21 U.S.C. tolyl] carbamate, the desmethoxy Highway #1 South, North Brunswick, NJ 346a(d)(3), announcing the filing of a metabolite of pyraclostrobin, expressed 08902–3390. The petitions requested pesticide petition (PP 4F6850) by BASF as parent compound in or on apple, wet that 40 CFR 180.582 be amended by Corporation, Research Triangle Park, NC pomace 8.0 ppm; brassica, head and establishing tolerances for the combined 27709. The petition requested that 40 stem, subgroup at 5.0 ppm; brassica, residues of the fungicide carbamic acid, CFR 180.582 be amended by increasing leafy greens, subgroup at 16.0 ppm; the tolerance for the combined residues [2-[[[1-(4-chlorophenyl)-1H-pyrazol-3- citrus, dried pulp at 12.5 ppm of the fungicide carbamic acid, [2-[[[1- yl]oxy]methyl]phenyl]methoxy-, methyl (increased from 5.5 ppm); citrus, oil at (4-chlorophenyl)-1H-pyrazol-3- ester, pyraclostrobin, and methyl-N-[[[1- 9.0 ppm (increased from 4.0 ppm); corn, yl]oxy]methyl]phenyl]methoxy-,methyl (4-chlorophenyl) pyrazol-3-yl]oxy]o- field, grain at 0.1 ppm; corn, field, ester, pyraclostrobin, and methyl-N-[[[1- tolyl] carbamate, the desmethoxy forage at 5.0 ppm; corn, field, stover at (4-chlorophenyl) pyrazol-3-yl]oxy]o- metabolite of pyraclostrobin, expressed 17.0 ppm; corn, field, refined oil at 0.2 tolyl] carbamate, the desmethoxy as parent compound, in or on apple, wet ppm; corn, pop, grain at 0.1 ppm; corn, metabolite of pyraclostrobin, expressed pop, stover at 17.0 ppm; corn, sweet, pomace at 8.0 ppm (PP 2F6431); as parent compound, in or on kernel plus cob with husks removed at brassica, leafy greens, subgroup at 16.0 strawberry to 1.5 ppm. 0.04 ppm; corn, sweet, forage at 5.0 ppm (PP 3F6581); corn, field, grain at Section 408(b)(2)(A)(i) of FFDCA ppm; corn, sweet, stover at 23.0 ppm; 0.1 ppm (PP 2F6431); corn, field, forage allows EPA to establish a tolerance (the fruit, citrus, group at 2.0 ppm (increased at 5.0 ppm (2F6431); corn, field, stover legal limit for a pesticide chemical from 0.7 ppm); fruit, pome, group at 1.5 at 17.0 ppm (PP 2F6431); corn, field, residue in or on a food) only if EPA ppm; hop, dried cones at 23.0 ppm; refined oil at 0.2 ppm (PP 2F6431); corn, determines that the tolerance is ‘‘safe.’’ legume, forage, except peanut and pop, grain at 0.1 ppm (PP 2F6431); corn, Section 408(b)(2)(A)(ii) of FFDCA soybean at 25.0 ppm; pea, succulent at pop, stover at 17.0 ppm (PP 2F6431); defines ‘‘safe’’ to mean that‘‘there is a 0.2 ppm; pea and bean, dried shelled, corn, sweet, kernel plus cob with husks reasonable certainty that no harm will except soybean, subgroup at 0.3 ppm; removed at 0.04 ppm (PP 2F6431); corn, result from aggregate exposure to the peppermint at 8.0 ppm; soybean, forage sweet, forage at 5.0 ppm (PP 2F6431); pesticide chemical residue, including at 5.0 ppm; soybean, hay at 7.0 ppm; corn, sweet, stover at 23.0 ppm (PP all anticipated dietary exposures and all soybean, hulls at 0.06 ppm; soybean, 2F6431); fruit, pome, group 11 at 1.5 other exposures for which there is seed at 0.04 ppm; spearmint at 8.0 ppm; ppm (PP 2F6431); hop, dried, cones at reliable information.’’ This includes strawberry at 1.5 ppm (a temporary 23.0 ppm (PP 2F6431); legume, forage, exposure through drinking water and in increased tolerance with an expiration except peanut and soybean at 25.0 ppm residential settings, but does not include date of December 31, 2005); sunflower (PP 2F6431); pea, succulent at 0.2 ppm occupational exposure. Section at 0.3 ppm; vegetable, legume, edible (PP 2F6431); pea and bean, dried 408(b)(2)(C) of FFDCA requires EPA to podded, subgroup at 0.5 ppm; vegetable, shelled, except soybean, subgroup at 0.3 give special consideration to exposure leafy, except brassica, group at 29.0 ppm (PP 0F6139); peppermint at 8.0 of infants and children to the pesticide ppm; and vegetable, leaves of root and ppm (PP2F6431); soybean, forage at 5.0 chemical residue in establishing a tuber, except sugar beet at 16.0 ppm ppm (PP 3F6581); soybean, hay at 7.0 tolerance and to ‘‘ensure that there is a ppm. EPA’s assessment of exposures ppm (PP 3F6581); soybean, hulls at 0.06 reasonable certainty that no harm will and risks associated with establishing ppm (PP 3F6581); soybean, seed at 0.04 result to infants and children from the tolerances follows. ppm (PP 3F6581); spearmint at 8.0 ppm aggregate exposure to the pesticide A. Toxicological Profile (PP 2F6431); sunflower at 0.3 ppm (PP chemical residue....’’ 2F6431); vegetable, leafy, except EPA performs a number of analyses to EPA has evaluated the available brassica, group at 29.0 ppm (PP determine the risks from aggregate toxicity data and considered their 3E6774); and vegetable, legume, edible exposure to pesticide residues. For validity, completeness, and reliability as podded, subgroup at 0.5 ppm (PP further discussion of the regulatory well as the relationship of the results of 2F6431). Tolerance petition 3F6581 also requirements of section 408 of FFDCA the studies to human risk. EPA has also requests that 40 CFR 180.582 be and a complete description of the risk considered available information amended by increasing the tolerances assessment process, see the final rule on concerning the variability of the for the combined residues of Bifenthrin Pesticide Tolerances (62 FR sensitivities of major identifiable pyraclostrobin and the desmethoxy 62961, November 26, 1997) (FRL–5754– subgroups of consumers, including metabolite of pyraclostrobin, expressed 7). infants and children. The nature of the as parent compound, in or on citrus, toxic effects caused by pyraclostrobin dried pulp to 12.5 ppm (PP 3F6581); III. Aggregate Risk Assessment and are discussed in Table 1 of this unit as citrus, oil to 9.0 ppm (PP 3F6581); and Determination of Safety well as the no observed adverse effect fruit, citrus, group to 2.0 ppm (PP Consistent with section 408(b)(2)(D) level (NOAEL) and the lowest observed 3F6581). Tolerance petition 0F6139 also of FFDCA, EPA has reviewed the adverse effect level (LOAEL) from the requests that 40 CFR 180.582 be available scientific data and other toxicity studies reviewed.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63085

TABLE 1.—SUBCHRONIC, CHRONIC AND OTHER TOXICITY PROFILE

Guideline No. Study Type Results

870.3100 90-Day oral toxicity-rat The study is acceptable/guideline. Dosing levels were 0, 50, 150, 500, 1,000, and 1,500 ppm (males: 0, 3.5, 10.7, 34.7, 68.8, and 105.8 mg/kg/day; females: 0, 4.2, 12.6, 40.8, 79.7, and 118.9 mg/kg/ day). The NOAEL was 10.7 mg/kg/day. The LOAEL was 34.7 mg/kg/day based on reduced body weight and weight gain in males, reduced food intake in both sexes, increased relative liver weight and spleen weight in females, the histopathology of the duodenum and liver in males, and the histopathology of the spleen in both sexes.

870.3100 90-Day oral toxicity- The study is acceptable/guideline. mouse Dosing levels were 0, 50, 150, 500, 1,000, and 1,500 ppm (males: 0, 9.2, 30.4, 119.4, 274.4, and 475.5 mg/kg/day; females: 0, 12.9, 40.4, 162.0, 374.1, and 634.8 mg/kg/day). The NOAEL was 9.2 mg/kg/day. The LOAEL was 30.4 mg/kg/day based on reduced body weight and body weight gain in males, changes in clinical chemistry (increased urea and decreased triglycerides) in both sexes, and increased incidences in females of lymph node apoptosis, thymus atrophy, and ulceration and erosion in the glandular stomach.

870.3150 90-Day oral toxicity-dog The study is acceptable/guideline. The dosing levels were 0, 100, 200, and 450 ppm (males: 0, 2.8, 5.8, and 12.9 mg/ kg/day; females: 0, 3.0, 6.2, and 13.6 mg/kg/day). The NOAEL was 5.8 mg/kg/day. The LOAEL was 12.9 mg/kg/day based on increased diarrhea, clinical chemistry changes, and increased incidence of thickening and mucosal hypertrophy of the duodenum in both sexes; and body weight loss, reduced food intake, and reduced food efficiency in females.

870.3050 28-Day oral toxicity-rat The study is acceptable/guideline. The dosing levels were 0, 20, 100, 500, and 1,500 ppm (males: 0, 1.8, 9.0, 42.3, and 120.2 mg/kg/day; females: 0, 2.0, 9.6, 46.6, and 126.3 mg/kg/day. The NOAEL was 9.0 mg/kg/day. The LOAEL was 42.3 mg/kg/day based on changes in hematology parameters, in- creased absolute and relative spleen weight, histopathology in spleen and liver, and increased duodenal mucosal hyperplasia in both sexes.

870.3200 28-Day dermal toxicity-rat This study was judged to be unacceptable/guideline because a higher dose could have been tolerated and the limit dose is 1,000 mg/kg/day. The dosing levels were 0, 40, 100, 250 mg/kg for 5 days/wk The dermal NOAEL was 40 mg/kg/day. The dermal LOAEL was 100 mg/kg/day based on scale formation, hyperkeratosis, and epidermal thickening.

870.3465 28-Day inhalation toxicity- Study pending. rat Required due to the potential for occupational/residential exposure via this route.

870.3700 Prenatal development-rat The study is acceptable/guideline. The dosing levels were 0, 10, 25, 50 mg/kg/day. The maternal NOAEL was 10 mg/kg/day; the maternal LOAEL was 25 mg/kg/day based on reduced body weight, body weight gain, food intake, and food efficiency. The developmental NOAEL was 25 mg/kg/day; the developmental LOAEL was 50 mg/kg/day based on increased incidences of dilated renal pelvis and cervical ribs with no cartilage.

870.3700 Prenatal development-rab- This study is acceptable/guideline. bit The dosing levels were 0, 1, 3, 5, 10, and 20 mg/kg/day. The maternal NOAEL was 5 mg/kg/day The maternal LOAEL was 10 mg/kg/day based on reduced body weight gain, re- duced food intake, and reduced food efficiency. The developmental NOAEL was 5 mg/kg/day; the developmental LOAEL was 10 mg/kg/day based on increased resorption and post-implantation loss.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63086 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

TABLE 1.—SUBCHRONIC, CHRONIC AND OTHER TOXICITY PROFILE—Continued

Guideline No. Study Type Results

870.3800 Two generation reproduc- This study is acceptable/guideline when combined with the one generation prelimi- tion study-rat nary study (below). The dosing levels were 0, 25, 75, and 300 ppm (F0 males: 0, 2.5, 7.4, and 29.0 mg/ kg/day; F0 females 0, 2.6, 7.8, and 30.4 mg/kg/day; F1 males: 0, 2.8, 8.6, and 35.0 mg/kg/day; F1 females: 0, 3.0, 9.0, and 36.0 mg/kg/day. The parental/systemic NOAEL was 29 mg/kg/day. The parental/systemic LOAEL was greater than 29 mg/kg/day based on no observed effects. The reproductive NOAEL was 29 mg/kg/day. The reproductive LOAEL was greater than 29 mg/kg/day based on no observed ef- fects. The offspring NOAEL was 29 mg/kg/day. The offspring LOAEL was greater than 29 mg/kg/day based on no observed effects.

870.3800 One-generation reproduc- The dosing levels were 0, 200, 400, and 600 ppm (F0 males: 0, 20.5, 39.9, and 59.1 tion study-rat mg/kg/day; F0 females: 0, 21.3, 42.5, and 60.4 mg/kg/day). The offspring NOAEL was less than 20.5 mg/kg/day. The offspring LOAEL was 20.5 mg/kg/day based on decreased pup body weight and body weight gain on and after post-natal day 7.

870.4100 Chronic toxicity-rat This study was judged to be unacceptable/guideline. The dosing levels were 0, 25, 75, and 200 ppm (males: 0, 1.1, 3.4, and 9.0 mg/kg/ day; females: 0, 1.5, 4.6, and 12.3 mg/kg/day. The NOAEL was 9.0 mg/kg/day and the LOAEL was greater than 9.0 mg/kg/day, so the Agency judged the study to be unacceptable because the highest dosing level was insufficient to produce a significant toxicological response.

870.4100 Chronic toxicity-dog This study is acceptable/guideline. The dosing levels were 0, 100, 200, and 400 ppm (males: 0, 2.7, 5.4, and 10.8 mg/ kg/day; female: 0, 2.7, 5.4, and 11.2 mg/kg/day. The NOAEL was 5.4 mg/kg/day. The LOAEL was 10.8 mg/kg/day based on increased diarrhea and clinical chemistry changes in both sexes (decreased cholesterol, protein, albumin, and globulin); and reduced body weight gain and food intake and efficiency in females.

870.4200 Carcinogenicity-rat This study is acceptable/guideline. The dosing levels were 0, 25, 75, and 200 ppm (males: 0, 1.2, 3.4, and 9.2 mg/kg/ day; females: 0, 1.5, 4.7, and 12.6 mg/kg/day). The NOAEL was 3.4 mg/kg/day. The LOAEL was 9.2 mg/kg/day based on reduced body weight and body weight gain, kidney atrophy and tubular casts in both sexes, and hepatic necrosis plus gross and microscopic ulcerations and lesions in the glandular and fore-stomachs in males. There was no evidence of carcinogenicity.

870.4300 Carcinogenicity-mouse This study was judged to be unacceptable/guideline. The dosing levels for males were 0, 10, 30, and 120 ppm (0, 1.4, 4.1, and 17.2 mg/ kg/day). The dosing levels for females were 0, 10, 30, 120, and 180 ppm (0, 1.6, 4.8, 20.5, and 32.8 mg/kg/day). The NOAEL for males was 4.1 mg/kg/day and for females was 32.8 mg/kg/day. The LOAEL for males was 17.1 mg/kg/day based on decrease of 20% in body weight gain at 13 weeks that was supported by the results of a 90-day study. The LOAEL for females was greater than 32.8 mg/kg/day. The Agency judged the highest dosing level to be inadequate in females because it did not produce a significant toxicological response. There was no evidence of carcinogenicity

870.5100 Gene mutation: Bacterial This study is acceptable/guideline. reverse mutation assay The results were negative ± S9 up to 5,000 µg/plate by standard plate and tube preincubation. There was no cytotoxicity at any dose but there was precipitation at ≥2,500 µg/plate.

870.5300 Gene mutation: Mamma- This study is acceptable/guideline. lian cell culture The results were negative ± S9 up to cytotoxic and precipitating concentration of 20 µg/mL.

870.5375 Cytogenetics (in vitro): This study is acceptable/guideline. Chromosomal aberra- The results were negative ± S9 for clastogenic/aneugenic activity up to 25 µg/mL. tions Precipitation and cytotoxicity (reduced cell attachment and poor quality of meta- phases) were seen at concentrations ≥ü50 µg/mL.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63087

TABLE 1.—SUBCHRONIC, CHRONIC AND OTHER TOXICITY PROFILE—Continued

Guideline No. Study Type Results

870.5395 Cytogenetics: Micro- This study is acceptable/guideline. nucleus test in mouse The results were negative for clastogenic/aneugenic activity up to the highest dose tested (HDT) (300 mg/kg). In a preliminary study, doses ≥400 mg/kg caused death.

870.5550 Unscheduled DNA syn- This study is acceptable/guideline. thesis: Rat hepatocyte The results were negative up to a cytotoxic concentration of 1.0 µg/mL. culture

870.6200 Acute neurotoxicity This study is acceptable/guideline. screening-rat The dosing levels were 0, 100, 300, and 1,000 mg/kg. The neurotoxicity NOAELs were 1000 mg/kg and the LOAELS were greater than 1,000 mg/kg for both males and females. The systemic NOAEL was 300 mg/kg for males and 1,000 mg/kg for females. The systemic LOAEL was greater than 1,000 mg/kg for females; it was 1,000 mg/kg for males based on reduced body weight gain in males.

870.6200 Subchronic neurotoxicity This study is acceptable/guideline. screening-rat The dosing levels were 0, 50, 250, and 750 (males)/1500 (females) ppm (males: 0, 3.5, 16.9, 49.9 mg/kg/day; females: 0, 4.0, 20.4, 111.9 mg/kg/day). The neurotoxicity NOAEL for males was 49.9/111.9 mg/kg/day and for females was 111.9 mg/kg/day. The neurotoxicity LOAEL for males was greater than 49.9 mg/kg/day and for fe- males was greater than 111.9 mg/kg/day. The systemic NOAEL for males was 16.9 mg/kg/day and for females was 20.4 mg/ kg/day. The systemic LOAEL for males was 49.9 mg/kg/day and for females was 111.9 mg/ kg/day based on reduced body weight gain, food intake and food efficiency.

870.7485 Metabolism and phar- This study is acceptable/guideline. macokinetics-rat Nearly 35% of an oral dose of pyraclostrobin is absorbed, with urinary and fecal ex- cretion accounting for about 15% and 85% of excretion, respectively. Bile elimi- nation accounted for about 30%. Two peak plasma concentrations were reached at 0.5 - 1 and at 8 hours with 16 to 38% lower plasma concentrations in males than females during the early peak phase. Elimination was biphasic at a low dose with plasma half lives of nearly 10 and 35 hours and monophasic at a high dose with a half-life of nearly 20 hours. Tissue distribution was fast, peaking at 0.5 hours, and was slightly higher among females. Some of the highest concentra- tions were found in the liver, thyroid, kidney, lung, adrenal glands, and pancreas but all levels dropped by more than 20-fold within 72 hours. About 33 metabolites were identified in urine, feces, and bile with no sex- or dose-related differences but the position of the label seemed to alter the profile, particularly in the urine. Desmethoxy pyraclostrobin is one of the major metabolites (labeled 500M07) in rat and is also found in large amounts in plants (labeled BF 500-3) and livestock (also labeled 500M07). The rat metabolic pathway included phase I reactions such as N-demethoxylation, various hydroxylations, and cleavage of the ether bond with subsequent oxidation; these reactions were followed by phase II glucuronidation and sulfation.

870.7600 Dermal penetration-rat This study was judged to be unacceptable/guideline because most of the test mate- rial was retained on the dressing and was therefore unavailable for absorption. This makes it very difficult to determine the actual dose. However, the Agency was able to calculate a maximum possible dermal penetration rate of 14%. Notes: Mg/kg = milligram(s) per kilogram; mg/kg/day = milligram(s) per kilogram per day; mL = milliliter(s); days/wk = days per week; µg = microgram(s)

B. Toxicological Endpoints applied to reflect uncertainties inherent ‘‘default FQPA safety factor.’’ By the in the extrapolation from laboratory term ‘‘traditional uncertainty factor,’’ The dose at which no adverse effects animal data to humans and in the EPA is referring to those additional are observed (the NOAEL) from the variations in sensitivity among members uncertainty factors used prior to FQPA toxicology study identified as of the human population as well as passage to account for database appropriate for use in risk assessment is other unknowns. An UF of 100 is deficiencies. These traditional used to estimate the toxicological level routinely used, 10X to account for uncertainty factors have been of concern (LOC). However, the lowest interspecies differences and 10X for incorporated by the FQPA into the dose at which adverse effects of concern intraspecies differences. additional safety factor for the are identified (the LOAEL) is sometimes Three other types of safety or protection of infants and children. The used for risk assessment if no NOAEL uncertainty factors may be used: term ‘‘special FQPA safety factor’’ refers was achieved in the toxicology study ‘‘Traditional uncertainty factors;’’ the to those safety factors that are deemed selected. An uncertainty factor (UF) is ‘‘special FQPA safety factor;’’ and the necessary for the protection of infants

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63088 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

and children primarily as a result of the Population Adjusted Dose (aPAD or probability risk is expressed are FQPA. The ‘‘default FQPA safety factor’’ cPAD) is a modification of the RfD to description of the risk as one in one is the additional 10X safety factor that accommodate this type of safety factor. hundred thousand (1 X 10-5), one in a is mandated by the statute unless it is For non-dietary risk assessments million (1 X 10-6), or one in ten million decided that there are reliable data to (other than cancer) the UF is used to (1 X 10-7). Under certain specific choose a different additional factor determine the LOC. For example, when circumstances, MOE calculations will (potentially a traditional uncertainty 100 is the appropriate UF (10X to be used for the carcinogenic risk factor or a special FQPA safety factor). account for interspecies differences and assessment. In this non-linear approach, 10X for intraspecies differences) the a ‘‘point of departure’’ is identified For dietary risk assessment (other LOC is 100. To estimate risk, a ratio of than cancer) the Agency uses the UF to below which carcinogenic effects are the NOAEL to exposures (margin of not expected. The point of departure is calculate an acute or chronic reference exposure (MOE) = NOAEL/exposure) is dose (acute RfD or chronic RfD) where typically a NOAEL based on an calculated and compared to the LOC. endpoint related to cancer effects the RfD is equal to the NOAEL divided The linear default risk methodology though it may be a different value by an UF of 100 to account for (Q*) is the primary method currently interspecies and intraspecies differences used by the Agency to quantify derived from the dose response curve. and any traditional uncertainty factors carcinogenic risk. The Q* approach To estimate risk, a ratio of the point of deemed appropriate (RfD = NOAEL/UF). assumes that any amount of exposure departure to exposure (MOEcancer = point Where a special FQPA safety factor or will lead to some degree of cancer risk. of departure/exposures) is calculated. the default FQPA safety factor is used, A Q* is calculated and used to estimate A summary of the toxicological this additional factor is applied to the risk which represents a probability of endpoints for pyraclostrobin that were RfD by dividing the RfD by such occurrence of additional cancer cases used for human risk assessment is additional factor. The acute or chronic (e.g., risk). Examples of how such a shown in Table 2 below.

TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR PYRACLOSTROBIN

Dose Used in Risk Assess- Special FQPA SF and Exposure Scenario ment; Inter- species, Level of Concern for Risk Study and Toxicological Effects Intraspecies, and UF; RfD Assessment

Acute Dietary (Females 13-50 NOAEL= 5 mg/kg/day FQPA SF = 1X Rabbit prenatal developmental toxicity study. years of age) UF = 100 aPAD = 0.05 mg/kg/day LOAEL = 10 mg/kg/day based on develop- Acute RfD = 0.05 mg/kg/day mental toxicity findings of increased resorp- tions per litter and increased total resorp- tions (i.e., dams with complete litter loss).

Acute Dietary (General popu- NOAEL = 300 mg/kg FQPA SF = 1X Rat acute oral neurotoxicity study. lation including infants and UF = 100 aPAD = 3.0 mg/kg/day LOAEL = 1000 mg/kg/day based on de- children) Acute RfD = 3.0 mg/kg/day creased body weight gain in males.

Chronic Dietary (All popu- NOAEL= 3.4 mg/kg/day FQPA SF = 1X Rat oral carcinogenicity study. lations) UF = 100 cPAD = 0.034 mg/kg/day LOAEL = 9.2 mg/kg/day based on decreased Chronic RfD = 0.034 mg/kg/ body weight and body weight gain, and kid- day ney tubular casts and atrophy in both sexes, increased incidence of liver necrosis and erosion/ulceration of the glandular stomach and forestomach in males, plus hemolymphoreticular tumors in males and mammary adenocarcinoma in females.

Short-Term Incidental Oral (1- NOAEL= 5.8 mg/kg/day Residential LOC for MOE 13-Week dog feeding study. LOAEL = 12.9 30 days) = 100 mg/kg/day based on increased incidence of Occupational LOC for diarrhea, clinical chemistry changes, duode- MOE = NA num mucosal hypertrophy, and decreased body weight, food intake, and food effi- ciency.

Intermediate-Term Incidental NOAEL= 5.8 mg/kg/day Residential LOC for MOE 13-Week dog feeding study. Oral (1- 6 months) = 100 LOAEL = 12.9 mg/kg/day based on increased Occupational LOC for incidence of diarrhea, clinical chemistry MOE = NA changes, duodenum mucosal hypertrophy, and decreased body weight, food intake, and food efficiency.

Short-Term Dermal (1 to 30 Oral study Residential LOC for MOE Rabbit prenatal developmental toxicity study. days) NOAEL = 5.0 mg/kg/day (der- = 100 LOAEL = 10.0 mg/kg/day based on develop- mal absorption rate = 14 Occupational LOC for mental toxicity findings of increased resorp- %) MOE = 100 tions per litter and increased total resorp- tions (i.e., dams with complete litter loss).

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63089

TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR PYRACLOSTROBIN—Continued

Dose Used in Risk Assess- Special FQPA SF and Exposure Scenario ment; Inter- species, Level of Concern for Risk Study and Toxicological Effects Intraspecies, and UF; RfD Assessment

Intermediate-Term Dermal (1 to Oral study Residential LOC for MOE Rabbit prenatal developmental toxicity study. 6 months) NOAEL = 5.0 mg/kg/day (der- = 100 LOAEL = 10.0 mg/kg/day based on develop- mal absorption rate = 14 Occupational LOC for mental toxicity findings of increased resorp- %) MOE = 100 tions per litter and increased total resorp- tions (i.e., dams with complete litter loss).

Long-Term Dermal (>6 months) Oral study Residential LOC for MOE Rat oral carcinogenicity study. NOAEL = 3.4 mg/kg/day (der- = 100 LOAEL = 9.2 mg/kg/day based in males on mal absorption rate = 14 Occupational LOC for decreased body weight and body weight %) MOE = 100 gain, and kidney tubular casts and atrophy in both sexes, increased incidence of liver necrosis, and erosion and ulceration of the glandular stomach and forestomach in males, plus hemolymphoreticular tumors in males and mammary adenocarcinoma in fe- males.

Short-Term Inhalation (1 to 30 Oral study Residential LOC for MOE Rabbit prenatal developmental toxicity study. days) NOAEL = 5.0 mg/kg/day (in- = 100 LOAEL = 10.0 mg/kg/day based on develop- halation absorption rate = Occupational LOC for mental toxicity findings of increased resorp- 100%) MOE = 100 tions per litter and increased total resorp- tions (i.e., dams with complete litter loss).

Intermediate-Term Inhalation (1 Oral study Residential LOC for MOE Rabbit prenatal developmental toxicity study. to 6 months) NOAEL = 5.0 mg/kg/day (in- = 100 LOAEL = mg/kg/day based on developmental halation absorption rate = Occupational LOC for toxicity findings of increased resorptions per 100%) MOE = 100 litter and increased total resorptions (i.e., dams with complete litter loss).

Long-Term Inhalation(>6 Oral study Residential LOC for MOE Rat oral carcinogenicity study. months) NOAEL = 3.4 mg/kg/day (in- = 100 LOAEL = 9.2 mg/kg/day based in both sexes halation absorption rate = Occupational LOC for on decreased body weight and body weight 100%) MOE = 100 gain, and kidney tubular casts and atrophy in both sexes, increased incidence of liver necrosis and erosion and ulceration of the glandular stomach and forestomach in males, plus hemolymphoreticular tumors in males and mammary adenocarcinoma in fe- males.

Cancer (MOE Approach) NOAEL = 32.8 Mouse oral carcinogenicity study. Results were that mortality, clinical signs, body weight, body weight gain, food con- sumption, food efficiency, hematology, organ weights, and gross and microscopic findings for both sexes at all doses were unaffected by treatment. The HDT was 32.8 mg/kg/day in females. Note: NA = Not Applicable

The Agency has concluded that the pyraclostrobin are inadequate to allow regulatory MOE has been chosen as a rat carcinogenicity study is acceptable full assessment of the human tool for bounding any potential chronic for both sexes and did not show either carcinogenic potential of this pesticide dietary cancer risk from pyraclostrobin a significant increasing tumor trend or because the highest dosing levels for that may exist. The regulatory MOE is a significant difference in tumor females in the mouse carcinogenicity derived from the HDT in female mice (a incidence in the pair-wise comparison study were not great enough to produce NOAEL of 32.8 mg/kg/day) and is 10 of the dosed groups with the controls. significant toxicological effects (that is, times higher than the NOAEL used for The Agency has also concluded that the the HDT is the NOAEL for female mice chronic non-cancer risk. This is not the mouse carcinogenicity study was in this study). The company is traditional MOE approach used to assess acceptable for males, in which there was performing an additional the risks of using threshold carcinogens no evidence of carcinogenicity. In carcinogenicity study in female mice to but is believed by the Agency to be general, acceptable study results remedy this deficiency. Because neither appropriate in this situation for the indicate that pyraclostrobin is unlikely of the cancer studies show any evidence following reasons: to be a carcinogen. However, the Agency of carcinogenicity, a non-threshold (Q- • The genotoxicity data indicate that has also concluded that the star) approach cannot be used to pyraclostrobin is not mutagenic, carcinogenicity data available for estimate cancer risk. Instead, a

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63090 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

• Both sex groups in the rat study (CSFII), and accumulated exposure to conservatism of the exposure estimate. and the male group in the mouse study the chemical for each commodity. EPA Finally, as noted above, mango and showed no treatment-related increase in also used the LifelineTM, Version 2.0 papaya, for which no action has yet tumors, and model to conduct the acute dietary risk been taken on proposed tolerances, were • Two structural analogs of assessments. LifelineTM also uses the also included in this analysis. pyraclostrobin have been found ‘‘not CSFII, 1994–1996 and 1998 food iii. Cancer. The chronic dietary risk likely to be carcinogenic to humans.’’ consumption database but accumulates assessment for cancer utilized the same It is, as well, commonly accepted that exposure data using statistical and models, food consumption data, and developing cancers which have been random samplings of the database. The PCT and residue assumptions as the triggered by non-genotoxic substances following assumptions were made for chronic dietary risk assessment. are reversible if exposure is the acute exposure assessments. iv. Anticipated residue and percent discontinued prior to complete Tolerance level pyraclostrobin residues, crop treated (PCT) information. Section propagation of the pre-neoplastic default processing factors, and a 100% 408(b)(2)(E) of FFDCA authorizes EPA lesions or the full expression of cancer. crop treated assumption were used for to use available data and information on C. Exposure Assessment all commodities, as appropriate, except the anticipated pesticide residue levels as follows. The highest average field in food and the actual levels of pesticide 1. Dietary exposure from food and trial residue data were used for leafy chemicals that have been measured in feed uses. Tolerances have previously vegetables. Mango and papaya, on food. If EPA relies on such information, been established (see 40 CFR 180.582) which no action has yet been taken, EPA must require that data be provided for the combined residues of were also included in this analysis. 5 years after the tolerance is established, pyraclostrobin (carbamic acid, [2-[[[1-(4- ii. Chronic exposure. Chronic dietary modified, or left in effect, demonstrating chlorophenyl)-1H-pyrazol-3- risk assessments are performed for a that the levels in food are not above the yl]oxy]methyl]phenyl]methoxy-, methyl food-use pesticide if a toxicological levels anticipated. Following the initial ester) and its desmethoxy metabolite study and the use pattern of the data submission, EPA is authorized to (methyl-N-[[[1-(4-chlorophenyl) pyrazol- pesticide have indicated the possibility require similar data on a time frame it 3-yl]oxy]o-tolyl] carbamate), expressed of an effect of concern occurring as a deems appropriate. as parent compound, in or on a variety result of a long-term exposure. Section 408(b)(2)(F) of FFDCA states of raw agricultural commodities, In conducting the chronic dietary risk that the Agency may use data on the including barley, grain; beet, sugar, assessment EPA used the DEEM-FCIDTM actual percent of food treated for roots; berry, group; fruit, citrus, group; model, which incorporates food assessing chronic dietary risk only if the fruit, stone, group; nut, tree, group; consumption data as reported by Agency can make the following peanut; rye, grain; vegetable, bulb, respondents in the USDA 1994–1996 findings: Condition 1, that the data used group; vegetable, cucurbit, group; and 1998 CSFII and accumulated are reliable and provide a valid basis to vegetable, fruiting, group; vegetable, exposure to the chemical for each show what percentage of the food root, except sugar beet, subgroup; commodity. EPA also used the derived from such crop is likely to vegetable, tuberous and corm, subgroup; LifelineTM, Version 2.0 model to contain such pesticide residue; and wheat, grain. Tolerances have also conduct the chronic dietary risk Condition 2, that the exposure estimate been established for the combined assessments. LifelineTM also uses the does not underestimate exposure for any residues of pyraclostrobin (carbamic CSFII, 1994–1996 and 1998 food significant subpopulation group; and acid, [2-[[[1-(4-chlorophenyl)-1H- consumption database but accumulates Condition 3, if data are available on pyrazol-3- exposure data using statistical and pesticide use and food consumption in yl]oxy]methyl]phenyl]methoxy-, methyl random sampling of the database. The a particular area, that the exposure ester) and its metabolites convertible to following assumptions were made for estimate does not understate exposure 1-(4-chlorophenyl)-1H-pyrazol-3-ol and the chronic exposure assessments. for the population in such area. In 1-(4-chloro-2-hydroxyphenyl)-1H- Tolerance level pyraclostrobin residues addition, the Agency must provide for pyrazol-3-ol, expressed as parent and default processing factors were used periodic evaluation of any estimates compound, in or on the fat, liver, meat, for raw and processed agricultural used. To provide for the periodic and meat byproducts except liver of commodities, as appropriate, except as evaluation of the estimate of PCT as cattle, goat, hog, horse, and sheep, and detailed below. Percent crop treated required by section 408(b)(2)(F) of in milk. Risk assessments to assess (PCT) data were used for most crop FFDCA, EPA may require registrants to dietary exposures from pyraclostrobin plant commodities but 100% crop submit data on PCT. in food were conducted by EPA as treated values were assumed for banana Below is a description of how the follows. commodities, mango and papaya (on Agency used PCT information, i. Acute exposure. Acute dietary risk which no action has been taken yet) including a list of the PCT data used in assessments are performed for a food- commodities, and all animal the chronic cancer and noncancer PCT use pesticide if a toxicological study has commodities. The highest average field values. The value for each crop or crop indicated the possibility of an effect of trial residue data (instead of tolerance group also applies to all raw or concern occurring as a result of a one- level residues) were used for vegetables, processed agricultural commodities that day or single exposure. leafy, except brassica, group. A are encompassed by that crop or crop In conducting the acute dietary risk proposed tolerance level residue value group. For example, the value for fruit, assessments EPA used the Dietary of 1.5 ppm was used for strawberries pome, group applies to such Exposure Evaluation Model software instead of the current tolerance level commodities as apple fruit, dried with the Food Commodity Intake value of 0.4 ppm because BASF apples, apple juice and sauce, pear fruit, Database (DEEM-FCIDTM, Version 2.0), Corporation has petitioned for an and pear juice. which accumulates food consumption increase in the pyraclostrobin tolerance Barley— 2% (exposure) data directly from reports by in or on strawberries based on Beet, sugar—55% respondents in the USDA 1994–1996 additional field trial data. No action has Berry group—2% and 1998 nationwide Continuing been taken on this petition yet but Brassica, head and stem, subgroup—1% Surveys of Food Intake by Individuals inclusion of the higher value adds to the Brassica, leafy greens, subgroup—2%

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63091

Cherry, sweet—53% this estimated percentage; however, the almost identical, with small differences Cherry, tart—53% Agency is requiring annual reports that mainly due to different numbers of Corn, field—1% would detect this increase. For leafy applications used in their calculations Corn, pop—1% by each party. Since the registrant’s Corn, sweet—1% vegetable, the two major alternatives Fruit, citrus, group—6% attained a 5% crop treated; therefore, 2003 PCT data used numbers of Fruit, pome, group—7% the Agency used a 5% crop treated applications that were consistent with Fruit, stone, group—28% estimate for leafy vegetables. For those used in its corresponding 2003 Grape—16% Brassica, head and stem, one alternative market shares data, the registrant’s PCTs Hop, dried cones—2% had a percent crop treated of 2% for were considered to be the more Nut, tree, group—1% broccoli, cabbage and cauliflower and consistent of the two and thus were Pea and bean, dried shelled, except soybean, therefore a 2% crop treated estimate was used for the dietary analysis. As a subgroup—1% condition of registration, the registrant Pea, succulent—1% used. For Vegetables, leaves of root and Peanut—19% tubers, the best alternative had a also will provide corresponding market Peppermint—2% maximum percent treated of 3% and the share or PCT data for 2004 based on Pistachio—6% Agency used 2%. There are a few sales of its products during 2004 (and, Rye— 2% instances where the Agency did not use similarly, for following years) for these Soybean—1% the maximum percent crop treated of same registered crops. Generally, Spearmint—2% any alternative, such as Vegetables, chronic dietary analysis utilizes actual Strawberry—80% leaves of root and tubers. In these few PCT data, based on either usage data Sunflower—1% sources and/or registrant product sales, Vegetable, bulb, group—17% instances (Sweet corn, Tree Nuts, Pome Vegetable, cucurbit, group—37% Fruit and Vegetables, leaves of roots and for registered uses and projected PCT Vegetable, fruiting, group—18% tubers) it is because in the past the data for pending uses. Vegetable, leafy, except brassica, group—5% Agency has found the registrants The Agency believes that the three Vegetable, leaves of root and tuber, except estimates of percent crop treated to be conditions previously discussed for PCT sugar beet—2% very reliable, more reliable that data have been met. With respect to Vegetable, root, except sugar beet, Condition 1, EPA finds that the PCT subgroup—6% estimates based on the maximum percent crop treated of an alternative. data that are listed above for Vegetable, tuberous and corm, subgroup— pyraclostrobin use on a number of 25% The Agency conducted this same Wheat— 2% analysis of the major alternatives for all agricultural crops are reliable and have a valid basis. Since initial registration of The PCT data that were used in the the other crops/crop groups to derive these estimates. this pesticide the Agency has required chronic cancer and noncancer dietary annual data submissions concerning the risk analyses were derived as follows. As indicated above, for existing uses PCT of crops pyraclostrobin is registered (Note: For the acute analysis the Agency 2003 PCT data provided by the for use on and the same requirement used 100% crop treated.) For crops that registrant were accepted as provided for will be a condition of registration for were already registered, the Agency use in the dietary analysis. The 2003 crops for which tolerances are being used current usage data. These data data provided by the registrant were the established by this rule. were determined to be the best data only actual data available for the As to Conditions 2 and 3, regional available and were found to be reliable registered crops and the registrant best consumption information and by the Agency. knew, based on its product sales during consumption information for significant For crops pending registration, the 2003, how pyraclostrobin was allocated subpopulations is taken into account Agency generally uses projected PCTs across those crops. Usage data for 2003 through EPA’s computer-based model based on the highest or second highest from USDA/NASS (National for evaluating the exposure of current PCT of relatively new fungicide Agricultural Statistics Service), the significant subpopulations including alternatives that target the same diseases Agency’s proprietary source, and the several regional groups. Use of the as pyraclostrobin, while also taking into California Department of Pesticide consumption information in EPA’s risk account the corresponding market Regulation were not available to the assessment process ensures that EPA’s projections for the new pyraclostrobin Agency at the time of analysis. These exposure estimate does not understate uses. For corn, the Agency notes that the 2003 data from the registrant were exposure for any significant use of fungicides is negligible. Even the initially presented as market share subpopulation group and allows the commodity sweet corn, with has the data—the shares of acre-treatments of Agency to be reasonably certain that no highest use rate of the alternative pyraclostrobin in total fungicide regional population is exposed to strobilurin, has a percent crop treated of treatments for each crop—as a check on residue levels higher than those only 2%. Therefore, the Agency believe the registrant’s previous projections of estimated by the Agency. Other than the for use on corn and sweet corn a 1% the same prior to registration of these data available through national food estimate is conservative. The use of crops. These 2003 market shares were consumption surveys, EPA does not fungicides on soybean and sunflower is based on actual sales of pyraclostrobin have available information on the also negligible. The highest use for any allocated to registered crops during regional consumption of food to which alternative is only <1% and therefore, eleven months of 2003. Since dietary pyraclostrobin may be applied in a the Agency used 1%. For Pome fruit, the analysis requires PCTs, not market particular area. Agency used an estimated percent crop shares, the Agency converted these 2003 2. Dietary exposure from drinking treated of 7%, there are two alternative market shares to 2003 PCTs by taking water. The Agency currently lacks one with a percent crop treated of <1% into account the numbers of sufficient monitoring exposure data to and another with a percent crop treated applications and the total fungicide complete a comprehensive dietary of 15%. The Agency used 7% which is treatments to acres planted ratio for exposure analysis and risk assessment the Agency’s estimate of the likely each crop. At about the same time the for pyraclostrobin in drinking water. maximum percent crop treated for registrant did the same conversions. Because the Agency does not have pyraclostrobin on Pome fruit. It is Each of the two sets of 2003 PCTs comprehensive monitoring data, possible that use could increase beyond converted from 2003 market shares were drinking water concentration estimates

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63092 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

are made by reliance on simulation or 1.2 ppb. These concentrations are based of toxicity and to evaluate the modeling taking into account data on on maximum applications to turf, which cumulative effects of such chemicals, the physical characteristics of has the highest labeled application rate see the policy statements released by pyraclostrobin. of any pyraclostrobin use. EPA’s Office of Pesticide Programs The Agency used the Pesticide Root 3. From non-dietary exposure. The concerning common mechanism Zone Model/Exposure Analysis term ‘‘residential exposure’’ is used in determinations and procedures for Modeling System model (PRZM/ this document to refer to non- cumulating effects from substances EXAMS) to estimate pesticide occupational, non-dietary exposure found to have a common mechanism on concentrations in surface water and the (e.g., for lawn and garden pest control, EPA’s web site at http://www.epa.gov/ Screening Concentration in indoor pest control, termiticides, and pesticides/cumulative/. Groundwater (SCI-GROW) model to flea and tick control on pets). predict pesticide concentrations in Pyraclostrobin is proposed for D. Safety Factor for Infants and ground water. PRZM/EXAMS application to residential turfgrass and Children incorporates an index reservoir recreational sites. The risk assessment 1. In general. Section 408 of FFDCA environment in its analysis and was conducted using the following provides that EPA shall apply an includes a percent crop area factor as an residential exposure assumptions. Turf additional tenfold margin of safety for adjustment to account for the maximum applications will be made by infants and children in the case of percent crop coverage within a professional pest control operators threshold effects to account for prenatal watershed or drainage basin. The SCI- (PCOs) only, so residential handler and postnatal toxicity and the GROW model estimates pesticide exposure is not expected and was not completeness of the data base on concentrations in shallow groundwater. evaluated. Postapplication scenarios toxicity and exposure unless EPA None of these models include evaluated assumed that exposure via the determines based on reliable data that a consideration of the impact processing dermal route is likely for both adults different margin of safety will be safe for (mixing, dilution, or treatment) of raw and children entering treated lawns. infants and children. Margins of safety water for distribution as drinking water Toddlers may also experience exposure are incorporated into EPA risk would likely have on the removal of via hand-to-mouth contact, object-to- assessments either directly through use pesticides from the source water. The mouth contact, and soil ingestion. The of a MOE analysis or through using primary use of these models by the postapplication risk assessment is based uncertainty (safety) factors in Agency at this stage is to provide a on generic assumptions specified in the calculating a dose level that poses no screen for sorting out pesticides for Recommended Revisions to the appreciable risk to humans. In applying which it is unlikely that drinking water Residential SOPs (Standard Operating this provision, EPA either retains the concentrations would exceed human Procedures) and recommended default value of 10X when reliable data health LOCs. approaches by an EPA science advisory do not support the choice of a different Since the models used are considered council. It is also assumed that factor, or, if reliable data are available, to be screening tools in the risk postapplication turf exposure can occur EPA uses a different additional safety assessment process, the Agency does over periods of from one day to multiple factor value based on the use of not use estimated drinking water weeks because of pyraclostrobin residue traditional uncertainty factors and/or concentrations (EDWCs), which are the decline times and multiple treatments special FQPA safety factors, as model estimates of a pesticide’s being made in a season. Thus, these appropriate. concentration in water. EDWCs derived exposures are classified as short-term 2. Prenatal and postnatal sensitivity. from these models are used to quantify (one day to one month) and There was no substantial evidence of drinking water exposure and risk as a intermediate-term (one to six months). increased prenatal or postnatal %RfD or %PAD. Instead, drinking water 4. Cumulative effects from substances susceptibility following in utero levels of comparison (DWLOCs) are with a common mechanism of toxicity. exposure to rats. That is, the lowest- calculated and used as a point of Section 408(b)(2)(D)(v) of FFDCA dose adverse developmental effects comparison against the model estimates requires that, when considering whether were seen at a higher dose than that of a pesticide’s concentration in water. to establish, modify, or revoke a which caused maternal toxicity. DWLOCs are theoretical upper limits on tolerance, the Agency consider However, in the rabbit developmental a pesticide’s concentration in drinking ‘‘available information’’ concerning the toxicity study there was qualitative water in light of total aggregate exposure cumulative effects of a particular evidence of higher prenatal to a pesticide in food and from pesticide’s residues and ‘‘other susceptibility: Increases in resorptions residential uses. Since DWLOCs address substances that have a common per litter and post-implantation losses total aggregate exposure to mechanism of toxicity.’’ were seen in the presence of maternal pyraclostrobin they are further Unlike other pesticides for which EPA toxicity (decreases in body weight gain discussed in the aggregate risk sections has followed a cumulative risk approach and food consumption). In the 2– in Unit E. based on a common mechanism of generation reproduction study the HDT Based on the (Tier II) PRZM/EXAMS toxicity, EPA has not made a common did not elicit maternal systemic, and SCI-GROW models, the peak mechanism of toxicity finding as to reproductive, or offspring toxicity. In EDWCs of pyraclostrobin for acute pyraclostrobin and any other the 1-generation toxicity study there exposures are estimated to be 22.6 parts substances. Pyraclostrobin also does not was an apparent quantitative per billion (ppb) in surface water and appear to produce a toxic metabolite susceptibility in pups (not seen in the 0.02 ppb in shallow ground water. The that is produced by other substances. 2–generation reproduction study) that is peak EDWCs for chronic exposures are For the purposes of this tolerance based on a possible marginal decline estimated to be 1.9 ppb in surface water action, therefore, EPA has not assumed (threshold effect) in body weight and and 0.2 ppb in shallow ground water. that pyraclostrobin has a common body weight gain at the lowest dose The 36-year average concentration of mechanism of toxicity with other level of 21 mg/kg/day (developmental pyraclostrobin in surface water that was substances. For information regarding LOAEL) while the parental systemic estimated by PRZM-EXAMS for use in EPA’s efforts to determine which toxicity NOAEL and LOAEL were 40 the chronic/cancer risk assessment is chemicals have a common mechanism and 60 mg/kg/day, respectively, based

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63093

on decreased body weight and body The Agency therefore concludes that When EDWCs for surface water and weight gain. the dietary (food and drinking water) ground water are less than the 3. Conclusion. There is an adequate and residential exposure assessments calculated DWLOCs, OPP concludes toxicity data base for the selection of will not underestimate the potential with reasonable certainty that exposures doses and endpoints for use in risk exposure of infants, children, or women to the pesticide in drinking water (when assessment for pyraclostrobin. Exposure of childbearing age. considered along with other sources of data are complete or are estimated based exposure for which OPP has reliable E. Aggregate Risks and Determination of on data that reasonably accounts for data) will not result in unacceptable Safety potential exposures. EPA has evaluated levels of aggregate human health risk. and reevaluated the potential for To estimate total aggregate exposure Because OPP considers the aggregate increased susceptibility of infants and to a pesticide from food, drinking water, risk resulting from multiple exposure children to pyraclostrobin and has and residential uses, the Agency pathways associated with a pesticide’s concluded that the special FQPA safety calculates DWLOCs which are used as a uses, levels of comparison in drinking factor (FQPA SF) should be reduced to point of comparison against EDWCs. water may vary as those uses change. If 1X for all potential pyraclostrobin DWLOC values are not regulatory new uses are added in the future, OPP exposure scenarios because there are no standards for drinking water. DWLOCs will reassess the potential impacts of residual uncertainties for pre- or post- are theoretical upper limits on a residues of the pesticide in drinking natal toxicity and no substantial pesticide’s concentration in drinking water as a part of the aggregate risk evidence of increased sensitivity of water in light of total aggregate exposure assessment process. infants and children to pyraclostrobin. to a pesticide in food and residential 1. Acute risk. Using the exposure There is low concern for the qualitative uses. In calculating a DWLOC, the susceptibility seen in the rabbit prenatal assumptions discussed in this unit for Agency determines how much of the acute exposure, the acute dietary development study and no residual acceptable exposure (i.e., the PAD) is uncertainties because the exposure from food to pyraclostrobin is available for exposure through drinking estimated to occupy 2% of the aPAD for developmental effects were seen in the water [e.g., allowable chronic water presence of maternal toxicity and there the U.S. population in the DEEM- exposure (mg/kg/day) = cPAD - (average TM are no clear NOAELs for maternal and FCID model run and 1% of the aPAD food + residential exposure). This for the U.S. population in the LifelineTM developmental toxicities. There is also allowable exposure through drinking low concern for the quantitative model run; 74% of the aPAD for females water is used to calculate a DWLOC. TM susceptibility seen in the one-generation 13 - 49 years old in the DEEM-FCID rat reproduction study and no residual A DWLOC will vary depending on the model run and 85% of the aPAD for uncertainties because: toxic endpoint, drinking water females 13 - 49 years old in the i. The offspring effects seen in this consumption, and body weights. Default LifelineTM model run; 3% of the aPAD study were not repeated in the two- body weights and consumption values for all infants (less than one year old) in generation reproduction study. as used by the EPA’s Office of Water are the DEEM-FCIDTM model run and 3% of ii. The marginal increase in pup used to calculate DWLOCs: 2 liter (L)/ the aPAD for all infants (less than one weights seen at or after post-natal day 7 70 kg (adult male), 2L/60 kg (adult year old) in the LifelineTM model run; may be due to higher exposure via their female), and 1L/10 kg (child). Default and 4% of the aPAD for children 1-2 diet. body weights and drinking water years old in the DEEM-FCIDTM model iii. The dose used for risk assessment consumption values vary on an run and 3% of the aPAD for children 1- would address the effects of concern individual basis. This variation will be 2 years old in the LifelineTM model run. seen in the offspring. taken into account in more refined In addition, there is the potential for iv. Even though the mouse cancer screening-level and quantitative acute dietary exposure to pyraclostrobin study must be repeated, the MOE drinking water exposure assessments. in drinking water. After calculating approach used for cancer risk Different populations will have different DWLOCs and comparing them to the assessment provides an adequate margin DWLOCs. Generally, a DWLOC is EDWCs for surface and ground water, of safety because a NOAEL was calculated for each type of risk EPA does not expect the aggregate established. The repeated study will be assessment used: Acute, short-term, exposure to exceed 100% of the aPAD, done at higher doses. intermediate-term, chronic, and cancer. as shown in Table 3 below.

TABLE 3.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO PYRACLOSTROBIN

Surface Ground aPAD (mg/ % aPAD Water Water Acute Population Subgroup kg) (Food)* EDWC EDWC DWLOC (ppb) (ppb) (ppb)

U.S. population 3.0 1 22.6 0.02 1.0 x 105

All Infants (less than 1 year old) 3.0 3 22.6 0.02 2.9 x 104

Children 1-2 years old 3.0 3 22.6 0.02 2.9 x 104

Children 3-5 years old 3.0 3 22.6 0.02 2.9 x 104

Children 6-12 years old 3.0 1 22.6 0.02 3.0 x 104

Youths 13-19 years old 3.0 1 22.6 0.02 8.9 x 104

Females 13-49 years old 0.05 85 22.6 0.02 230 The LifelineTM model results

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63094 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

2. Chronic risk. Using the exposure old), 16% of the cPAD for the subgroup pyraclostrobin in drinking water. After assumptions described in this unit for children 3-5 years old, and 5% of the calculating DWLOCs and comparing chronic exposure and the LifelineTM cPAD for the subgroup females 13-49 them to the EDWCs for surface and model, EPA has concluded that years old. Based on the use pattern, ground water, EPA does not expect the exposure to pyraclostrobin from food chronic residential exposure to residues aggregate exposure to exceed 100% of will utilize 6% of the cPAD for the U.S. of pyraclostrobin is not expected. In the cPAD, as Table 4 demonstrates. population, 10% of the cPAD for the addition, there is the potential for subgroup all infants (less than 1 year chronic dietary exposure to

TABLE 4.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO PYRACLOSTROBIN

Surface Ground cPAD mg/ % cPAD Water Water Chronic Population Subgroup kg/day (Food)* EDWC EDWC DWLOC (ppb) (ppb) (ppb)

U.S. population 0.034 6 1.9 0.02 1100

All Infants (less than 1 year old) 0.034 10 1.9 0.02 310

Children 1-2 years old 0.034 21 1.9 0.02 270

Children 3-5 years old 0.034 16 1.9 0.02 290

Children 6-12 years old 0.034 9 1.9 0.02 310

Youths 13-19 years old 0.034 4 1.9 0.02 980

Females 13-49 years old 0.034 5 1.9 0.02 970 * The LifelineTM model results

3. Short-term risk. Short-term aggregate chronic food and water and residential uses. In addition, short-term aggregate exposure takes into account short-term exposures for pyraclostrobin. DWLOCs were calculated and compared residential exposure plus chronic Using the exposure assumptions to the EDWCs for chronic exposure of exposure to food and water (considered described in this unit for short-term pyraclostrobin in ground and surface to be a background exposure level). exposures, EPA has concluded that water. After calculating DWLOCs and Pyraclostrobin is proposed to be aggregated food and residential comparing them to- the EDWCs for registered for application, by exposures result in aggregate MOEs of surface and ground water, EPA does not professional pest control operators only, 230 for the U.S. population as a whole expect short-term aggregate exposure to to residential and recreational turfgrass and 130 for the subgroup children 1-2 exceed the Agency’s level of concern, as sites that could result in short-term years old. These aggregate MOEs do not shown in Table 5 below. residential exposure and the Agency has exceed the Agency’s level of concern for determined that it is appropriate to aggregate exposure to food and

TABLE 5.—AGGREGATE RISK ASSESSMENT FOR SHORT-TERM EXPOSURE TO PYRACLOSTROBIN

Aggregate Surface Ground MOE (Food Water Water Short-Term Population Subgroup + Residen- Target MOE EDWC EDWC DWLOC tial) (ppb) (ppb) (ppb)

U.S. population 230 100 22.6 0.02 980

Children 1-2 years old 130 100 22.6 0.02 110

4. Intermediate-term risk. and water and intermediate-term residential uses. In addition, Intermediate-term aggregate exposure exposures for pyraclostrobin. intermediate-term DWLOCs were takes into account residential exposure Using the exposure assumptions calculated and compared to the EDWCs plus chronic exposure to food and water described in this unit for intermediate- for chronic exposure of pyraclostrobin (considered to be a background term exposures, EPA has concluded that in ground and surface water. After exposure level). food and residential exposures calculating DWLOCs and comparing aggregated result in aggregate MOEs of Pyraclostrobin is currently registered them to the EDWCs for surface and 230 for the U.S. population as a whole ground water, EPA does not expect (see for use(s) that could result in and 130 for the subgroup children 1-2 Table 6) intermediate-term aggregate intermediate-term residential exposure years old. These aggregate MOEs do not exposure to exceed the Agency’s level of and the Agency has determined that it exceed the Agency’s level of concern for is appropriate to aggregate chronic food aggregate exposure to food and concern.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63095

TABLE 6.—AGGREGATE RISK ASSESSMENT FOR INTERMEDIATE-TERM EXPOSURE TO PYRACLOSTROBIN

Inter- Aggregate Surface Ground mediate- Population Subgroup MOE (Food Target MOE Water Water Term + Residen- EDWC EDWC DWLOC tial) (ppb) (ppb) (ppb)

U.S. population 230 100 22.6 0.02 980

Children 1-2 years old 130 100 22.6 0.02 110

5. Aggregate cancer risk for U.S. chronic concentration of pyraclostrobin concentration is 1.2 ppb. The aggregate population. The Agency has calculated in shallow ground water from the regulatory bounded MOE for food plus aggregate MOEs (food and drinking proposed use on turf grasses is 0.2 ppb. drinking water is therefore estimated to water exposure) for pyraclostrobin. The The PRZM/EXAMS model estimates be 17,000, as detailed in Table 7 below. SCI-GROW model estimates that the that the 36-year average chronic/cancer

TABLE 7.— MARGINS OF EXPOSURE (MOES) FOR CANCER BASED UPON CHRONIC AGGREGATE EXPOSURE (FOOD PLUS WATER) TO PYRACLOSTROBIN FOR THE U.S. POPULATION

Exposure Exposure Total MOE NOAEL (mg/kg/day) from Food MOE (food) from Water MOE (food + (mg/kg/day) (mg/kg/day) (water) water)

32.8 0.00198 17,000 3.5 X 10-5 950,000 17,000

6. Determination of safety. Based on method 439/0 and Method 446, number: (410) 305–2905; e-mail address: these risk assessments, EPA therefore consisting of gas chromatography/mass [email protected]. concludes that there is a reasonable spectrometry (GC/MS) method 446/0 B. International Residue Limits certainty that no harm will result to the and LC/MS/MS method 446/1. general population or to infants and Radiovalidation data submitted for the No Codex or Mexican maximum children from aggregate exposure to GC/MS and LC/MS/MS methods are residue limits (MRLs) have been pyraclostrobin residues. adequate for liver, milk, and muscle. proposed or are established for residues The HPLC/UV method determines of pyraclostrobin. It appears that IV. Other Considerations residues of pyraclostrobin per se. Canadian MRLs for pyraclostrobin have A. Analytical Enforcement Methodology Method 446 has a hydrolysis step and not yet been published. determines residues of pyraclostrobin C. Conditions 1. Enforcement methods for plant and its metabolites as BF 500-5 and BF commodities. The petitioner has 500-8. Independent method validation The following conditions are placed proposed two tolerance enforcement data for the HPLC/UV and LC/MS/MS upon the initial registration of the uses methods for the determination of methods are acceptable. that are the subject of this rule. residues of pyraclostrobin and its 3. Multiresidue methods. 1. Additional data requirements. desmethoxy metabolite (BF 500-3) in/on Pyraclostrobin was successfully i. A 28-day inhalation toxicity study plant commodities: Liquid evaluated through several of the FDA that follows the 90-day inhalation chromatography/mass spectrometry/ protocols, while recovery of BF 500-3 toxicity protocol is required due to the mass spectrometry (LC/MS/MS) method was unsuccessful in all protocols. potential occupational exposure via this D9808 and high pressure liquid Pyraclostrobin was completely route. chromatography/ultraviolet (HPLC/UV) recovered through Protocol D (in grape) ii. A new carcinogenicity study in method D9904. The validated method and E (in grape), and partially recovered female mice, using higher dosing, levels of quantitation (LOQs) for through Protocol F (in peanut). because no systemic toxicity was seen pyraclostrobin and BF 500-3 for both the Metabolite BF 500-3 had poor peak in the initial study at the HDT. LC/MS/MS and HPLC/UV methods are shape and inadequate sensitivity with iii. To support the tolerance for 0.02 ppm for each analyte in plant Protocol C columns and therefore was vegetable, leafy, except brassica, group, matrices. Adequate independent not further analyzed under Protocols D, six additional analyses of residue method validation and radiovalidation E, and F. The results of the multiresidue samples of head lettuce with wrapper data have been submitted for both testing for pyraclostrobin have been leaves are required from the submitted methods. forwarded to FDA for inclusion in PAM field trials and one additional field trial 2. Enforcement methods for livestock (Pesticide Analytical Methods) Volume from either Region 1 or 2 is required for commodities. The proposed I. leaf lettuce. enforcement methods were used for data Adequate enforcement methodology iv. To support the tolerance for collection in the ruminant and poultry (such as gas chromatography) is brassica, head and stem, subgroup, feeding studies. The concurrent method therefore available to enforce the analyses of four more samples of validation recoveries demonstrate that tolerance expression. The methods may cabbage with wrapper leaves are the methods are adequate for data be requested from: Chief, Analytical required from the submitted field trials. collection. The petitioner has proposed Chemistry Branch, Environmental v. To support the tolerance for two tolerance enforcement methods for Science Center, 701 Mapes Rd., Ft. brassica, leafy greens, subgroup, three ruminant commodities: HPLC/UV Meade, MD 20755–5350; telephone additional field trials on mustard greens

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63096 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

are required, one each from Regions 2, exposure to the residues of interest. and is potentially even irrelevant to the 3, and 10. Therefore, the proposed tolerance(s) are issue being researched. vi. To support the tolerance for pea found to be acceptable. These Agency response: Animal testing is and bean, dried shelled, subgroup, one assessments consider body residue used because it is currently the only additional field trial is required from loads of the pesticide, as well as reasonably accurate and acceptable way Region 11. available information concerning the in which the potential impacts of the vii. To support the tolerances for potential that other substances have a use of new chemicals (including soybean, forage and soybean, hay, two common mechanism of toxicity, in pesticides) on humans can be additional field trials from Region 5 and reaching a conclusion as to whether or determined. The EPA Test Guidelines one more from Region 4 are required. not the reasonable certainty of no harm recommend the types of animals to be viii. To support the increased decision can be made. used as test animals in acute irritation tolerance for strawberry, one final study 2. Ms. Sachau does not want studies as well as in longer term, of residues from field trials in California American universities to use tax dollars subchronic and chronic, studies such as is required. to promote pesticides (Interregional developmental toxicity, reproduction, ix. Percent crop treated data will be Research Project Number 4 is affiliated and carcinogenicity studies. Results required at the end of each year for 5 with Rutgers University). obtained from these animal studies are years after registration of the new crop Agency response: Although Ms. generally felt by the scientific uses for which tolerances are Sachau’s concerns regarding use of tax community to be relevant to humans established in this final rule. dollars to seek pesticide tolerances and because the cells and molecules of the 2. Other. registrations are not germane to EPA’s selected test species are very similar to A reasonable amount of new those of humans. Therefore, if a analytical standard for pyraclostrobin statutory basis for acting on the pyraclostrobin tolerance petitions, and pesticide causes toxicity in the test (BAS 500 F) and the desmethoxy animals, it is likely to do so in humans metabolite of pyraclostrobin (BF 500-3) thus technically no response is required to this comment, EPA can provide the as well. That said, EPA supports efforts must be submitted to the Agency. to use the least possible number of following information regarding the animals in the studies that are required Interregional Research Project Number4 to support pesticide registration actions. V. Comments (IR-4). The Interregional Research Concerning alternatives, the use of Project Number 4 (IR-4) Program was Two communications were received humans as test subjects is widely felt to created by Congress in 1963 to assist the from B. Sachau of New Jersey in be morally unacceptable and there are growers of minor crops in obtaining response to the notices of filing. The no in vitro type studies that can registration of pesticides for those uses communications objected to adequately address the concerns the that might otherwise be uneconomic for establishment of the proposed animal studies satisfy. The EPA is pesticide companies to pursue. The IR- tolerances for several reasons and currently working with the Interagency mostly involve generalized and 4 National Coordinating Headquarters is Coordinating Committee on the unsubstantiated disagreement with located at Rutgers University in New Validation of Alternative Methods EPA’s risk assessment methodologies or Jersey and receives the majority (90%) (ICCVAM) to investigate in vitro safety findings. Each comment is listed of its funding from the U.S. Department methods that can acceptably investigate below, followed by the Agency of Agriculture (USDA). It is the only the toxicological concerns associated response. publicly funded program that conducts with the use of pesticides but the use of 1. Ms. Sachau feels that establishment research, submits petitions for animal tests is still necessary if the of these tolerances would add to the tolerances, and operates in collaboration Agency is to make the reasonable pesticide body load that is already with USDA, the Land Grant University certainty of no harm decisions that it is carried by the human population. System, the agrochemical industry, legally required to make. Agency response: When new or commodity associations, and the EPA. 4. Ms. Sachau feels that the end point amended tolerances are requested for The IR-4 program takes the lead in effects noted for pyraclostrobin are, by the presence of the residues of a identifying and prioritizing minor crop themselves, sufficient that the Agency pesticide and its toxicologically pesticide needs, and in conducting the should reject use of pyraclostrobin for significant metabolite(s) in food or feed, research needed to obtain the tolerances any pesticidal purpose in the U.S. the Agency, as is required by Section for use on these crops. Under the Agency response: As is the case with 408 of the Federal Food, Drug and Pesticide Registration Improvement Act almost all conventional pesticides, Cosmetic Act (FFDCA), estimates the (PRIA), IR-4 works in cooperation with numerous tests have been performed to risk of the potential exposure to these the pesticide registrant to request a study the toxicological effects of residues by performing an aggregate risk waiver of the fees that are charged for pyraclostrobin. The various tests use assessment. Such a risk assessment the registration services provided by doses that range from quite low to many integrates the individual assessments EPA. The waiver will be granted if the times higher than virtually any member that are conducted for food, drinking labeling containing the use(s) of interest of the population of the U.S. could ever water, and residential exposures. is closely associated with submission of be exposed to. The highest doses are, in Additionally, the Agency, as is further a tolerance petition by IR-4 and if it is fact, deliberately chosen to try to elicit required by Section 408 of the FFDCA, in the public interest. This fee waiver toxicological symptoms because a considers available information serves as an incentive to the IR-4 description of these symptoms and the concerning what are termed the program to pursue registration of minor dose levels at which they occur is one cumulative toxicological effects of the uses. In addition to the work performed of the desired outcomes of the studies. residues of that pesticide and of other for minor use crop pesticide Virtually any chemical (vitamins, for substances having a common registration, IR-4 also develops risk example) is toxic if taken in excessively mechanism of toxicity with it. The mitigation measures for existing large doses. Risk, however, is a function Agency has concluded after this registered products. of the exposure levels that actually assessment that there is a reasonable 3. Ms. Sachau feels that animal testing occur in the population in comparison certainty that no harm will result from is cruel to the animals, is inaccurate, to the threshold exposure level at which

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63097

adverse symptoms begin to be elicited . rats, was acceptable for both sexes and shelled peas have already been For a toxicologically average person, if produced no evidence of submitted and, along with acceptable actual exposure is less than the adverse carcinogenicity. The other, testing both residue data previously submitted for symptom exposure threshold, no such sexes of mice, was acceptable for males dried shelled beans, provide substantial symptoms are expected to be seen. and produced no evidence of support for establishment of a However, in order to make the carcinogenicity. It was unacceptable for pyraclostrobin tolerance of 0.3 ppm in/ reasonable certainty of no harm females because there was no evidence on dried shelled peas and beans. The determination the Agency requires more of carcinogenicity and no significant Agency therefore believes that the assurance than this that the use of evidence of toxicity even at the highest additional study, while required by our animals (instead of humans) for testing, dose. Because of this, and despite the standard operating procedure, will variations in susceptibility among lack of evidence of carcinogenicity to simply serve to confirm the results of members of the U.S. population, greater date, the Agency wants confirmation the acceptable data we have already sensitivity of infants and children, etc., that pyraclostrobin is not a carcinogen. evaluated. has been accounted for in the risk Despite the lack of carcinogenicity in • Three more residue field trials on assessment process. Therefore, safety the acceptable carcinogenicity studies to soybean forage and hay. - A total of 17 factors are used in conjunction with date, the Agency performed an MOE acceptable residue field trials on dosing levels at which no or only the threshold-type analysis based on the soybean forage and hay have already first symptoms of exposure to the NOAEL for female mice to produce a been submitted and provide strong pesticide were seen to provide a worst-case cancer risk assessment and support for establishment of substantial additional margin of safety. found there to be no risk of concern. pyraclostrobin tolerances of 5 ppm in/ This mechanism helps assure that • Six more residue samples from on soybean forage and 7 ppm in/on toxicological symptoms will not be previous studies of head lettuce with soybean hay. The Agency therefore elicited in members of the U.S. wrapper leaves, one more residue field believes that the additional studies, population by beneficial, labeled uses of trial on head lettuce, and one more while required by our standard the pesticide. The fact that very high residue field trial on leaf lettuce. - A operating procedure, will simply serve doses of a pesticide cause toxicological total of 6 acceptable head lettuce and 6 to confirm the results of the acceptable symptoms is not, by itself, enough to acceptable leaf lettuce residue field data we have already evaluated. make approval of uses of that pesticide trials were submitted and, along with 12 6. Ms. Sachau feels that the lack of unreasonable. acceptable celery and 8 acceptable data on endocrine disruption show that 5. Ms. Sachau feels that if all data are spinach residue field trials, provide the ‘‘product’’ is not ready to be used in not available, the Agency should not strong support for establishment of a the U.S. proceed with establishment of the pyraclostrobin tolerance of 29 ppm on Agency response: EPA is required by tolerances. leafy vegetables (except brassica). The the FFDCA, as amended by the Food Agency response: The studies the Agency therefore believes that the Quality Protection Act (FQPA), to Agency still requires for reasonably additional studies, while required by develop a screening program to complete data support of the currently our standard operating procedure, will determine whether certain substances registered uses and the additional uses simply serve to confirm the results of (including all pesticide product active that will be enabled by the the acceptable data we have already and other ingredients) ‘‘may have an establishment of the tolerances in this evaluated. effect in humans that is similar to an rule are as follow, along with the • Four more treated samples of effect produced by a naturally occurring reasons why they do not interfere with cabbage with wrapper leaves. - A total estrogen, or other such endocrine effects the completion of this rule. It should of 8 acceptable residue field trials on as the [EPA] Administrator may also be noted that there are always more cabbage have already been submitted designate.’’ Following the data that could theoretically be and, together with 7 broccoli field trials, recommendations of its Endocrine required, and that data requirements do provide strong support for Disruptor and Testing Advisory change through time. Data gaps such as establishment of pyraclostrobin Committee (EDSTAC), EPA determined those discussed below are, in general, tolerances of 16 ppm in/on brassica that there was a scientific basis for considered to simply be supplementary head and stem vegetables. The Agency including, as part of the program, the or confirmatory to the large body of therefore believes that the additional androgen and thyroid hormone systems, acceptable data that has already been studies, while required by our standard in addition to the estrogen hormone submitted to the Agency in support of operating procedure, will simply serve system. EPA also adopted EDSTAC’s the tolerances and uses that are to confirm the results of the acceptable recommendation that the Program contemplated by this rule. data we have already evaluated. include evaluations of potential effects • A 28-day inhalation toxicity study. • Three more residue field trial on on wildlife. For pesticide chemicals - This study has been required so that mustard greens. - A total of 5 acceptable EPA will use Federal Fungicide, the Agency can confirm that repeated residue field trials on mustard greens Insecticide and Rodenticide Act (FIFRA) exposure of the lungs to pyraclostrobin, have already been submitted and and, to the extent that effects in wildlife an irritating chemical, is reasonably provide strong support for may help determine whether a safe. Since no incidents are known to establishment of pyraclostrobin substance may have an effect in the Agency, after two years of tolerances of 16 ppm in/on brassica humans, FFDCA authority the wildlife registration, where exposure to leafy greens. The Agency therefore evaluations. As the science develops pyraclostrobin has lead to lung damage, believes that the additional studies, and resources allow, screening of continued use of this fungicide while while required by our standard additional hormone systems may be this study is being completed does not operating procedure, will simply serve added to the Endocrine Disruptor seem unreasonable. to confirm the results of the acceptable Screening Program (EDSP). In the • A new carcinogenicity study of data we have already evaluated. available toxicity studies on female mice. - Two carcinogenicity • One more residue field trial on pyraclostrobin, there was no estrogen, studies of pyraclostrobin have been dried shelled peas. - A total of 9 androgen, and/or thyroid mediated completed. One, testing both sexes of acceptable residue field trials on dried toxicity. When additional appropriate

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63098 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

screening and/or testing protocols being and deletes the currently existing the regulation that you object to, and the considered under the Agency’s EDSP tolerance in 40 CFR 180.582 for the grounds for the objections (40 CFR have been developed, pyraclostrobin combined residues of pyraclostrobin 178.25). If a hearing is requested, the may be subjected to further screening (carbamic acid, [2-[[[1-(4-chlorophenyl)- objections must include a statement of and/or testing to better characterize 1H-pyrazol-3- the factual issues(s) on which a hearing effects related to endocrine disruption. yl]oxy]methyl]phenyl]methoxy-, methyl is requested, the requestor’s contentions The Agency will respond to new ester) and its desmethoxy metabolite on such issues, and a summary of any information in such a way as is (methyl-N-[[[1-(4-chlorophenyl) pyrazol- evidence relied upon by the objector (40 appropriate at that time, but currently 3-yl]oxy]o-tolyl] carbamate), expressed CFR 178.27). Information submitted in has no evidence that pyraclostrobin is as parent compound in or on bean, dry, connection with an objection or hearing an endocrine disruptor. seed at 0.3 ppm. The latter tolerance is request may be claimed confidential by Furthermore and in conclusion, Ms. superseded by the tolerance for pea and marking any part or all of that Sachau’s comments contained no bean, dried shelled, except soybean, information as CBI. Information so scientific data or other substantive subgroup at 0.3 ppm. A temporary marked will not be disclosed except in evidence to rebut the Agency’s tolerance is established for the accordance with procedures set forth in conclusion that there is a reasonable combined residues of (carbamic acid, [2- 40 CFR part 2. A copy of the certainty that no harm will result from [[[1-(4-chlorophenyl)-1H-pyrazol-3- information that does not contain CBI aggregate exposure to pyraclostrobin yl]oxy]methyl]phenyl]methoxy-, methyl must be submitted for inclusion in the from the establishment of these ester), pyraclostrobin, and methyl-N- public record. Information not marked tolerances. [[[1-(4-chlorophenyl) pyrazol-3-yl]oxy]o- confidential may be disclosed publicly VI. Conclusion tolyl] carbamate, the desmethoxy by EPA without prior notice. metabolite of pyraclostrobin, expressed Mail your written request to: Office of Therefore, tolerances are established as parent compound, in or on the Hearing Clerk (1900L), for the combined residues of carbamic strawberry at 1.5 ppm, the increased Environmental Protection Agency, 1200 acid, [2-[[[1-(4-chlorophenyl)-1H- tolerance expiring on December 31, Pennsylvania Ave., NW., Washington, pyrazol-3- 2005. DC 20460–0001. You may also deliver yl]oxy]methyl]phenyl]methoxy-, methyl ester, pyraclostrobin, and methyl-N-[[[1- VII. Objections and Hearing Requests your request to the Office of the Hearing Clerk in Suite 350, 1099 14th St., NW., (4-chlorophenyl) pyrazol-3-yl]oxy]o- Under section 408(g) of FFDCA, as Washington, DC 20005. The Office of tolyl] carbamate, the desmethoxy amended by FQPA, any person may file the Hearing Clerk is open from 8 a.m. metabolite of pyraclostrobin, expressed an objection to any aspect of this to 4 p.m., Monday through Friday, as parent compound, in or on apple, wet regulation and may also request a excluding legal holidays. The telephone pomace at 8.0 parts per million (ppm); hearing on those objections. The EPA brassica, head and stem, subgroup at 5.0 procedural regulations which govern the number for the Office of the Hearing ppm; brassica, leafy greens, subgroup at submission of objections and requests Clerk is (202) 564–6255. 16.0 ppm; corn, field, grain at 0.1 ppm; for hearings appear in 40 CFR part 178. 2. Tolerance fee payment. If you file corn, field, forage at 5.0 ppm; corn, Although the procedures in those an objection or request a hearing, you field, stover at 17.0 ppm; corn, field, regulations require some modification to must also pay the fee prescribed by 40 refined oil at 0.2 ppm; corn, pop, grain reflect the amendments made to FFDCA CFR 180.33(i) or request a waiver of that at 0.1 ppm; corn, pop, stover at 17.0 by FQPA, EPA will continue to use fee pursuant to 40 CFR 180.33(m). You ppm; corn, sweet, kernel plus cob with those procedures, with appropriate must mail the fee to: EPA Headquarters husks removed at 0.04 ppm; corn, adjustments, until the necessary Accounting Operations Branch, Office sweet, forage at 5.0 ppm; corn, sweet, modifications can be made. The new of Pesticide Programs, P.O. Box stover at 23.0 ppm; fruit, pome, group section 408(g) of FFDCA provides 360277M, Pittsburgh, PA 15251. Please at 1.5 ppm; hop, dried cones at 23.0 essentially the same process for persons identify the fee submission by labeling ppm; legume, forage, except peanut and to ‘‘object’’ to a regulation for an it ‘‘Tolerance Petition Fees.’’ soybean at 25.0 ppm; pea, succulent at exemption from the requirement of a EPA is authorized to waive any fee 0.2 ppm; pea and bean, dried shelled, tolerance issued by EPA under new requirement ‘‘when in the judgement of except soybean, subgroup at 0.3 ppm; section 408(d) of FFDCA, as was the Administrator such a waiver or peppermint at 8.0 ppm; soybean, forage provided in the old sections 408 and refund is equitable and not contrary to at 5.0 ppm; soybean, hay at 7.0 ppm; 409 of FFDCA. However, the period for the purpose of this subsection.’’ For soybean, hulls at 0.06 ppm; soybean, filing objections is now 60 days, rather additional information regarding the seed at 0.04 ppm; spearmint at 8.0 ppm; than 30 days. waiver of these fees, you may contact sunflower at 0.3 ppm; vegetable, leafy, James Tompkins by phone at (703) 305– except brassica, group at 29.0 ppm; A. What Do I Need to Do to File an 5697, by e-mail at vegetable, leaves of root and tuber, Objection or Request a Hearing? [email protected], or by mailing a except sugar beet at 16.0; and vegetable, You must file your objection or request for information to Mr. Tompkins legume, edible podded, subgroup at 0.5 request a hearing on this regulation in at Registration Division (7505C), Office ppm. Tolerances are increased for the accordance with the instructions of Pesticide Programs, Environmental combined residues of carbamic acid, [2- provided in this unit and in 40 CFR part Protection Agency, 1200 Pennsylvania [[[1-(4-chlorophenyl)-1H-pyrazol-3- 178. To ensure proper receipt by EPA, Ave., NW., Washington, DC 20460– yl]oxy]methyl]phenyl]methoxy-, methyl you must identify docket ID number 0001. ester, pyraclostrobin, and methyl-N-[[[1- OPP–2004–0325 in the subject line on If you would like to request a waiver (4-chlorophenyl) pyrazol-3-yl]oxy]o- the first page of your submission. All of the tolerance objection fees, you must tolyl] carbamate, the desmethoxy requests must be in writing, and must be mail your request for such a waiver to: metabolite of pyraclostrobin, expressed mailed or delivered to the Hearing Clerk James Hollins, Information Resources as parent compound, in or on citrus, on or before December 28, 2004. and Services Division (7502C), Office of dried pulp to 12.5 ppm; citrus, oil to 9.0 1. Filing the request. Your objection Pesticide Programs, Environmental ppm; and fruit, citrus, group to 2.0 ppm, must specify the specific provisions in Protection Agency, 1200 Pennsylvania

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63099

Ave., NW., Washington, DC 20460– subject to OMB approval under the as described in Executive Order 13175, 0001. Paperwork Reduction Act (PRA), 44 entitled Consultation and Coordination 3. Copies for the Docket. In addition U.S.C. 3501 et seq., or impose any with Indian Tribal Governments (65 FR to filing an objection or hearing request enforceable duty or contain any 67249, November 6, 2000). Executive with the Hearing Clerk as described in unfunded mandate as described under Order 13175, requires EPA to develop Unit VI.A., you should also send a copy Title II of the Unfunded Mandates an accountable process to ensure of your request to PIRIB for its inclusion Reform Act of 1995 (UMRA) (Public ‘‘meaningful and timely input by tribal in the official record that is described in Law 104–4). Nor does it require any officials in the development of ADDRESSES. Mail your copies, identified special considerations under Executive regulatory policies that have tribal by docket ID number OPP–2004–0325, Order 12898, entitled Federal Actions to implications.’’ ‘‘Policies that have tribal to: Public Information and Records Address Environmental Justice in implications’’ is defined in the Integrity Branch, Information Resources Minority Populations and Low-Income Executive order to include regulations and Services Division (7502C), Office of Populations (59 FR 7629, February 16, that have ‘‘substantial direct effects on Pesticide Programs, Environmental 1994); or OMB review or any Agency one or more Indian tribes, on the Protection Agency, 1200 Pennsylvania action under Executive Order 13045, relationship between the Federal Ave., NW., Washington, DC 20460– entitled Protection of Children from Government and the Indian tribes, or on 0001. In person or by courier, bring a Environmental Health Risks and Safety the distribution of power and copy to the location of the PIRIB Risks (62 FR 19885, April 23, 1997). responsibilities between the Federal described in ADDRESSES. You may also This action does not involve any Government and Indian tribes.’’ This send an electronic copy of your request technical standards that would require rule will not have substantial direct via e-mail to: [email protected]. Agency consideration of voluntary effects on tribal governments, on the Please use an ASCII file format and consensus standards pursuant to section relationship between the Federal avoid the use of special characters and 12(d) of the National Technology Government and Indian tribes, or on the any form of encryption. Copies of Transfer and Advancement Act of 1995 distribution of power and electronic objections and hearing (NTTAA), Public Law 104–113, section responsibilities between the Federal requests will also be accepted on disks 12(d) (15 U.S.C. 272 note). Since Government and Indian tribes, as in WordPerfect 6.1/8.0 or ASCII file tolerances and exemptions that are specified in Executive Order 13175. format. Do not include any CBI in your established on the basis of a petition Thus, Executive Order 13175 does not electronic copy. You may also submit an apply to this rule. electronic copy of your request at many under section 408(d) of FFDCA, such as Federal Depository Libraries. the tolerances in this final rule, do not IX. Congressional Review Act require the issuance of a proposed rule, B. When Will the Agency Grant a the requirements of the Regulatory The Congressional Review Act, 5 Request for a Hearing? Flexibility Act (RFA) (5 U.S.C. 601 et U.S.C. 801 et seq., as added by the Small seq.) do not apply. In addition, the Business Regulatory Enforcement A request for a hearing will be granted Fairness Act of 1996, generally provides if the Administrator determines that the Agency has determined that this action will not have a substantial direct effect that before a rule may take effect, the material submitted shows the following: agency promulgating the rule must There is a genuine and substantial issue on States, on the relationship between the national government and the States, submit a rule report, which includes a of fact; there is a reasonable possibility copy of the rule, to each House of the that available evidence identified by the or on the distribution of power and responsibilities among the various Congress and to the Comptroller General requestor would, if established resolve of the United States. EPA will submit a one or more of such issues in favor of levels of government, as specified in Executive Order 13132, entitled report containing this rule and other the requestor, taking into account required information to the U.S. Senate, uncontested claims or facts to the Federalism (64 FR 43255, August 10, 1999). Executive Order 13132 requires the U.S. House of Representatives, and contrary; and resolution of the factual the Comptroller General of the United issues(s) in the manner sought by the EPA to develop an accountable process to ensure ‘‘meaningful and timely input States prior to publication of this final requestor would be adequate to justify rule in the Federal Register. This final the action requested (40 CFR 178.32). by State and local officials in the development of regulatory policies that rule is not a ‘‘major rule’’ as defined by VIII. Statutory and Executive Order have federalism implications.’’ ‘‘Policies 5 U.S.C. 804(2). Reviews that have federalism implications’’ is List of Subjects in 40 CFR Part 180 This final rule establishes tolerances defined in the Executive order to under section 408(d) of FFDCA in include regulations that have Environmental protection, response to a petition submitted to the ‘‘substantial direct effects on the States, Administrative practice and procedure, Agency. The Office of Management and on the relationship between the national Agricultural commodities, Pesticides Budget (OMB) has exempted these types government and the States, or on the and pests, Reporting and recordkeeping of actions from review under Executive distribution of power and requirements. Order 12866, entitled Regulatory responsibilities among the various Dated: September 30, 2004. Planning and Review (58 FR 51735, levels of government.’’ This final rule October 4, 1993). Because this rule has directly regulates growers, food Lois Rossi, been exempted from review under processors, food handlers and food Executive Order 12866 due to its lack of retailers, not States. This action does not Director, Registration Division, Office of Pesticide Programs. significance, this rule is not subject to alter the relationships or distribution of Executive Order 13211, Actions power and responsibilities established I Therefore, 40 CFR chapter I is Concerning Regulations That by Congress in the preemption amended as follows: Significantly Affect Energy Supply, provisions of section 408(n)(4) of PART 180—[AMENDED] Distribution, or Use (66 FR 28355, May FFDCA. For these same reasons, the 22, 2001). This final rule does not Agency has determined that this rule I 1. The authority citation for part 180 contain any information collections does not have any ‘‘tribal implications’’ continues to read as follows:

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63100 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

Authority: 21 U.S.C. 321(q), 346a and 371. Commodity Parts per million Commodity Parts per million I 2. Section 180.582 is amended as follows: Corn, field, refined oil ..... 0.2 Soybean, seed ...... 0.04 i. In paragraph (a)(1) by alphabetically Corn, field, stover ...... 17.0 Spearmint ...... 8.0 adding commodities to the table; by Corn, pop, grain ...... 0.1 *** * * revising the tolerance levels for ‘‘Citrus, Corn, pop, stover ...... 17.0 Corn, sweet, forage ...... 5.0 dried pulp, ’’ ‘‘Citrus, oil’’ and ‘‘Fruit, Sunflower ...... 0.3 Corn, sweet, kernel plus *** * * citrus, group’’, and by removing the cob with husks re- commodity ‘‘Bean, dry, seed’’. moved ...... 0.04 Vegetable, leafy, except ii. By adding paragraph (a)(3). Corn, sweet, stover ...... 23.0 brassica, group ...... 29.0 The amendments to paragraph (a) Fruit, citrus, group ...... 2.0 Vegetable, leaves of root read as follows: Fruit, pome, group ...... 1.5 and tuber, except *** * *sugar beet ...... 16.0 § 180.582 Pyraclostrobin; tolerances for Vegetable, legume, edi- residues. Hop, dried cones ...... 23.0 ble podded, subgroup 0.5 (a) General. (1)*** Legume, forage, except *** * * peanut and soybean, Commodity Parts per million subgroup ...... 25.0 *** * ** * * * * *** * * Pea, succulent ...... 0.2 (3) Tolerances are established for Apple, wet pomace ...... 8.0 Pea and bean, dried combined residues of the fungicide *** * *shelled, except soy- pyraclostrobin (carbamic acid, [2-[[[1-(4- bean, subgroup ...... 0.3 chlorophenyl)-1H-pyrazol-3- Brassica, head and stem, *** * *yl]oxy]methyl]phenyl]methoxy-, methyl subgroup ...... 5.0 ester) and its desmethoxy metabolite Peppermint ...... 8.0 Brassica, leafy greens, methyl 2-[[[1-(4-chlorophenyl)-1H- subgroup ...... 16.0 *** * * Citrus, dried pulp ...... 12.5 pyrazol-3-yl]oxy]methyl]phenyl Citrus, oil ...... 9.0 Soybean, forage ...... 5.0 carbamate, expressed as parent Corn, field, forage ...... 5.0 Soybean, hay ...... 7.0 compound, in or on the following raw Corn, field, grain ...... 0.1 Soybean, hulls ...... 0.06 agricultural commodity:

Commodity Parts per million Expiration/Revocation Date

Strawberry ...... 1.5 12/31/05

* * * * * authorization, and is authorizing the the requirements necessary to qualify [FR Doc. 04–24247 Filed 10–28–04; 8:45 am] State’s changes through this final action. for final authorization. BILLING CODE 6560–50–S DATES: This final authorization will be A. Why Are Revisions to State effective on October 29, 2004. Programs Necessary? ADDRESSES: You can view and copy States which have received final ENVIRONMENTAL PROTECTION Indiana’s application from 9 a.m. to 4 authorization from EPA under RCRA AGENCY p.m. at the following addresses: Indiana section 3006(b), 42 U.S.C. 6926(b), must 40 CFR Part 271 Department of Environmental maintain a hazardous waste program Management, 100 North Senate, that is equivalent to, consistent with, Indianapolis, Indiana, (mailing address and no less stringent than the Federal [FRL–7832–2] P.O. Box 6015, Indianapolis, Indiana program. As the Federal program Indiana: Final Authorization of State 46206) contact Steve Mojonnier (317) changes, States must change their Hazardous Waste Management 233–1655, or Lynn West (317) 232– programs and ask EPA to authorize the Program Revision 3593, and EPA Region 5, contact Gary changes. Changes to State programs may Westefer at the following address. be necessary when Federal or State AGENCY: Environmental Protection statutory or regulatory authority is FOR FURTHER INFORMATION CONTACT: Gary Agency (EPA). Westefer, Indiana Regulatory Specialist, modified or when certain other changes ACTION: Final rule. U.S. EPA Region 5, DM–7J, 77 West occur. Most commonly, States must Jackson Boulevard, Chicago, Illinois change their programs because of SUMMARY: The EPA is granting Indiana 60604, (312) 886–7450. changes to EPA’s regulations in 40 Code final authorization of the changes to its of Federal Regulations (CFR) parts 124, hazardous waste program under the SUPPLEMENTARY INFORMATION: On April 260 through 266, 268, 270, 273 and 279. Resource Conservation and Recovery 20, 2004, U.S. EPA published a Act (RCRA). The Agency published a proposed rule (69 FR 21077) proposing B. What Decisions Have We Made in proposed rule on April 20, 2004 and to grant Indiana authorization for This Rule? provided for public comment. The changes to its Resource Conservation We conclude that Indiana’s public comment period ended on May and Recovery Act program, listed in application to revise its authorized 20, 2004. We received no comments. No section F of that notice, which was program meets all of the statutory and further opportunity for comment will be subject to public comment. No regulatory requirements established by provided. EPA has determined that comments were received. We hereby RCRA. Therefore, we propose to grant Indiana’s revisions satisfy all the determine that Indiana’s hazardous Indiana Final authorization to operate requirements needed to qualify for final waste program revisions satisfy all of its hazardous waste program with the

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63101

changes described in the authorization 3008, 3013, and 7003, which include, authorization for changes to their application. Indiana has responsibility among others, authority to: program on October 31, 1986, effective for permitting Treatment, Storage, and • Do inspections, and require December 31, 1986 (51 FR 39752); Disposal Facilities (TSDFs) within its monitoring, tests, analyses or reports; January 5, 1988, effective January 19, borders (except in Indian Country) and • Enforce RCRA requirements and 1988 (53 FR 128); July 13, 1989, for carrying out the aspects of the RCRA suspend or revoke permits; effective September 11, 1989 (54 FR program described in its revised • Take enforcement actions regardless 29557); July 23, 1991, effective program application, subject to the of whether the State has taken its own September 23, 1991 (56 FR 33717); July limitations of the Hazardous and Solid actions. 24, 1991, effective September 23, 1991 Waste Amendments of 1984 (HSWA). This action does not impose (56 FR 33866); July 29, 1991, effective New Federal requirements and additional requirements on the September 27, 1991 (56 FR 35831); July prohibitions imposed by Federal regulated community because the 30, 1991, effective September 30, 1991 regulations that EPA promulgates under regulations for which Indiana is being (56 FR 36010); August 20, 1996, the authority of HSWA take effect in authorized by today’s action are already effective October 21, 1996 (61 FR authorized States before they are effective, and are not changed by today’s 43018); September 1, 1999, effective authorized for the requirements. Thus, action. November 30, 1999 (64 FR 47692), January 4, 2001 effective January 4, 2001 EPA will implement those requirements D. Proposed Rule and prohibitions in Indiana, including (66 FR 733), and December 6, 2001 issuing permits, until the State is On April 20, 2004 (69 FR 21077), EPA effective December 6, 2001 (66 FR granted authorization to do so. published a proposed rule. In that rule 63331). we proposed granting authorization of F. What Changes Are We Authorizing C. What Is the Effect of Today’s changes to Indiana’s hazardous waste With Today’s Action? Authorization Decision? program and opened our decision to public comment. The Agency received On March 26, 2003, Indiana This decision means that a facility in no comments on this proposal. EPA submitted a final complete program Indiana subject to RCRA will now have found Indiana’s RCRA program to be revision application, seeking to comply with the authorized State satisfactory. authorization of their changes in requirements (listed in section F of this accordance with 40 CFR 271.21. We notice) instead of the equivalent Federal E. What Has Indiana Previously Been now make a final decision, that requirements in order to comply with Authorized for? Indiana’s hazardous waste program RCRA. Indiana has enforcement Indiana initially received Final revision satisfies all of the requirements responsibilities under its State authorization on January 31, 1986, necessary to qualify for Final hazardous waste program for violations effective January 31, 1986 (51 FR 3955) authorization. Therefore, we propose to of such program, but EPA retains its to implement the RCRA hazardous grant Indiana Final authorization for the authority under RCRA sections 3007, waste management program. We granted following program changes:

Description of federal requirement (include check- Federal Register (date and page (and/ list #, if relevant) or RCRA statutory authority) Analogous state authority

Mineral Processing Secondary Materials Exclusion May 26, 1998, 63 FR 28556 ...... 329 IAC 3.1–6–1; 3.1–6–2 (2); Effective May 4, Checklist 167D. 2001. Land Disposal Restrictions Phase IV: Treatment May 11, 1999, 64 FR 25408 ...... 329 IAC 3.1–6–1; 3.1–6-2(2); 3.1–7–1; 3.1–12–1; Standards For Wood Preserving Wastes, Treat- 3.1–12–2(5),(7); Effective May 4, 2001. ment Standards for Metal Wastes, Zinc Micro- nutrient Fertilizers, Carbamate Treatment Stand- ards, and K088 Treatment Standards Checklist 179. Guidelines Establishing Test Procedures for the May 14, 1999, 64 FR 26315 ...... 329 IAC 3.1–1–7; Effective May 4, 2001. Analysis of Oil and Grease and Non-Polar Mate- rial Under the Clean Water Act and the Re- source Conservation and Recovery Act Checklist 180. Hazardous Waste Management System; Modifica- July 6, 1999, 64 FR 36466 ...... 329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–6–1; 3.1–9–1; tion of the Hazardous Waste Program; Haz- 3.1–9–2(1); 3.1–10–1; 3.1–10–2(1),(2),(3); 3.1– ardous Waste Lamps Checklist 181. 12–1; 3.1–12–2(4); 3.1–13–1; 3.1–13– 2(1),(2),(3); 3.1–13–3 through 3.1–13–17; 3.1– 16–1; 3.1–16–2(a)(1); 3.1–16–2(a)(4); 3.1–16– 2(a)(5); 3.1–16–2(a)(8); 3.1–16–2(b); Effective May 4, 2001. NESHAPS: Final Standards for Hazardous Air Pol- September 30, 1999, 64 FR 52827 ...... 329 IAC 3.1–4–1; 3.1–4–(b); 3.1–6–1; 3.1–9–1; lutants for Hazardous Waste Combustors. 3.1–10-1; 3.1–11–1; 3.1–13–1; Effective May Checklist 182 as amended. 4, 2001. Checklist 182.1 ...... November 19, 1999, 64 FR 63209. Land Disposal Restrictions Phase IV; Final Rule October 20, 1999, 64 FR 56469 ...... 329 IAC 3.1–6–1; 3.1–6–2(17); 3.1–7–1; 3.1–12– Promulgating Treatment Standards for Metal 1; Effective May 4, 2001. Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Ex- clusion Issues; Treatment Standards for Haz- ardous Soils, and Exclusion of Recycled Wood Preserving Wastewaters; Technical Correction Checklist 183.

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63102 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations

Description of federal requirement (include check- Federal Register (date and page (and/ list #, if relevant) or RCRA statutory authority) Analogous state authority

180 Day Accumulation Time Under RCRA for March 8, 2000, 65 FR 12378 ...... 329 IAC 3.1–7–1; Effective May 4, 2001. Waste Water Treatment Sludges from the Metal Finishing Industry Checklist 184. Organobromine Production Wastes; Identification March 17, 2000; 65 FR 14472 ...... 329 IAC 3.1–6–1; 3.1–6–2(17),(18),(19); 3.1–12– and Listing of Hazardous Waste; Land Disposal 1; 3.1–12–2(10); Effective May 4, 2001. Restrictions; Listing of CERCLA Hazardous Sub- stances, Reportable Quantities Checklist 185. Organobromine Production Wastes; Petroleum Re- June 8, 2000; 65 FR 36365 ...... 329 IAC 3.1–6–1; 3.1–12–1; Effective May 4, fining Wastes; Identification and Listing of Haz- 2001. ardous Waste; Land Disposal Restrictions; Final Rule and Correcting Amendments Checklist 187. NESHAPS: Standards for Hazardous Air Pollutants July 10, 2000; 65 FR 42292 ...... 329 IAC 3.1–6–1; 3.1–9–1; 3.1–13–1; Effective for Hazardous Waste Combustors; Final Rule, July 3, 2002. Technical Correction Checklist 188 as amended. Checklist 188.1 ...... May 14, 2001, 66 FR 24270. Hazardous Waste Management System; Identifica- November 8, 2000, 65 FR 67068 ...... 329 IAC 3.1–6–1; 3.1–6–2(17); 3.1–6–2(19), (20); tion and Listing of Hazardous Waste; 3.1–12–1; Effective July 3, 2002. Chlorinated Alphatics Production Wastes; Land Disposal Restrictions for Newly Identified Wastes; CERCLA Hazardous Substance Des- ignation and Reportable Quantities Checklist 189. Deferral of Phase IV Standards for PCBs as a December 26, 2000; 65 FR 81373 ...... 329 IAC 3.1–12–1; Effective July 3, 2002. Constituent Subject to Treatment in Soil Check- list 190. Storage, Treatment, Transportation, and Disposal May 16, 2001, 66 FR 27218 ...... 329 IAC 3.1–11–1; Effective July 3, 2002. of Mixed Waste Checklist 191. Hazardous Waste Identification Rule (HWIR) Revi- May 16, 2001, 66 FR 27266 ...... 329 IAC 3.1–6–1; Effective July 3, 2002. sions to the Mixture and Derived-From Rules Checklist 192A. Land Disposal Restrictions Correction Checklist May 16, 2001, 66 FR 27266 ...... 329 IAC 3.1–12–1; Effective July 3, 2002. 192B. Change of Official EPA Mailing Address; Additional June 28, 2001, 66 FR 34374 ...... 329 IAC 3.1–1–7; Effective July 3, 2002. Technical Amendments and Corrections Check- list 193.

G. Where Are the Revised State Rules I. How does Today’s Action Affect and including those revised January 4, Different From the Federal Rules? Indian Country (18 U.S.C. 1151) in 2001, have previously been codified Indiana? through the incorporation-by-reference Indiana has excluded the non- effective December 24, 2001 (66 FR delegable Federal requirements at 40 Indiana is not authorized to carry out its hazardous waste program in ‘‘Indian 53728, October 24, 2001). We reserve CFR 268.5, 268.6, 268.42(b), 268.44, and the amendment of 40 CFR part 272, 270.3 in their Incorporation by Country’’, as defined in 18 U.S.C. 1151. Indian Country includes: subpart P for the codification of Reference at 3.1–12–2 and 3.1–13–2(4). 1. All lands within the exterior Indiana’s program changes until a later EPA will continue to implement those boundaries of Indian reservations date. requirements. within or abutting the State of Indiana; K. Administrative Requirements H. Who Handles Permits After the 2. Any land held in trust by the U.S. Authorization Takes Effect? for an Indian tribe; and The Office of Management and Budget 3. Any other land, whether on or off has exempted this action from the Indiana will issue permits for all the an Indian reservation that qualifies as requirements of Executive Order 12866 provisions for which it is authorized Indian Country. Therefore, this action (58 FR 51735, October 4, 1993), and and will administer the permits it has no effect on Indian Country. EPA therefore this action is not subject to issues. EPA will continue to administer retains the authority to implement and review by OMB. This action authorizes any RCRA hazardous waste permits or administer the RCRA program in Indian State requirements for the purpose of portions of permits which we issued Country. However, at this time, there is RCRA section 3006 and imposes no prior to the effective date of this no Indian Country within the State of additional requirements beyond those authorization until they expire or are Indiana. imposed by State law. Accordingly, I certify that this action will not have a terminated. We will not issue any more J. What is Codification and is EPA new permits or new portions of permits significant economic impact on a Codifying Indiana’s Hazardous Waste substantial number of small entities for the provisions listed in the Table Program as Authorized in this Rule? above after the effective date of this under the Regulatory Flexibility Act (5 authorization. EPA will continue to Codification is the process of placing U.S.C. 601 et seq.). Because this action implement and issue permits for HSWA the State’s statutes and regulations that authorizes pre-existing requirements requirements for which Indiana is not comprise the State’s authorized under State law and does not impose hazardous waste program into the Code any additional enforceable duty beyond yet authorized. of Federal Regulations. We do this by that required by State law, it does not referencing the authorized State rules in contain any unfunded mandate or 40 CFR part 272. Indiana’s rules, up to significantly or uniquely affect small

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63103

governments, as described in the regulatory action under Executive Order takings implications of the rule in Unfunded Mandates Reform Act of 1995 12866. accordance with the Attorney General’s (Public Law 104–4). This action does Under RCRA section 3006(b), EPA Supplemental Guidelines for the not have tribal implications within the grants a State’s application for Evaluation of Risk and Avoidance of meaning of Executive Order 13175 (65 authorization as long as the State meets Unanticipated Takings issued under the FR 67249, November 9, 2000). This the criteria required by RCRA. It would executive order. action will not have substantial direct thus be inconsistent with applicable law This rule does not impose an effects on the States, on the relationship for EPA, when it reviews a State information collection burden under the between the national government and authorization application, to require the provisions of the Paperwork Reduction the States, or on the distribution of use of any particular voluntary Act of 1995 (44 U.S.C. 3501 et seq.). power and responsibilities among the consensus standard in place of another various levels of government, as standard that otherwise satisfies the List of Subjects in 40 CFR Part 271 specified in Executive Order 13132 (64 requirements of RCRA. Thus, the Environmental protection, FR 43255, August 10, 1999), because it requirements of section 12(d) of the Administrative practice and procedure, merely authorizes State requirements as National Technology Transfer and Confidential business information, part of the State RCRA hazardous waste Advancement Act of 1995 (15 U.S.C. Hazardous waste, Hazardous waste program without altering the 272 note) do not apply. This rule does transportation, Indian lands, relationship or the distribution of power not include environmental justice issues Intergovernmental relations, Penalties, and responsibilities established by that require consideration under Reporting and recordkeeping RCRA. This action also is not subject to Executive Order 12898 (59 FR 7629, requirements. Executive Order 13045 (62 FR 19885, February 16, 1994). As required by April 23, 1997), because it is not section 3 of Executive Order 12988 (61 Authority: This action is issued under the authority of sections 2002(a), 3006 and economically significant and it does not FR 4729, February 7, 1996), in issuing 7004(b) of the Solid Waste Disposal Act as make decisions based on environmental this rule, EPA has taken the necessary amended 42 U.S.C. 6912(a), 6926, 6974(b). health or safety risks. This action is not steps to eliminate drafting errors and subject to Executive Order 13211, ambiguity, minimize potential litigation, Dated: October 19, 2004. ‘‘Actions Concerning Regulations That and provide a clear legal standard for Bharat Mathur, Significantly Affect Energy Supply, affected conduct. EPA has complied Acting Regional Administrator, Region 5. Distribution or Use’’ (66 FR 28355, May with Executive Order 12630 (53 FR [FR Doc. 04–24243 Filed 10–28–04; 8:45 am] 22, 2001) because it is not a significant 8859, March 15, 1988) by examining the BILLING CODE 6560–50–P

VerDate jul<14>2003 14:57 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 63104

Proposed Rules Federal Register Vol. 69, No. 209

Friday, October 29, 2004

This section of the FEDERAL REGISTER • Government-wide rulemaking Web We will post all comments we contains notices to the public of the proposed site: Go to 1http://www.regulations.gov receive, without change, to http:// issuance of rules and regulations. The and follow the instructions for sending dms.dot.gov, including any personal purpose of these notices is to give interested your comments electronically. information you provide. We will also persons an opportunity to participate in the • Mail: Docket Management Facility; post a report summarizing each rule making prior to the adoption of the final U.S. Department of Transportation, 400 rules. substantive verbal contact with FAA Seventh Street, SW., Nassif Building, personnel concerning this proposed AD. Room PL–401, Washington, DC 20590. Using the search function of the DMS • DEPARTMENT OF TRANSPORTATION Fax: (202) 493–2251. Web site, anyone can find and read the • Hand Delivery: Room PL–401 on comments in any of our dockets, Federal Aviation Administration the plaza level of the Nassif Building, including the name of the individual 400 Seventh Street, SW., Washington, who sent the comment (or signed the 14 CFR Part 39 DC, between 9 a.m. and 5 p.m., Monday comment on behalf of an association, through Friday, except Federal holidays. business, labor union, etc.). You may [Docket No. FAA–2004–18024; Directorate You can get the service information Identifier 2003–NE–39–AD] review the DOT’s complete Privacy Act identified in this proposed AD from Statement in the Federal Register RIN 2120–AA64 Rolls-Royce Limited, Bristol Engines published on April 11, 2000 (65 FR Division, Technical Publications 19477–78), or you may visit http:// Airworthiness Directives; Rolls-Royce Department CLS–4, P.O. Box 3, Filton, dms.dot.gov. (1971) Limited, Bristol Engine Division Bristol, BS34 7QE England; telephone Model Viper Mk.601–22 Turbojet 117–979–1234, fax 117–979–7575. Examining the AD Docket Engines You may examine the comments on You may examine the docket that this proposed AD in the AD docket on contains the proposal, any comments AGENCY: Federal Aviation the Internet at http://dms.dot.gov. received and any final disposition in Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Ian person at the DMS Docket Offices ACTION: Notice of proposed rulemaking Dargin, Aerospace Engineer, Engine between 9 a.m. and 5 p.m., Monday (NPRM). Certification Office, FAA, Engine and through Friday, except Federal holidays. SUMMARY: The FAA proposes to Propeller Directorate, 12 New England The Docket Office (telephone (800) 647– supersede an existing airworthiness Executive Park, Burlington, MA 01803– 5227) is located on the plaza level of the directive (AD) for Rolls-Royce (1971) 5299; telephone (781) 238–7178; fax Department of Transportation Nassif Limited, Bristol Engine Division (RR) (781) 238–7199. Building at the street address stated in model Viper Mk.601–22 turbojet SUPPLEMENTARY INFORMATION: ADDRESSES. Comments will be available in the AD docket shortly after the DMS engines. That AD currently requires Docket Management System (DMS) reducing the life of certain 1st stage receives them. We have implemented new turbine rotor blades from 7,000 hours Discussion time-in-service (TIS) to 4,600 hours TIS, procedures for maintaining AD dockets electronically. As of May 17, 2004, we and provides a drawdown schedule for On June 16, 2004, the FAA issued AD posted new AD actions on the DMS and blades that have already exceeded the 2004–13–03, Amendment 39–13684 (69 assigned a DMS docket number. We new reduced life limit. This proposed FR 34563, June 22, 2004). That AD track each action and assign a AD would require the same actions but requires reducing the life of certain 1st corresponding Directorate identifier. changes certain compliance times to be stage turbine rotor blades from 7,000 The DMS docket No. is in the form in agreement with RR Alert Service hours TIS to 4,600 hours TIS, and ‘‘Docket No. FAA–200X–XXXXX.’’ Each Bulletin (ASB) No. 72–A184, dated provides a drawdown schedule for DMS docket also lists the Directorate January 2001. This proposed AD results blades that have already exceeded the identifier (‘‘Old Docket Number’’) as a from comments received on AD 2004– new reduced life limit. That AD was the cross-reference for searching purposes. 13–03, that the AD is unnecessarily result of the manufacturer’s more restrictive than the requirements Comments Invited investigations into failures of 1st stage turbine rotor blades. That condition, if in the associated RR ASB No. 72–A184. We invite you to submit any written We are proposing this AD to prevent not corrected, could result in multiple relevant data, views, or arguments failures of 1st stage turbine rotor blades multiple failures of 1st stage turbine regarding this proposal. Send your rotor blades that could result in a dual- that could result in a dual-engine comments to an address listed under shutdown. engine shutdown. ADDRESSES. Include ‘‘Docket No. FAA– DATES: We must receive any comments 2004–18024; Directorate Identifier 2003- Comments Received Since AD 2004–13– on this proposed AD by December 28, NE–39-AD’’ in the subject line of your 03 Was Issued 2004. comments. We specifically invite Since we issued final rule; request for ADDRESSES: Use one of the following comments on the overall regulatory, comments AD 2004–13–03, we have addresses to submit comments on this economic, environmental, and energy considered the comments received. proposed AD. aspects of the proposed AD. We will • DOT Docket Web site: Go to consider all comments received by the Paragraph (g)(4) in Table 1 Is More http://dms.dot.gov and follow the closing date and may amend the Restrictive Than the SB instructions for sending your comments proposed AD in light of those One commenter requests that we electronically. comments. revise paragraph (g)(4) in Table 1 so that

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63105

the limits are only applicable to engines Relevant Service Information affected by this proposed AD. We with 5,800 hours TIS or more. As We have reviewed and approved the estimate that no additional labor cost currently written, that paragraph is technical contents of RR Alert Service will be incurred to replace 1st stage more restrictive than RR ASB No. 72- Bulletin (ASB) 72-A184, dated January turbine rotor blades when done at time A184, dated January 2001, and not 2001, that describes procedures for of engine overhaul. A replacement set consistent with it. managing engine configurations to 1st stage turbine rotor blades costs about We agree. Based on paragraph (g)(4) of reduce the risk of dual-engine $166,987. Based on these figures, we AD 2004–13–03, it is possible that an shutdowns. The CAA classified this estimate the total cost of the proposed engine with fewer than 5,800 hours TIS, service bulletin as mandatory and AD to U.S. operators to be $14,026,950. but exceeding either the 200-hour or 6- issued AD 004–01–2001 in order to Regulatory Findings month limit from the effective date of ensure the airworthiness of these RR the AD, would have to be removed from engines in the UK. We have determined that this service. The intent was that after 6 proposed AD would not have federalism Differences Between This Proposed AD months from the effective date of the AD implications under Executive Order and the Service Information and up to 3 years from the effective date 13132. This proposed AD would not of the AD, engines be allowed to operate RR ASB 72-A184, dated January 2001, have a substantial direct effect on the up to a maximum of 5,800 hours TIS. specifies the date of receipt of the ASB States, on the relationship between the We have rewritten the second column as the baseline for the compliance time. national Government and the States, or for paragraph (g)(4) in Table 1 of this This proposed AD specifies the effective on the distribution of power and proposal as follows: date of the AD as the baseline for the responsibilities among the various ‘‘Replace the engine that has the compliance time. levels of government. higher blade life at 5,800 hours TIS or Bilateral Agreement Information For the reasons discussed above, I 6 months after the effective date of this certify that the proposed regulation: This engine model is manufactured in AD, whichever occurs later.’’ 1. Is not a ‘‘significant regulatory the UK and is type certificated for action’’ under Executive Order 12866; We have also added a new paragraph operation in the United States under the 2. Is not a ‘‘significant rule’’ under the (h) to this proposal as follows: provisions of section 21.29 of the DOT Regulatory Policies and Procedures ‘‘(h) No engine may operate with a Federal Aviation Regulations (14 CFR (44 FR 11034, February 26, 1979); and blade life exceeding 5,800 hours TIS, 21.29) and the applicable bilateral applicable beginning 6 months after the airworthiness agreement. Under this 3. Would not have a significant effective date of this AD.’’ bilateral airworthiness agreement, the economic impact, positive or negative, CAA has kept the FAA informed of the on a substantial number of small entities Paragraph (h) Is More Restrictive Than under the criteria of the Regulatory the SB situation described above. We have examined the findings of the CAA, Flexibility Act. One commenter requests that we reviewed all available information, and We prepared a summary of the costs revise paragraph (h) of AD 2004–13–03, determined that AD action is necessary to comply with this proposal and placed so that it is not more restrictive than RR for products of this type design that are it in the AD Docket. You may get a copy ASB No. 72-A184, dated January 2001, certificated for operation in the United of this summary at the address listed and is consistent with it. States. under ADDRESSES. We agree. The intent of paragraph (h) FAA’s Determination and Requirements List of Subjects in 14 CFR Part 39 of AD 2004–13–03 was to remove all of the Proposed AD engines with blades exceeding 4,600 Air transportation, Aircraft, Aviation hours TIS, applicable within 3 years We have evaluated all pertinent safety, Safety. after the effective date of the AD. This information and identified an unsafe The Proposed Amendment wording is not clear and could apply to condition that is likely to exist or an engine, for example, with 1,000 develop on other products of this same Accordingly, under the authority hours TIS. This would force the engine type design. delegated to me by the Administrator, The unsafe condition described off wing after 3 years while the engine the Federal Aviation Administration previously is likely to exist or develop may have only accumulated an proposes to amend 14 CFR part 39 as on other RR Viper Mk.601–22 turbojet additional 1,000 hours TIS, which is far follows: engines of the same type design. We are short of the intended life limit. It is issuing this AD to prevent multiple PART 39—AIRWORTHINESS important to delineate between the near failures of 1st stage turbine rotor blades DIRECTIVES term ‘‘drawdown’’ schedule which that could result in a dual-engine limits blade life to 5,800 hours TIS per 1. The authority citation for part 39 shutdown. We are proposing this AD Table 1, beginning at 6 months and continues to read as follows: which would: continuing up to 3 years from the • Reduce the recommended class B Authority: 49 U.S.C. 106(g), 40113, 44701. effective date of the AD, and the life of certain 1st stage turbine blades, ‘‘objective’’ life limit of 4,600 hours TIS § 39.13 [Amended] P/Ns V926000, V926293 and V926319, which begins at 3 years from the from 7,000 hours TIS to a mandatory life 2. The FAA amends § 39.13 by effective date of this AD. We have limit of 4,600 hours TIS, and removing Amendment 39–13684 (69 FR removed the existing paragraph (h) from • Provide a drawdown schedule for 34563, June 22, 2004) and by adding a this proposal and recodified the engines with blades that have already new airworthiness directive, to read as paragraphs. We have added a new exceeded the new reduced life limit. follows: paragraph (i) to this proposal as follows: Costs of Compliance Rolls-Royce (1971) Limited, Bristol Engine ‘‘(i) No engine may operate with a Division: Docket No. FAA–2004–18024; blade life exceeding 4,600 hours TIS, We estimate that 84 RR model Viper Directorate Identifier 2003-NE–39-AD. applicable beginning 3 years after the Mk.601–22 turbojet engines installed on Supersedes AD 2004–13–03, effective date of this AD.’’ airplanes of U.S. registry would be Amendment 39–13684.

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63106 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

Comments Due Date Unsafe Condition the compliance times specified unless the (a) The Federal Aviation Administration (d) This AD results from comments actions have already been done. (FAA) must receive comments on this received on AD 2004–13–03, that the AD is New Reduced Life Limit airworthiness directive (AD) action by unnecessarily more restrictive than the December 28, 2004. requirements in the associated RR Alert (f) Change the RR Time Limits Manual life Service Bulletin (ASB) No. 72-A184. We are limit for the 1st stage turbine rotor blades, P/ Affected ADs proposing this AD to prevent multiple Ns V926000, V926293, and V926319, from (b) This AD supersedes AD 2004–13–03, failures of 1st stage turbine rotor blades that 7,000 hours time-in-service (TIS) to 4,600 Amendment 39–13684. could result in a dual-engine shutdown. The hours TIS. actions specified in this AD are intended to Applicability (g) Limit the number of installed engines prevent multiple failures of 1st stage turbine (c) This AD applies to Rolls-Royce (1971) rotor blades that could result in a dual-engine with 1st stage turbine rotor blades that Limited, Bristol Engine Division (RR) Model shutdown. exceed 4,600 hours TIS on the effective date Viper Mk.601–22 turbojet engines. These of this AD as specified in the following Table engines are installed on, but not limited to, Compliance 1: Raytheon HS.125 Series 600 and BH.125 (e) You are responsible for having the Series 600 airplanes. actions required by this AD performed within

TABLE 1.—INSTALLED ENGINES

On the effective date of this AD, if Then:

(1) Both engines installed on the airplane have 1st stage turbine rotor Replace the 1st stage turbine rotor blades in the engine that has the blades that exceed 5,800 hours TIS. higher blade life within 50 hours TIS or 6 weeks after the effective date of this AD, whichever occurs first. (2) One engine installed on the airplane has 1st stage turbine rotor Replace the 1st stage turbine rotor blades in the engine that has the blades that exceed turbine 5,800 hours TIS, and the other engine higher blade life within 100 hours TIS or 4 months after the effective has 1st stage turbine rotor blades that exceed 4,600 hours TIS. date of this AD, whichever occurs first. (3) One engine installed on the airplane has 1st stage turbine rotor Replace the 1st stage turbine rotor blades in the engine that has the blades that exceed 5,800 hours TIS, and the other engine has 1st higher blade life within 200 hours TIS or 6 months after the effective stage turbine rotor blades with fewer than 4,600 hours TIS. date of this AD, whichever occurs first. (4) One engine installed on the airplane has 1st stage turbine rotor Replace the 1st stage rotor blades in the engine that has the higher blades that exceed 4,600 hours TIS, but have fewer than 5,800 blade life at 5,800 hours TIS or 6 months after the effective date of hours TIS, and the other engine has 1st turbine stage turbine rotor this AD, whichever occurs later. blades with fewer than 4,600 hours TIS.

(h) No engine may operate with a blade life Issued in Burlington, Massachusetts, on and to determine if steel splice plates exceeding 5,800 hours TIS, applicable October 25, 2004. are installed on the fuselage frames, and beginning 6 months from the effective date of Francis A. Favara, related investigative and corrective this AD. Acting Manager, Engine and Propeller actions. This proposed AD is prompted (i) No engine may operate with a blade life Directorate, Aircraft Certification Service. by reports indicating that severed exceeding 4,600 hours TIS, applicable [FR Doc. 04–24230 Filed 10–28–04; 8:45 am] tension ties were found at the fuselage beginning 3 years from the effective date of BILLING CODE 4910–13–P frame joints at BS 1120 and 1140. We this AD. are proposing this AD to prevent fatigue Installation of Engines After the Effective cracking of the fuselage frame to tension Date of This AD DEPARTMENT OF TRANSPORTATION tie joints, which could result in severing of the tension ties and consequent rapid (j) After the effective date of this AD, do Federal Aviation Administration decompression of the airplane fuselage. not install any engine that has 1st stage DATES: turbine rotor blades, P/Ns V926000, 14 CFR Part 39 We must receive comments on V926293, and V926319, that exceed 4,600 this proposed AD by December 13, hours TIS, except as allowed in Table 1 of [Docket No. FAA–2004–19470; Directorate 2004. Identifier 2003–NM–268–AD] this AD. ADDRESSES: Use one of the following RIN 2120–AA64 Alternative Methods of Compliance addresses to submit comments on this proposed AD. (k) The Manager, Engine Certification Airworthiness Directives; Boeing • DOT Docket Web site: Go to Office, has the authority to approve Model 747–100B SUD, –300, –400, and http://dms.dot.gov and follow the alternative methods of compliance for this –400D Series Airplanes instructions for sending your comments AD if requested using the procedures found electronically. in 14 CFR 39.19 AGENCY: Federal Aviation Administration (FAA), DOT. • Government-wide rulemaking web Material Incorporated by Reference ACTION: Notice of proposed rulemaking site: Go to http://www.regulations.gov (l) None. (NPRM). and follow the instructions for sending your comments electronically. Related Information SUMMARY: The FAA proposes to adopt a • Mail: Docket Management Facility, (m) Civil Aviation Authority airworthiness new airworthiness directive (AD) for U.S. Department of Transportation, 400 directive AD 004–01–2001, dated January certain Boeing Model 747–100B SUD, Seventh Street, SW., Nassif Building, 2001, also addresses the subject of this AD. –300, –400, and –400D series airplanes. room PL–401, Washington, DC 20590. This proposed AD would require a one- • By fax: (202) 493–2251. time inspection for discrepancies of the • Hand Delivery: Room PL–401 on fuselage frame to tension tie joints at the plaza level of the Nassif Building, body stations (BS) 1120 through 1220 400 Seventh Street, SW., Washington,

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63107

DC, between 9 a.m. and 5 p.m., Monday including the name of the individual identical to those on the affected Model through Friday, except Federal holidays. who sent the comment (or signed the 747–400 series airplanes. Therefore, all For service information identified in comment on behalf of an association, of these models may be subject to the this proposed AD, contact Boeing business, labor union, etc.). You can same unsafe condition. review DOT’s complete Privacy Act Commercial Airplanes, P.O. Box 3707, Relevant Service Information Seattle, Washington 98124–2207. Statement in the Federal Register You can examine the contents of this published on April 11, 2000 (65 FR We have reviewed Boeing Special AD docket on the Internet at http:// 19477–78), or you can visit http:// Attention Service Bulletin 747–53– dms.dot.gov, or at the Docket dms.dot.gov. 2483, Revision 1, dated August 28, Management Facility, U.S. Department We are reviewing the writing style we 2003. The service bulletin describes of Transportation, 400 Seventh Street, currently use in regulatory documents. procedures for a one-time detailed SW., room PL–401, on the plaza level of We are interested in your comments on visual inspection for discrepancies the Nassif Building, Washington, DC. whether the style of this document is (cracks; loose, missing, or damaged fasteners or collars) of the fuselage FOR FURTHER INFORMATION CONTACT: clear, and your suggestions to improve Technical Information: Ivan Li, the clarity of our communications that frame to tension tie joints at BS 1120 Aerospace Engineer, Airframe Branch, affect you. You can get more through 1220, and to determine if steel ANM–120S, FAA, Seattle Aircraft information about plain language at splice plates are installed on the Certification Office, 1601 Lind Avenue, http://www.faa.gov/language and http:// fuselage frame, and related investigative www.plainlanguage.gov. SW., Renton, Washington 98055–4056; and corrective actions. The investigative and corrective actions include telephone (425) 917–6437; fax (425) Examining the Docket 917–6590. performing an open-hole eddy current You can examine the AD docket on inspection of the fastener holes if loose, Plain language information: Marcia the Internet at http://dms.dot.gov, or in Walters, [email protected]. missing, or damaged fasteners or collars person at the Docket Management are found, and installing new fasteners SUPPLEMENTARY INFORMATION: Facility office between 9 a.m. and 5 if necessary. Docket Management System (DMS) p.m., Monday through Friday, except The service bulletin also specifies that Federal holidays. The Docket operators may contact the manufacturer The FAA has implemented new Management Facility office (telephone for disposition of certain repair procedures for maintaining AD dockets (800) 647–5227) is located on the plaza instructions, and recommends that the electronically. As of May 17, 2004, new level of the Nassif Building at the DOT manufacturer be contacted if an AD actions are posted on DMS and street address stated in the ADDRESSES aluminum splice plate is installed. assigned a docket number. We track section. Comments will be available in Accomplishing the actions specified each action and assign a corresponding the AD docket shortly after the DMS in the service information is intended to directorate identifier. The DMS AD receives them. adequately address the unsafe docket number is in the form ‘‘Docket condition. No. FAA–2004–99999.’’ The Transport Discussion Airplane Directorate identifier is in the We have received a report indicating FAA’s Determination and Requirements form ‘‘Directorate Identifier 2004–NM– that severed tension ties at the fuselage of the Proposed AD 999–AD.’’ Each DMS AD docket also frame joints at body stations (BS) 1120 We have evaluated all pertinent lists the directorate identifier (‘‘Old and 1140 were found on a Model 747– information and identified an unsafe Docket Number’’) as a cross-reference 400 series airplane. The cause of the condition that is likely to exist or for searching purposes. severed ties was fatigue cracking due to develop on other airplanes of this same incorrect splice plate installation during Comments Invited type design. Therefore, we are the manufacturing process. The splice proposing this AD, which would require We invite you to submit any relevant plates that were installed were made of you to use the service information written data, views, or arguments aluminum instead of steel. When the described previously to perform the regarding this proposed AD. Send your severed tension ties were found, the actions, except as discussed under comments to an address listed under airplane had accumulated ‘‘Differences Between the Proposed AD ADDRESSES. Include ‘‘Docket No. FAA– approximately 6,505 total flight cycles and Service Bulletin.’’ 2004–19470; Directorate Identifier and 52,334 total flight hours. Inspection 2003–NM–268–AD’’ in the subject line of another Model 747–400 series Differences Between the Proposed AD of your comments. We specifically airplane revealed loose fasteners at the and Service Bulletin invite comments on the overall frame to tension tie joints. Loose The service bulletin provides the regulatory, economic, environmental, fasteners in the joints increase the following information in Note 5 of the and energy aspects of the proposed AD. potential for fatigue cracking. That Accomplishment Instructions: ‘‘For the We will consider all comments airplane had accumulated purposes of this service bulletin, do not submitted by the closing date and may approximately 5,875 total flight cycles count flight-cycles with a cabin pressure amend the proposed AD in light of those and 49,426 total flight hours. Inadequate differential of 2.0 [pounds per square comments. installation procedures have been inch (psi)] or less. However, any flight- We will post all comments we determined as the root cause of these cycle with momentary spikes in cabin receive, without change, to http:// incidents. Fatigue cracking of the pressure differential above 2.0 psi must dms.dot.gov, including any personal fuselage frame to tension tie joints, if be included as a full-pressure flight- information you provide. We will also not found and fixed, could result in cycle. Cabin pressure records must be post a report summarizing each severing of the tension ties and maintained for each airplane. Fleet substantive verbal contact with FAA consequent rapid decompression of the averaging of cabin pressure is not personnel concerning this proposed AD. airplane fuselage. allowed.’’ We have determined that an Using the search function of that Web The fuselage frame to tension tie adjustment of flight cycles due to a site, anyone can find and read the joints on certain Model 747–100B SUD, lower cabin differential pressure is not comments in any of our dockets, –300, and –400D series airplanes are substantiated and will not be allowed

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63108 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

for use in determining the flight cycle 2. Is not a ‘‘significant rule’’ under the One-Time Inspection/Investigative and threshold for this proposed AD. DOT Regulatory Policies and Procedures Corrective Actions The service bulletin also specifies (44 FR 11034, February 26, 1979); and (f) Before the accumulation of 4,000 total that, if repair requirements exceed 3. Will not have a significant flight cycles or within 1,000 flight cycles after the effective date of this AD, whichever allowable repair criteria, operators may economic impact, positive or negative, contact the manufacturer for disposition is later: Perform a detailed inspection for on a substantial number of small entities discrepancies of the fuselage frame to tension of repair instructions. This proposed AD under the criteria of the Regulatory tie joints at BS 1120 through BS 1220, and would require operators to repair these Flexibility Act. to determine if steel splice plates are conditions in accordance with a method We prepared a regulatory evaluation installed on the fuselage frames. Do the approved by the FAA or in accordance inspection in accordance with the with data meeting the type certification of the estimated costs to comply with Accomplishment Instructions of Boeing basis of the airplane approved by a this proposed AD. See the ADDRESSES Special Attention Service Bulletin 747–53– Boeing Company Designated section for a location to examine the 2483, Revision 1, dated August 28, 2003. Do Engineering Representative who has regulatory evaluation. any applicable investigative and corrective actions before further flight in accordance been authorized by the FAA to make List of Subjects in 14 CFR Part 39 with the service bulletin, except as provided such findings. by paragraph (h) of this AD. The service bulletin also recommends Air transportation, Aircraft, Aviation safety, Safety. Note 1: For the purposes of this AD, a that the manufacturer be contacted for detailed inspection is: ‘‘An intensive visual repair instructions if an aluminum The Proposed Amendment examination of a specific structural area, splice plate is installed, but this system, installation, or assembly to detect proposed AD would require Accordingly, under the authority damage, failure, or irregularity. Available replacement of the plate with a new delegated to me by the Administrator, lighting is normally supplemented with a plate in accordance with a method the FAA proposes to amend 14 CFR part direct source of good lighting at intensity approved by the FAA, or in accordance 39 as follows: deemed appropriate by the inspector. Inspection aids such as mirror, magnifying with data meeting the type certification PART 39—AIRWORTHINESS lenses, etc., may be used. Surface cleaning basis of the airplane approved by a and elaborate access procedures may be Boeing Company Designated DIRECTIVES required.’’ Engineering Representative who has been authorized by the FAA to make 1. The authority citation for part 39 Determining Number of Flight Cycles for those findings. continues to read as follows: Compliance Time The service bulletin specifies to Authority: 49 U.S.C. 106(g), 40113, 44701. (g) For the purposes of calculating the submit certain information to the compliance threshold for the actions required § 39.13 [Amended] by paragraph (f) of this AD, all pressurized manufacturer, but this proposed AD flight cycles, including the number of flight does not include that requirement. 2. The FAA amends § 39.13 by adding cycles in which cabin differential pressure is Although the service bulletin defines the following new airworthiness at 2.0 pounds per square inch (psi) or less, a ‘‘detailed visual’’ inspection for directive (AD): must be counted when determining the discrepancies, we have determined that number of flight cycles that have occurred on Boeing: Docket No. FAA–2004–19470; the airplane. Where the service bulletin and the procedures in the service bulletin Directorate Identifier 2003–NM–268–AD. should be described as a ‘‘detailed this AD differ, the AD prevails.. inspection.’’ A note has been added to Comments Due Date Repair Requirements define that type of inspection. (a) The Federal Aviation Administration (h) For any repairs outside the limits of (FAA) must receive comments on this AD Costs of Compliance Boeing Special Attention Service Bulletin action by December 13, 2004. 747–53–2483, Revision 1, dated August 28, This proposed AD would affect about Affected ADs 2003, or if any aluminum splice plate is 67 airplanes of U.S. registry and 537 installed on the fuselage frames: Repair or airplanes worldwide. The proposed (b) None. replace, as applicable, in accordance with a inspection would take about 2 work Applicability method approved by the Manager, Seattle hours per airplane, at an average labor Aircraft Certification Office (ACO), FAA; or (c) This AD applies to Model 747–100B in accordance with data meeting the type rate of $65 per work hour. Based on SUD, –300, –400, and –400D series airplanes; certification basis of the airplane approved these figures, the estimated cost of the certificated in any category; as listed in by a Boeing Company Designated proposed AD for U.S. operators is Boeing Special Attention Service Bulletin Engineering Representative (DER) who has $8,710, or $130 per airplane. 747–53–2483, Revision 1, dated August 28, been authorized by the Manager, Seattle 2003. ACO, to make such findings. For a repair or Regulatory Findings Unsafe Condition replacement method to be approved, as We have determined that this required by this paragraph, the approval (d) This AD was prompted by reports must specifically reference this AD. proposed AD would not have federalism indicating that severed tension ties were implications under Executive Order found at the fuselage frame joints at body Actions Accomplished Per Previous Issue of 13132. This proposed AD would not stations (BS) 1120 and 1140. We are issuing Service Bulletin have a substantial direct effect on the this AD to prevent fatigue cracking of the (i) Inspections and corrective actions States, on the relationship between the fuselage frame to tension tie joints, which accomplished before the effective date of this national Government and the States, or could result in severing of the tension ties AD in accordance with Boeing Special on the distribution of power and and consequent rapid decompression of the Attention Service Bulletin 747–53–2483, responsibilities among the various airplane fuselage. dated October 24, 2002, are considered acceptable for compliance with the levels of government. Compliance corresponding actions specified in this AD. For the reasons discussed above, I (e) You are responsible for having the certify that the proposed regulation: actions required by this AD performed within No Reporting Requirements 1. Is not a ‘‘significant regulatory the compliance times specified, unless the (j) Although the Accomplishment action’’ under Executive Order 12866; actions have already been done. Instructions of Boeing Special Attention

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63109

Service Bulletin 747–53–2483, Revision 1, proposing to amend 14 Code of Federal (obr), Fifth Coast Guard District, Federal dated August 28, 2003; describe procedures Regulations (14 CFR) part 73 (part 73) to Building, 4th Floor, 431 Crawford for submitting certain information to the revise J–133 between the Sitka, AK, Street, Portsmouth, Virginia 23704– manufacturer, this AD does not require that NDB, and the Hinchinbrook, AK, NDB 5004, or they may be hand delivered to action. (67 FR 67800). The Hinchinbrook NDB the same address between 8 a.m. and 4 Alternative Methods of Compliance will be decommissioned and replaced p.m., Monday through Friday, except (AMOCs) with the Orca Bay NDB. The Federal holidays. The Commander (obr), (k)(1) The Manager, Seattle ACO, has the replacement of the Hinchinbrook NDB Fifth Coast Guard District maintains the authority to approve AMOCs for this AD, if and the revision of several airways in public docket for this rulemaking. requested in accordance with the procedures Alaska will be reflected in a subsequent Comments and material received from found in 14 CFR 39.19. NPRM. the public, as well as documents (2) An AMOC that provides an acceptable indicated in this preamble as being level of safety may be used for any repair List of Subjects in 14 CFR part 71 required by this AD, if it is approved by a available in the docket, will become part Airspace, Incorporation by reference, of this docket and will be available for Boeing Company Designated Engineering Navigation (air). Representative who has been authorized by inspection or copying at the above the Manager, Seattle ACO, to make those The Withdrawal address. findings. For a repair method to be approved, FOR FURTHER INFORMATION CONTACT: the approval must specifically refer to this In consideration of the foregoing, the AD. NPRM for FAA Docket No. FAA–2002– Waverly W. Gregory, Jr., Bridge 13247 and Airspace Docket No. 02– Administrator, Fifth Coast Guard Issued in Renton, Washington, on October AAL–5, as published in the Federal District, at (757) 398–6222. 21, 2004. Register on November 7, 2002 (67 FR SUPPLEMENTARY INFORMATION: Kalene C. Yanamura, 67800), is hereby withdrawn. Acting Manager, Transport Airplane Request for Comments Directorate, Aircraft Certification Service. Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– We encourage you to participate in [FR Doc. 04–24220 Filed 10–28–04; 8:45 am] 1963 Comp., p. 389. this rulemaking by submitting BILLING CODE 4910–13–P Issued in Washington, DC, on October 21, comments and related material. If you 2004. do so, please include your name and address, identify the docket number for DEPARTMENT OF TRANSPORTATION Reginald C. Matthews, Manager, Airspace and Rules. this rulemaking CGD05–04–169, indicate the specific section of this Federal Aviation Administration [FR Doc. 04–24145 Filed 10–28–04; 8:45 am] document to which each comment BILLING CODE 4910–13–P 14 CFR Part 71 applies, and give the reason for each comment. Please submit all comments [Docket No. FAA–2002–13247; Airspace and related material in an unbound DEPARTMENT OF HOMELAND Docket No. 02–AAL–5] format, no larger than 81⁄2 by 11 inches, SECURITY RIN 2120–AA66 suitable for copying. If you would like Coast Guard confirmation to know if they were Proposed Modification and Revocation received, please enclose a stamped, self- of Federal Airways; AK 33 CFR Part 117 addressed postcard or envelope. We will consider all comments and material AGENCY: Federal Aviation [CGD05–04–169] received during the comment period. Administration (FAA), DOT. RIN 1625–AA09 We may change this proposed rule in ACTION: Notice of proposed rulemaking view of those comments. (NPRM); withdrawal. Drawbridge Operation Regulations: Public Meeting New Jersey Intracoastal Waterway, SUMMARY: This action withdraws the Point Pleasant Canal, NJ We do not now plan to hold a public notice of proposed rulemaking (NPRM) meeting. But you may submit a request published in the Federal Register on AGENCY: Coast Guard, DHS. for a meeting by writing to the November 7, 2002. In that action, the ACTION: Notice of proposed rulemaking. Commander, Fifth Coast Guard District FAA proposed to modify one jet route at the address under ADDRESSES SUMMARY: The Coast Guard proposes to (J–133); and revoke one jet route 711 (J– explaining why one would be 711) in Alaska. The FAA has decided to change the regulations that govern the operation of the Route 13/Lovelandtown beneficial. If we determine that one withdraw the proposed rule since the would aid this rulemaking, we will hold Hinchinbrook Nondirectional Radio Bridge across Point Pleasant Canal, at New Jersey Intracoastal Waterway one at a time at a place announced by Beacon (NDB) is being decommissioned. a later notice in the Federal Register. The replacement of the Hinchinbrook (NJICW) mile 3.9, in Point Pleasant, NJ. NDB and the revision of several airways The bridge will be closed to navigation Background and Purpose in Alaska will be reflected in a beginning 8 a.m. on January 3, 2005, The New Jersey Department of subsequent NPRM. through 5 p.m. on March 31, 2005. This Transportation (NJDOT) owns and FOR FURTHER INFORMATION CONTACT: Ken closure is necessary to facilitate operates the vertical-lift span of the McElroy, Office of System Operations extensive mechanical rehabilitation and Route 13/Lovelandtown Bridge across and Safety, Federal Aviation to maintain the bridge’s operational Point Pleasant Canal, in Point Pleasant, Administration, 800 Independence integrity. New Jersey. The bridge has a vertical Avenue, SW., Washington, DC 20591; DATES: Comments and related material clearance in the closed and full open telephone: (202) 267–8783. must reach the Coast Guard on or before position of 30 feet and 65 feet, at mean SUPPLEMENTARY INFORMATION: On December 28, 2004. high water, respectively. The current November 7, 2002, an NPRM was ADDRESSES: You may mail comments regulations are outlined under the published in the Federal Register and related material to Commander general regulations at 33 CFR 117.5,

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63110 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

which require the bridge to open on of Management and Budget has not a significant economic impact on it, signal. reviewed it under that Order. It is not please submit a comment (see Carr & Duff, Inc., (the contractor), on ‘‘significant’’ under the regulatory ADDRESSES) explaining why you think it behalf of NJDOT, has requested a change policies and procedures of the qualifies and how and to what degree to the existing regulations for the Route Department of Homeland Security. this rule would economically affect it. 13/Lovelandtown Bridge to facilitate We expect the economic impact of necessary repairs. The repairs consist of this proposed rule to be so minimal that Assistance for Small Entities the reinstallation of the motor, brakes a full Regulatory Evaluation under the Under section 213(a) of the Small and new electrical gear and control regulatory policies and procedures of Business Regulatory Enforcement systems of the bridge. To facilitate the DHS is unnecessary. Fairness Act of 1996 (Public Law 104– repairs, the vertical-lift span of the We reached this conclusion based on 121), we want to assist small entities in drawbridge will be locked in the closed- the fact that the proposed changes have understanding this proposed rule so that to-navigation position from 8 a.m. on only a minimal impact on maritime they can better evaluate its effects on January 3, 2005, through 5 p.m. on traffic transiting the bridge. Vessel them and participate in the rulemaking March 31, 2005. operators with mast height lower than process. If the rule would affect your The Coast Guard reviewed the bridge 30 feet still can transit thorough the small business, organization, or logs. The logs revealed for the months drawbridge across Point Pleasant Canal governmental jurisdiction and you have of January, February and March 2004, during the rehabilitation. For vessels questions concerning its provisions or the bridge opened for vessels 5, 2, and with mast height greater than 30 feet options for compliance, please contact 9 times, respectively. Vessel operators requiring an opening of draw span Waverly W. Gregory, Jr., Bridge with mast height lower than 30 feet still during the proposed closure period, the Administrator, Fifth Coast Guard can transit thorough the drawbridge contractor will provide a bridge opening District, (757) 398–6222. across Point Pleasant Canal during the between the hours of 9 a.m. and 2 p.m. rehabilitation. With 24 hours advance Monday through Friday if requested 24 Collection of Information notice, the contractor will provide a hours in advance. Also, the Atlantic This proposed rule would call for no bridge opening between the hours of 9 Ocean is an alternate route for vessels new collection of information under the a.m. and 2 p.m. Monday through Friday with a mast height greater than 30 feet. Paperwork Reduction Act of 1995 (44 for vessels with mast height greater than Small Entities U.S.C. 3501–3520.). 30 feet requiring an opening of draw span during the proposed closure Under the Regulatory Flexibility Act Federalism period. Calling the Bridge Operations (5 U.S.C. 601–612), we have considered A rule has implications for federalism Office at (732) 528–9494 or the whether this proposed rule would have under Executive Order 13132, contractor at (215) 416–1235 will a significant economic impact on a Federalism, if it has a substantial direct provide for advance opening requests. substantial number of small entities. effect on State or local governments and Also, the Atlantic Ocean is an alternate The term ‘‘small entities’’ comprises would either preempt State law or route for vessels with a mast height small businesses, not-for-profit impose a substantial direct cost of greater than 30 feet. Therefore, vessels organizations that are independently compliance on them. We have analyzed should not be negatively impacted by owned and operated and are not this proposed rule under that Order and this proposal. dominant in their fields, and have determined that it does not have governmental jurisdictions with implications for federalism. Discussion of Proposed Rule populations of less than 50,000. The Coast Guard proposes to amend The Coast Guard certifies under 5 Unfunded Mandates Reform Act the regulations governing the Route 13/ U.S.C. 605(b) that this proposed rule The Unfunded Mandates Reform Act Lovelandtown Bridge across Point would not have a significant economic of 1995 (2 U.S.C. 1531–1538) requires Pleasant Canal, ICW mile 3.9, which impact on a substantial number of small Federal agencies to assess the effects of currently opens on signal. The Coast entities. their discretionary regulatory actions. In Guard proposes to temporarily amend This proposed rule would not have a particular, the Act addresses actions 33 CFR 117.733 by adding a new significant economic impact on a that may result in the expenditure by a paragraph (c) which would contain the substantial number of small entities State, local, or tribal government, in the operating schedule for the Route 13/ because vessels with mast height greater aggregate, or by the private sector of Lovelandtown Bridge across Point than 30 feet requiring an opening of $100,000,000 or more in any one year. Pleasant Canal, ICW mile 3.9, in Point draw span during the proposed closure Though this proposed rule would not Pleasant. This proposed rule would period, the contractor will provide a result in such an expenditure, we do allow the bridge to remain closed to bridge opening between the hours of 9 discuss the effects of this rule elsewhere navigation from 8 a.m. on January 5, a.m. and 2 p.m. Monday through Friday in this preamble. 2005, to 5 p.m. on March 31, 2005, and if requested with 24 hours in advance. the advance notice condition for This should not prove to be problematic Taking of Private Property opening the bridge. Upon completion of to commercial operations because they This proposed rule would not affect a the repairs, the bridge would return to normally schedule the movement of taking of private property or otherwise the current operating schedule. their equipment well in advance. Vessel have taking implications under operators with mast height lower than Executive Order 12630, Governmental Regulatory Evaluation 30 feet still can transit thorough the Actions and Interference with This proposed rule is not a drawbridge. Also, the Atlantic Ocean is Constitutionally Protected Property ‘‘significant regulatory action’’ under an alternate route for vessels with a Rights. section 3(f) of Executive Order 12866, mast height greater than 30 feet. Regulatory Planning and Review, and If you think that your business, Civil Justice Reform does not require an assessment of organization, or governmental This proposed rule meets applicable potential costs and benefits under jurisdiction qualifies as a small entity standards in sections 3(a) and 3(b)(2) of section 6(a)(3) of that Order. The Office and that this proposed rule would have Executive Order 12988, Civil Justice

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63111

Reform, to minimize litigation, not consider the use of voluntary ENVIRONMENTAL PROTECTION eliminate ambiguity, and reduce consensus standards. AGENCY burden. Environment 40 CFR Part 50 Protection of Children We have analyzed this proposed rule [FRL–7831–3] We have analyzed this proposed rule under Commandant Instruction under Executive Order 13045, M16475.1D, which guides the Coast Air Quality Criteria for Particulate Protection of Children from Guard in complying with the National Matter Environmental Health Risks and Safety Environmental Policy Act of 1969 Risks. This rule is not an economically AGENCY: Environmental Protection (NEPA)(42 U.S.C. 4321–4370f), and significant rule and would not create an Agency. environmental risk to health or risk to have concluded that there are no factors ACTION: Notice of Availability of Final security that might disproportionately in this case that would limit the use of Document. affect children. a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this SUMMARY: This notice announces the Indian Tribal Governments rule is categorically excluded, under availability of a final document, Air figure 2–1, paragraph (32)(e) of the Quality Criteria for Particulate Matter This proposed rule does not have (EPA/600/P–99/002aF, EPA/600/P–99/ tribal implications under Executive Instruction, from further environmental documentation. 002bF) that was prepared by the U.S. Order 13175, Consultation and Environmental Protection Agency’s Coordination with Indian Tribal List of Subjects in 33 CFR Part 117 (EPA) National Center for Governments, because it would not have Environmental Assessment (NCEA) of a substantial direct effect on one or Bridges. the Office of Research and Development more Indian tribes, on the relationship (ORD). between the Federal Government and Regulations DATES: This document will be available Indian tribes, or on the distribution of For the reasons discussed in the power and responsibilities between the the week of October 25, 2004. preamble, the Coast Guard proposes to Federal Government and Indian tribes. ADDRESSES: The document will be made temporarily amend 33 CFR part 117 as available electronically through the Energy Effects follows: NCEA Web site (http://www.epa.gov/ We have analyzed this proposed rule ncea/publications). A limited number of PART 117—DRAWBRIDGE paper or CD–ROM copies will be under Executive Order 13211, Actions OPERATION REGULATIONS Concerning Regulations That available from the EPA’s National Significantly Affect Energy Supply, Service Center for Environmental 1. The authority citation for part 117 Publications (NSCEP), P.O. Box 42419, Distribution, or Use. We have continues to read as follows: determined that it is not a ‘‘significant Cincinnati, OH 45242; telephone: 1 energy action’’ under that order because Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); (800) 490–9198 or (513) 489–8190; it is not a ‘‘significant regulatory action’’ Department of Homeland Security Delegation facsimile: (513) 489–8695. Please under Executive Order 12866 and is not No. 0170.1; section 117.255 also issued under provide your name, your mailing likely to have a significant adverse effect the authority of P.L. 102–587, 106 Stat. 5039. address, the title and the EPA number of the requested publication. on the supply, distribution, or use of 2. From 8 a.m. on January 3, 2005, energy. The Administrator of the Office FOR FURTHER INFORMATION CONTACT: For through 5 p.m. on March 31, 2005, add of Information and Regulatory Affairs questions on availability of the a new temporary paragraph (l) to has not designated it as a significant document, contact Diane Ray, NCEA, energy action. Therefore, it does not § 117.733 to read as follows: telephone: (919) 541–3789, fax: (919) require a Statement of Energy Effects § 117.733 New Jersey Intracoastal 541–1818, or email [email protected]. under Executive Order 13211. Waterway. For technical information, contact Robert Elias, Ph.D., NCEA, fax: (919) Technical Standards * * * * * 541–1818 or email: The National Technology Transfer (l) The draw of the Route 13/ [email protected]. and Advancement Act (NTTAA) (15 Lovelandtown Bridge across Point SUPPLEMENTARY INFORMATION: Section U.S.C. 272 note) directs agencies to use Pleasant Canal, at mile 3.9, at Point 108 (a) of the Clean Air Act directs the voluntary consensus standards in their Pleasant, need not be opened for the Administrator to identify certain regulatory activities unless the agency passage of vessels from 8 a.m. on pollutants which ‘‘may reasonably be provides Congress, through the Office of January 3, 2005, through 5 p.m. on anticipated to endanger public health Management and Budget, with an March 31, 2005. However, between 9 and welfare’’ and to issue air quality explanation of why using these a.m. to 2 p.m. Monday to Friday, the criteria for them. These air quality standards would be inconsistent with draw shall open on signal if at least 24 criteria are to ‘‘accurately reflect the applicable law or otherwise impractical. hours advance notice is given by calling latest scientific knowledge useful in Voluntary consensus standards are (732) 528–9494 or (215) 416–1235. indicating the kind and extent of all technical standards (e.g., specifications Dated: October 19, 2004. identifiable effects on public health or of materials, performance, design, or welfare which may be expected from the operation; test methods; sampling Sally Brice-O’Hara, presence of [a] pollutant in the ambient procedures; and related management Rear Admiral, U. S. Coast Guard, air. * * *’’ EPA is then to establish systems practices) that are developed or Commander, Fifth Coast Guard District. National Ambient Air Quality Standards adopted by voluntary consensus [FR Doc. 04–24255 Filed 10–28–04; 8:45 am] (NAAQS) for each pollutant for which standards bodies. BILLING CODE 4910–15–P EPA has issued criteria. Section 109 (d) This proposed rule does not use of the Act requires ‘‘thorough’’ periodic technical standards. Therefore, we did review and, if appropriate, revision of

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63112 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

existing air quality criteria to reflect the must be accommodated in future ENVIRONMENTAL PROTECTION latest scientific data on all identifiable transportation conformity AGENCY effects on public health and welfare of determinations. This action is necessary the pollutant. EPA is also to revise the in order for the Federal Aviation 40 CFR Part 52 NAAQS, if appropriate, based on the Administration (FAA) to address [R05–OAR–2004–IN–0002; FRL–7826–7] revised criteria. requirements under the general Particulate matter (PM) is one of six conformity regulations. Approval and Promulgation of ‘‘criteria’’ pollutants for which EPA has Implementation Plans; Indiana established air quality criteria and DATES: Written comments should be NAAQS. EPA initially announced received on or before November 29, AGENCY: Environmental Protection details of its plans for the review of the 2004. Agency (EPA). criteria and NAAQS for PM in an ADDRESSES: Comments may be mailed to ACTION: Proposed rule. October 23, 1997 Federal Register Mr. Thomas Diggs, Chief, Air Planning SUMMARY: The EPA is proposing to notice (62 FR 55201). As part of its Section (6PD–L), Environmental approve Indiana’s February 10, 2004, current review cycle of the PM criteria Protection Agency, 1445 Ross Avenue, and April 12, 2004, submittal of a and NAAQS, EPA has revised the Suite 1200, Dallas, Texas, 75202–2733. revision to its existing emission existing Criteria Document for PM. The Comments may also be submitted reporting rule to be consistent with the revised Criteria Document will be electronically or through hand delivery/ emission statement program publicly available on or about October courier by following the detailed requirements for stationary sources in 29, 2004, as described above. instructions in the ADDRESSES section of the Clean Air Act (CAA). On April 12, Dated: October 25, 2004. the direct final rule located in the rules 2004, Indiana submitted its final rule as George Alapas, section of this Federal Register. published in the Indiana Register. Director, National Center for Environmental FOR FURTHER INFORMATION CONTACT: Indiana held a public hearing on the Assessment. Peggy Wade, Air Planning Section submittal on December 3, 2003. EPA is [FR Doc. 04–24232 Filed 10–28–04; 8:45 am] (6PD–L), Environmental Protection approving the revision to the emission BILLING CODE 6560–50–P Agency, Region 6, 1445 Ross Avenue, reporting rule to satisfy the emission Suite 700, Dallas, Texas 75202–2733, statement program requirements in the ENVIRONMENTAL PROTECTION telephone (214) 665–7247; fax number CAA. AGENCY 214–665–7263; e-mail address In the final rules section of this [email protected]. Federal Register, EPA is approving the 40 CFR Part 52 SIP revision as a direct final rule SUPPLEMENTARY INFORMATION: In the without prior proposal, because EPA [R06–OAR–2004–TX–0002; FRL–7830–9] final rules section of this Federal views this as a noncontroversial Register, EPA is approving the State’s revision and anticipate no adverse Approval and Promulgation of Air SIP submittal as a direct final rule Quality Implementation Plans; Texas; comments. A detailed rationale for the without prior proposal because the approval is set forth in the direct final Memorandum of Agreement Between Agency views this as a noncontroversial Texas Commission on Environmental rule. If no adverse comments are submittal and anticipates no adverse received in response to this proposed Quality and the North Central Texas comments. A detailed rationale for the Council of Governments Providing rule, no further activity is contemplated approval is set forth in the direct final in relation to this proposed rule. If EPA Emissions Offsets to Dallas Fort Worth rule. If no adverse comments are International Airport receives adverse comments, the direct received in response to this action rule, final rule will be withdrawn and all AGENCY: Environmental Protection no further activity is contemplated. If public comments received will be Agency (EPA). EPA receives adverse comments, the addressed in a subsequent final rule ACTION: Proposed rule. direct final rule will be withdrawn and based on this proposed rule. EPA will all public comments received will be not institute a second comment period SUMMARY: EPA is proposing to approve addressed in a subsequent final rule on this action. Any parties interested in a State Implementation Plan (SIP) based on this proposed rule. EPA will commenting on this action should do so revision submitted by the Texas not institute a second comment period. at this time. Commission on Environmental Quality Any parties interested in commenting DATES: (TCEQ) on February 23, 2004. This on this action should do so at this time. Written comments must be revision concerns the Dallas/Fort Worth Please note that if EPA receives adverse received on or before November 29, ozone nonattainment area. Specifically, comment on an amendment, paragraph, 2004. EPA is proposing to approve the or section of this rule and if that ADDRESSES: Submit comments, incorporation of a Memorandum of provision may be severed from the identified by Regional Material in Agreement (MOA) between the TCEQ remainder of the rule, EPA may adopt EDocket ID No. R05–OAR–2004–IN– and the North Central Texas Council of as final those provisions of the rule that 0002 by one of the following methods: Governments (NCTCOG) into the SIP. are not the subject of an adverse Federal eRulemaking Portal: http:// This MOA commits the NCTCOG to comment. www.regulations.gov. Follow the on-line provide the Dallas-Fort Worth For additional information, see the instructions for submitting comments. International Airport with emissions direct final rule which is located in the Agency Web site: http:// offsets in the amount of 0.18 tons per rules section of this Federal Register. docket.epa.gov/rmepub/index.jsp day (tpd) of nitrogen oxides (NOX) and material in Edocket (RME), EPA’s 0.04 tpd of volatile organic compounds Dated: October 19, 2004. electronic public docket and connect (VOCs) in 2007 and to adjust the Richard E. Greene, system, is EPA’s preferred method for modeled 2015 on-road emission Regional Administrator, Region 6. receiving comments. Once in the estimates to reflect an increase of 1.17 [FR Doc. 04–24128 Filed 10–28–04; 8:45 am] system, select ‘‘quick search’’ then key tpd of NOX and 0.26 tpd of VOCs, which BILLING CODE 6560–50–P in the appropriate RME Docket

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63113

identification number. Follow the on- index at http://www.epa.gov/edocket. or organize comments by referencing a line instructions for submitting Although listed in the index, some Code of Federal Regulations (CFR) part comments. E-mail: [email protected]. information is not publicly available, or section number. Fax: (312) 886–5824. i.e., Confidential Business Information 3. Explain why you agree or disagree; Mail: You may send written (CBI) or other information whose suggest alternatives and substitute comments to: J. Elmer Bortzer, Chief, disclosure is restricted by statute. language for your requested changes. Air Programs Branch, (AR–18J), Publicly available docket materials are 4. Describe any assumptions and Environmental Protection Agency, 77 available either electronically in RME or provide any technical information and/ West Jackson Boulevard, Chicago, in hard copy at Environmental or data that you used. Illinois 60604. Protection Agency, Region 5, Air and e. If you estimate potential costs or Hand delivery: Deliver your Radiation Division, 77 West Jackson burdens, explain how you arrived at comments to: J. Elmer Bortzer, Chief, Boulevard, Chicago, Illinois 60604. (We your estimate in sufficient detail to Air Programs Branch (AR–18J), U.S. recommend that you telephone Charles allow for it to be reproduced. Environmental Protection Agency, Hatten, Environmental Engineer, at f. Provide specific examples to Region 5, 77 West Jackson Boulevard, (312) 886–6031 before visiting the illustrate your concerns, and suggest 18th floor, Chicago, Illinois 60604. Such Region 5 office.) This Facility is open alternatives. deliveries are only accepted during the from 8:30 a.m. to 4:30 p.m., Monday g. Explain your views as clearly as Regional Office’s normal hours of through Friday, excluding legal possible, avoiding the use of profanity operation. The Regional Office’s official holidays. or personal threats. hours of business are Monday through h. Make sure to submit your FOR FURTHER INFORMATION CONTACT: Friday, 8:30 a.m. to 4:30 p.m. excluding comments by the comment period Charles Hatten, Environmental Federal holidays. deadline identified. Engineer, Criteria Pollutant Section, Air Instructions: Direct your comments to II. Additional Information Regional Material in EDocket ID No. Programs Branch (AR–18J), EPA Region R05–OAR–2004–IN–0002. EPA’s policy 5, 77 West Jackson Boulevard, Chicago, For additional information, see the is that all comments received will be Illinois 60604, (312) 886–6031. Direct Final Rule which is located in the included in the public docket without [email protected] Rules section of this Federal Register. change, including any personal SUPPLEMENTARY INFORMATION: Copies of the request and the EPA’s analysis are available electronically at information provided, unless the I. General Information comment includes information claimed EDOCKET or in hard copy at the above to be Confidential Business Information A. Does This Action Apply to Me? address. (Please telephone Charles (CBI) or other information whose This rulemaking is intended to ensure Hatten at (312) 886–6031 before visiting disclosure is restricted by statute. Do that rule 326 IAC 2–6, emission the Region 5 Office.) not submit information that you reporting, satisfies the Federal Dated: September 24, 2004. consider to be CBI or otherwise requirements of section 182(a)(3)(B) for Norman Niedergang, protected through Regional Material in an emission statement program in Acting Regional Administrator, Region 5. Edocket, regulations.gov, or e-mail. The Indiana. [FR Doc. 04–24239 Filed 10–28–04; 8:45 am] EPA RME Web site and the federal regulations.gov Web site are B. What Should I Consider as I Prepare BILLING CODE 6560–50–P ‘‘anonymous access’’ systems, which My Comments for EPA? means EPA will not know your identity 1. Submitting CBI. Do not submit this ENVIRONMENTAL PROTECTION or contact information unless you information to EPA through EDOCKET, AGENCY provide it in the body of your comment. regulations.gov or e-mail. Clearly mark If you send an e-mail comment directly the part or all of the information that 40 CFR Part 62 to EPA without going through RME or you claim to be CBI. For CBI regulations.gov, your e-mail address information in a disk or CD–ROM that [R03–OAR–2004–VA–0002b; FRL–7831–6] will be automatically captured and you mail to EPA, mark the outside of the Approval and Promulgation of State included as part of the comment that is disk or CD–ROM as CBI and then Air Quality Plans for Designated placed in the public docket and made identify electronically within the disk or available on the Internet. If you submit Facilities and Pollutants, CD–ROM the specific information that Commonwealth of Virginia; Control of an electronic comment, EPA is claimed as CBI. In addition to one recommends that you include your Municipal Waste Combustor complete version of the comment that Emissions from Large Existing name and other contact information in includes information claimed as CBI, a the body of your comment and with any Municipal Solid Waste Combustor copy of the comment that does not Units disk or CD–ROM you submit. If EPA contain the information claimed as CBI cannot read your comment due to must be submitted for inclusion in the AGENCY: Environmental Protection technical difficulties and cannot contact public docket. Information so marked Agency (EPA). you for clarification, EPA may not be will not be disclosed except in ACTION: Proposed rule. able to consider your comment. accordance with procedures set forth in Electronic files should avoid the use of 40 CFR part 2. SUMMARY: EPA proposes to approve the special characters, any form of 2. Tips for Preparing Your Comments. Commonwealth of Virginia Department encryption, and be free of any defects or When submitting comments, remember of Environmental Quality (DEQ) large viruses. For additional instructions on to: municipal waste combustor plan (the submitting comments, go to Section I of 1. Identify the rulemaking by docket plan) for implementing emission the SUPPLEMENTARY INFORMATION section number and other identifying guideline (EG) requirements of this document. information (subject heading, Federal promulgated under the Clean Air Act Docket: All documents in the Register date and page number). (the Act). In the Final Rules section of electronic docket are listed in the 2. Follow directions—The agency may this Federal Register, EPA is approving Regional Material in Edocket (RME) ask you to respond to specific questions the plan, under the provisions of

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63114 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

sections 111 and 129 of the Act, as a system, which means EPA will not DEPARTMENT OF COMMERCE direct final rule without prior proposal know your identity or contact because the Agency views this as a information unless you provide it in the National Oceanic and Atmospheric noncontroversial submittal and body of your comment. If you send an Administration anticipates no adverse comments. A e-mail comment directly to EPA without detailed rationale for the approval is set going through RME or regulations.gov, 50 CFR Part 216 forth in the direct final rule. If no your e-mail address will be [Docket No. 011011247-4249-02; I.D. adverse comments are received in automatically captured and included as 082701E] response to this action, no further part of the comment that is placed in the RIN 0648-AP62 activity is contemplated. If EPA receives public docket and made available on the adverse comments, the direct final rule Internet. If you submit an electronic Taking and Importing Marine will be withdrawn and all public comment, EPA recommends that you Mammals; Taking Marine Mammals comments received will be addressed in include your name and other contact Incidental to Rocket Launches From a subsequent final rule based on this information in the body of your Kodiak Island, AK proposed rule. EPA will not institute a comment and with any disk or CD–ROM second comment period. Any parties AGENCY: National Marine Fisheries interested in commenting on this action you submit. If EPA cannot read your Service (NMFS), National Oceanic and should do so at this time. comment due to technical difficulties Atmospheric Administration (NOAA), and cannot contact you for clarification, DATES: Comments must be received in Commerce. EPA may not be able to consider your writing by November 29, 2004. ACTION: Proposed rule; request for comment. Electronic files should avoid ADDRESSES: Submit your comments, comments. the use of special characters, any form identified by Regional Material in of encryption, and be free of any defects SUMMARY: EDocket (RME) ID Number R03–OAR– NMFS has received a request or viruses. 2004–VA–0002 by one of the following from the Alaska Aerospace methods: Docket: All documents in the Development Corporation (AADC) for A. Federal eRulemaking Portal: electronic docket are listed in the RME Authorization to take by harassment http://www.regulations.gov. Follow the index at http://www.docket.epa.gov/ small numbers of pinnipeds incidental on-line instructions for submitting rmepub/. Although listed in the index, to rocket launches from the Kodiak comments. some information is not publicly Launch Complex (KLC) on Kodiak Island, AK. By this document, NMFS is B. Agency Web Site: http:// available, i.e., CBI or other information proposing regulations to govern that www.docket.epa.gov/rmepub/ RME, whose disclosure is restricted by statute. EPA’s electronic public docket and take. NMFS also makes a preliminary Certain other material, such as determination that the total taking will comment system, is EPA’s preferred copyrighted material, is not placed on method for receiving comments. Follow have a negligible impact on the affected the Internet and will be publicly species and stocks of marine mammals the on-line instructions for submitting available only in hard copy form. comments. and will not have an unmitigable Publicly available docket materials are adverse impact on the availability of the C. E-mail: http:// available either electronically in RME or [email protected]. species or stock(s) for subsistence uses. in hard copy during normal business D. Mail: R03–OAR–2004–VA–0002, In addition, NMFS proposes reporting hours at the Air Protection Division, Walter Wilkie, Chief, Air Quality and monitoring requirements, and Analysis, Mailcode 3AP22, U.S. U.S. Environmental Protection Agency, invites comment on the application and Environmental Protection Agency, Region III, 1650 Arch Street, proposed regulations. Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. DATES: Comments and information must Philadelphia, Pennsylvania 19103. Copies of the State submittal are be received no later than December 13, E. Hand Delivery: At the previously- available at the Virginia Department of 2004. listed EPA Region III address. Such Environmental Quality, 629 East Main ADDRESSES: You may submit comments deliveries are only accepted during the Street, Richmond, Virginia 23219. on the application and proposed rule, Docket’s normal hours of operation, and FOR FURTHER INFORMATION CONTACT: using the identifier 082701E, by any of special arrangements should be made the following methods: James B. Topsale, P.E., at (215) 814– • for deliveries of boxed information. 2190, or by e-mail at E-mail: [email protected]. You Instructions: Direct your comments to [email protected]. must include the identifier 082701E in RME ID No. R03–OAR–2004–VA–0002. the subject line of the message. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION: For Comments sent via e-mail, including all received will be included in the public further information, please see the attachments, must not exceed a docket without change, and may be information provided in the direct final 10-megabyte file size. • made available online at http:// action, with the same title, that is Federal eRulemaking Portal: http:// www.docket.epa.gov/rmepub/, located in the ‘‘Rules and Regulations’’ www.regulations.gov. Follow the including any personal information instructions for submitting comments. section of this Federal Register • provided, unless the comment includes publication. Hand-delivery or mailing of paper, information claimed to be Confidential disk, or CD-ROM comments: Stephen L. Business Information (CBI) or other Dated: September 27, 2004. Leathery, Chief, Permits, Conservation information whose disclosure is Thomas C. Voltaggio, and Education Division, Office of restricted by statute. Do not submit Acting Regional Administrator, Region III. Protected Resources, National Marine information that you consider to be CBI [FR Doc. 04–24241 Filed 10–28–04; 8:45 am] Fisheries Service, 1315 East-West or otherwise protected through RME, Highway, Silver Spring, MD BILLING CODE 6560–50–P regulations.gov or e-mail. The EPA RME 20910-3225. and the Federal regulations.gov Web To help us process and review your sites are an ‘‘anonymous access’’ comments more efficiently, please use

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63115

only one method. A copy of the Summary of Request energy, the sound exposure level (SEL), application containing a list of On July 26, 2001, NMFS received an a measure of the cumulative energy in references used in this document may a noise event, is described in terms of application from the AADC under 2 be obtained by writing to the address section 101(a)(5)(A) of the MMPA for dB re micro-Pa -second; and frequency, above or by telephoning the contacts authorization to take, by harassment, often referred to as pitch, is described in FOR FURTHER INFORMATION listed under Steller sea lions (Eumetopias jubatus) units of cycles per second or Hertz (Hz). CONTACT. incidental to rocket launches from KLC In other words, SEL is the squared Comments regarding the burden-hour on Kodiak Island, Alaska. NMFS instantaneous sound pressure over a estimate or any other aspect of the proposes this rule and regulations to specified time interval, where the sound collection of information requirement pressure is averaged over 5 percent to 95 govern these authorizations to be contained in this rule should be sent to percent of the duration of the sound. effective for a period of five years from NFMS via the means stated above, and For airborne noise measurements the to the Office of Information and December 1, 2004, through November convention is to use 20 micro-Pa as the Regulatory Affairs, Office of 30, 2009. These regulations, if reference pressure, which is 26 dB Management and Budget (OMB), implemented, would allow NMFS to above the underwater sound pressure Attention: NOAA Desk Officer, issue Letters Of Authorization to the reference of 1 micro-Pa and is the Washington, DC 20503. AADC. A full description of the approximate threshold of human operations is contained in the AADC FOR FURTHER INFORMATION CONTACT: hearing. However, the conversion from application (AADC, 2001) which is Sarah Hagedorn, (301) 713-2322 ext 117, air to water intensities is more involved available upon request (see ADDRESSES). or Brad Smith, (907) 271-3023. than this and is beyond the scope of this The KLC is a commercial rocket SUPPLEMENTARY INFORMATION: document. NMFS recommends launch complex owned and operated by interested readers review NOAA’s Background the State of Alaska through the AADC. tutorial on this issue: http:// Located wholly on state-owned lands, www.pmel.noaa.gov/vents/acoustics/ Section 101(a)(5)(A) of the Marine 2 KLC occupies 43 acres (0.174 km ) tutorial/tutorial.html. Mammal Protection Act (MMPA)(16 2 U.S.C. 1361 et seq.) directs the Secretary within a 3,100 acre (12.545 km ) parcel Airborne sounds are also often of Commerce (Secretary) to allow, upon on the eastern side of Kodiak Island on expressed as broadband A-weighted request, the incidental, but not the Narrow Cape peninsula. The KLC (dBA) or C-weighted (dBC) sound levels. intentional taking of marine mammals was designed to accommodate a variety When frequency levels are made to by U.S. citizens who engage in a of small, solid rockets including such correspond to human hearing, they are specified activity (other than vehicles as the Minuteman II, Taurus, referred to as being A-weighted or commercial fishing) within a specified Conestoga, and Athena (Lockheed A-filtered. With A-weighting, sound geographical region if certain findings Martin Launch Vehicle). The largest energy at frequencies below 1 kHz and are made and regulations are issued. vehicle that can be launched from KLC above 6 kHz are de-emphasized and Permission may be granted for periods is the Athena-2 (Lockheed Martin approximates the human ear’s response of five years or less if the Secretary finds Vehicle-2). to sounds below 55 dB. C-weighting is that the total taking will have a Launch operations at the KLC are often used in the analysis of negligible impact on the species or authorized under license from the high-amplitude noises like explosions, stock(s), will not have an unmitigable Federal Aviation Administration (FAA), and corresponds to the relative response adverse impact on the availability of the Office of Associate Administrator for to the human ear to sound levels above species or stock(s) for subsistence uses, Commercial Space Transportation (AST) 85 dB. C-weighting de-emphasizes ear and regulations are prescribed setting in accordance with the facility’s frequency components of less than forth the permissible methods of taking, Environmental Assessment (EA) and about 50 Hz. C-weight scaling is also other means of affecting the least stipulations in the EA’s Finding of No useful for analyses of sounds having practicable adverse impact on the Significant Impact (FONSI) (see 61 FR predominantly low-frequency sounds, affected species or stocks and their 32884, June 25, 1996). These such as sonic booms. For continuous habitats, and the requirements stipulations included a requirement to noise like rocket launches, the pertaining to the monitoring and develop a Natural Resource important variables relevant to assessing reporting of such taking. Management Plan (NRMP) to address auditory impacts or behavioral NMFS has defined ‘‘negligible monitoring and mitigation activities for responses are intensity, frequency impact’’ in 50 CFR 216.103 as ‘‘an protected species in the area. This plan spectrum, and duration. In this impact resulting from the specified was developed in coordination with document, whenever possible sound activity that cannot be reasonably NMFS utilizing comparison of levels have been provided with expected to, and is not reasonably likely anticipated sound pressure levels from A-weighting. to, adversely affect the species or stock rocket motors to be launched from the Description of the Activity through effects on annual rates of KLC with documented marine mammal recruitment or survival.’’ Except for disturbance responses to such noise. To date there have been six rocket launches from the KLC; however, the categories of activities not pertinent Measurement of Airborne Sound Levels here, the MMPA defines ‘‘harassment’’ KLC facility is licensed to launch up to as: The following section is provided to nine rockets per year. The first two any act of pursuit, torment, or annoyance facilitate an understanding of airborne launches used composite vehicles built which (i) has the potential to injure a marine and impulsive noise characteristics. from several stages taken from a mammal or marine mammal stock in the wild Amplitude is a measure of the pressure decommissioned USAF Minuteman II [Level A harassment]; or (ii) has the potential of a sound wave that is usually launch vehicle, and were part of the to disturb a marine mammal or marine expressed on a logarithmic scale with U.S. Air Force (USAF) atmospheric mammal stock in the wild by causing disruption of behavioral patterns, including, units of sound level or intensity called interceptor technology (ait) program. but not limited to, migration, breathing, the decibel (dB). Sound pressure level The third and the sixth launches (March nursing, breeding, feeding, or sheltering (SPL) is described in units of dB re 2001 and April 2002) were part of the [Level B harassment]. micro-Pascal (micro-Pa, or µPa); for USAF Quick Reaction Launch Vehicle

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63116 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(QRLV) program, and comprised of vehicle flown. Variations in the KLC The bulk of the sound energy was at low single stage M-56 motors taken from a sound pressure record are likely due to frequencies and generally less than 2500 decommissioned USAF Minuteman II such variables as engine size, engine Hz. Most of the energy was from 25 to launch vehicle. The fourth launch bell shape, and local atmospheric 1000 Hz. (September 2001) was a commercial conditions. Summaries of the findings There were 15 noise events above 70 Lockheed/Martin Athena rocket, which for each of the rockets launched to date dB within the 19 hours of recording at is the largest vehicle to be launched are described below. Ugak Island, all of which can be from KLC, and it placed four satellites attributed to helicopter, airplane, or ait-1 into polar orbit. The fifth launch rocket noise; none coincides with the (November 2001) was a Department of The first launch from KLC occurred in stampede of Steller sea lions off the Defense (DoD) Strategic Target System November 1998, and was the first of the Ugak Island haulout 3.5 hours previous (STARS) vehicle. USAF ait program. Sound to the rocket launch. Sounds at the Ugak Launches from the KLC are expected measurements from the ait-1 launch Island site were above 70 dB for a total to be high inclination with launch were collected using two sound level of 30 seconds at the time the rocket azimuths ranging from 125 to 225 monitors (SLMs) that were deployed 26 motor was firing. Natural background degrees in direction (AADC and AST, hours before launch on Ugak Island at noise levels above 70 dB were almost 1996). At the easternmost azimuth the base of the spit used as a haulout by nonexistent during this launch. launch vehicle paths would pass over Steller sea lions. The SLMs were set to QRLV-1 the eastern edge of Ugak Island; at the highlight sounds exceeding 65 dB, westernmost azimuth the vehicle would which was done after checking real-time On March 22, 2001, the USAF pass along the southeastern edge of the sound levels in the field at each site conducted the third launch from KLC. Kodiak Archipelago. Approximately 70 prior to setting them to record data. If SLMs set to highlight sounds exceeding seconds after launch, a typical launch the exceedance levels were set too low, 70 dB at the base of the Ugak Island sea vehicle would be more than 8 miles the SLMs would be deluged with data, lion haulout were again used by ENRI high. Spent first-stage rocket motors and and if they were set too high the SLMs to record sound frequency and intensity, fuel casings would impact the ocean’s would miss the event of interest. A and were deployed 22 hours before the surface from 11 to 314 nautical miles digital audio tape (DAT) recorder was launch. The recorded sound levels at downrange, depending on the launch used to provide redundancy in Ugak Island were significantly lower for vehicle (AADC and AST 1996). Rocket recording noise frequencies and was the QRLV-1 launch than for either of the motor sonic booms are predicted to placed about 0.75 mi (1.2 km) from the ait launches. This is likely due to the reach the ocean surface over 20 miles KLC launch pad. vehicle being smaller, and possibly to a downrange beyond the outer continental Recorded maximum SPLs of rocket different trajectory and local shelf over deep ocean. motor noise for the ait-1 at the Ugak atmospheric condition. Recorded Launch operations are a major source Island haulout site were 78.2 dB re 20 maximum SPLs resulting from QRLV of noise on Kodiak Island, as the µPa with a peak level of 97 dB. The SEL rocket motor noise at the Ugak Island operation of launch vehicle engines at the Ugak Island haulout site was 88.4 haulout site were 73.3 dB, with a peak produces significant sound levels. dB. In addition, the SEL at the nearest level of 87.2 dB, and a corresponding Generally, four types of noise occur location measured by the DAT recorder SEL of 80.3 dB. The bulk of the sound during a launch. They are: (1) was 110 dB for a duration of 59 seconds. energy was at low frequencies and combustion noise from launch vehicle The bulk of the sound energy was at low generally less than 2500 Hz. Most of the chambers; (2) jet noise generated by the frequencies and generally less than 4000 energy was from 16 to 2000 Hz. interaction of the exhaust jet and the Hz. Most of the energy was from 100 to There were 17 noise events above 70 atmosphere; (3) combustion noise from 500 Hz. dB at Ugak Island. With the exception the post-burning of combustion Of the eight noise events recorded of the rocket launch, all can be related products; and (4) sonic booms. The above 65 dB at Ugak Island, ENRI to helicopter noise. Sounds at the Ugak principal objective of the KLC rocket determined that two are attributable to Island site were above 70 dB for a total motor noise monitoring task within the helicopter noise and one to the firing of of 10.9 seconds at the time the rocket NRMP was to measure SPLs at the Ugak the ait-1 rocket motor. Sounds at the motor was firing. Natural background Island Steller sea lion haulout. A Ugak Island site were above 65 dB for noise levels above 70 dB were almost secondary objective was to monitor a total of 33 seconds at the time the nonexistent during this launch. Rocket sound levels on Narrow Cape close to rocket motor was firing. Due to the noise measurements for the QRLV-2 bald eagle and/or Steller’s eider nests isolation of this site, the remainder of rocket launch on April 24, 2002, the when present. SPLs were successfully the events are most likely attributable to sixth rocket launched from KLC, were recorded for the first four launches from surf or wind action. not recorded. KLC at the Ugak Island Steller sea lion haulout and on Narrow Cape by the ait-2 Athena University of Alaska Anchorage’s USAF launched a second rocket from The fourth launch from KLC occurred Environment and Natural Resources KLC on September 15, 1999. Based on on September 29, 2001, and involved a Institute (ENRI). The Ugak Island experience from the first launch, ENRI commercial Lockheed/Martin Athena, haulout is located approximately 2 set the SLMs to highlight sounds which is the largest vehicle to be miles (3.2 km) from Narrow Cape and exceeding 70 dB and deployed them launched from KLC. SLMs were again about 3.5 miles (5.6 km) from the KLC about 19 hours before the launch. Sound set to highlight sounds exceeding 70 dB launch pad on a narrow sand spit on the pressures at Ugak Island were slightly and were deployed by ENRI at the Ugak north side of the Island. The data higher for the second launch than for Island haulout four hours before the gathered were weighted toward lower the first launch. Recorded maximum launch. The recorded sound levels at frequencies and showed a wide SPLs of rocket motor noise for the ait-2 Ugak Island were significantly higher variation in sound pressures among at the Ugak Island haulout site were for the Athena launch than for previous rocket motors, with the highest levels 81.5 dB, with a peak level of 101.5 dB, launches, which is likely due to the size being associated with the largest launch and a corresponding SEL of 92.2 dB. of the vehicle. Recorded maximum SPLs

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63117

resulting from Athena rocket motor glacialis), and minke whales and associated with situations that the noise at the Ugak Island haulout site (Balaenoptera acutorostrata). Harbor pinniped perceives as a threat; were 90.8 dB, with a peak level of 115.9 seals and sea otters are common (5) Any anthropogenic noise that is dB, and a corresponding SEL of 101.4 year-round, as are killer whales strong enough to be heard has the dB. The bulk of the sound energy was (Orcinus orca), Dall’s porpoise potential to reduce (mask) the ability of at low frequencies and generally less (Phocoenoides dalli), and harbor pinnipeds to hear natural sounds at than 2000 Hz. porpoise (Phocoena phocoena). Other similar frequencies, including calls from There were three exceedance events species of cetaceans that may occur in conspecifics, and environmental sounds above 70 dB at Ugak Island and Narrow the area, such as Pacific white-sided such as surf noise; Cape within the four hours of recording, dolphins (Lagenorhynchus obliquidens), (6) If mammals remain in an area two of which can be attributed to Risso’s dolphins (Grampus griseus), because it is important for feeding, helicopter noise and the other to the northern right whale dolphins breeding or some other biologically rocket launch. Sounds at the Ugak (Lissodelphis borealis), pilot whales important purpose even though there is Island site were above 70 dB for 49.6 (Globicephala macrorhynchus), Cuvier’s chronic exposure to noise, it is possible seconds at the time the rocket motor beaked whales (Ziphius cavirostris), that there could be noise-induced was firing. Natural background noise Baird’s beaked whale (Berardius physiological stress; this might (in turn) levels above 70 dB were nonexistent bairdii), Stegneger’s beaked whale have negative effects on the well-being during this launch. (Mesoplodon stejnegeri), sperm whales or reproduction of the animals involved; and STARS (Physeter macrocephalus), fin whales (Balaenoptera physalus), sei whales (7) Very strong sounds have the On November 9, 2001, the Department (Balaenoptera borealis) and blue whales potential to cause temporary or of Defense launched a STARS vehicle (Balaenoptera musculus) are rare as permanent reduction in hearing from KLC; however, the rocket was they are primarily pelagic (ENRI, sensitivity. In terrestrial mammals, and deliberately destroyed over open ocean 1995-98). General information on harbor presumably marine mammals, received almost immediately because it lost sound levels must far exceed the seals and other marine mammal species communication with KLC. The STARS animal’s hearing threshold for there to can be found in Caretta et al. (2001, program provides ballistic missile be any temporary threshold shift (TTS). 2002), which are available at the targets to test various sensors and For transient sounds, the sound level following URL: http:// ground-based interceptors. STARS necessary to cause TTS is inversely www.nmfs.noaa.gov/protlres/PR2/ vehicles will include first- and related to the duration of the sound. StocklAssessmentlProgram/ second-stage Polaris A3 boosters and a Received sound levels must be even sars.html. Sea otters are managed by the third-stage Orbus-1 booster. The range higher for there to be risk of permanent U.S. Fish and Wildlife Service. of this system is 620 to 3,418 miles (998 hearing impairment. to 5500 km). SLMs were set to record Information on this species may be Solid rocket boosters from KLC noise events above 70 dB and were to found at www.fws.gov. Please refer to launches will fall into the ocean away be deployed four hours prior to launch, those documents and the application for from any known or potential haul-out but safety concerns associated with further information on these species. sites and do not pose any threat to Ugak inclement weather on the day of the Potential Effects of Rocket Launches on Island. Launch noise is expected to launch precluded the helicopter from Marine Mammals occur over the coastal habitats of being flown from the Kodiak airport to Narrow Cape and Ugak Island during the launch facility. Consequently, ENRI As outlined in several previous NMFS every launch, while sonic booms will was unable to set up the SLMs prior to documents, the effects of noise on occur approximately 40 nautical miles the rocket launch and no sound data marine mammals are highly variable, (74 km) downrange over open ocean, were collected for this launch. Sound and can be categorized as follows (based beyond the outer continental shelf and levels from this type of rocket motor on Richardson et al., 1995): are unlikely to affect marine mammals. would likely be similar to those (1) The noise may be too weak to be Airborne launch sounds will mostly recorded for the ait and ARLV missions heard at the location of the pinniped reflect or refract from the water surface given the size and thrust characteristics (i.e., lower than the prevailing ambient and, except for sounds within a of these vehicles. Accordingly, it is noise level, the hearing threshold of the diameter of approximately 30 degrees expected that sound exposure levels at animal at relevant frequencies, or both); directly below the launch vehicle, will Ugak Island would have likely ranged (2) The noise may be audible but not not penetrate into the water column. from 80 to 90 dB. Sound pressure levels strong enough to elicit any overt The sounds that do penetrate will not from future launch operations from KLC behavioral response; persist in the water for more than a few are expected to be in the range of those (3) The noise may elicit reactions of seconds. recorded during the first four launches. variable conspicuousness and variable The Ugak Island Steller sea lion relevance to the well being of the haulout is the only haul-out site within Description of Habitat and Marine pinniped; these can range from the Narrow Cape region that has the Mammals Affected by the Activity temporary alert responses to active potential to be impacted by the sights Narrow Cape, Ugak Island, and the avoidance reactions such as stampedes and sounds of rocket launches from adjacent waters within the primary KLC into the sea from terrestrial haulout KLC. Harbor seals haul out on the study area provide habitat for sea otters sites; southeast side of Ugak Island, but this (Enhydra lutris), harbor seals (Phoca (4) Upon repeated exposure, area is sheltered from direct sight of and vitulina), Steller sea lions (Eumetopias pinnipeds may exhibit diminishing sound from KLC by a 300 ft (91.44 m) jubatus, listed as endangered), gray responsiveness (habituation), or island cliff and because it receives whales (Eschrichtius robustus), disturbance effects may persist; the heavy surf, it already has high ambient humpback whales (Megaptera latter is most likely with sounds that are noise levels. Because background novaeangliae, listed as endangered), highly variable in characteristics, ambient noise often interferes with or northern fur seals (Callorhinus ursinus), infrequent and unpredictable in masks the ability of an animal to detect Northern Right whales (Eubalaena occurrence (as are vehicle launches), a sound even when that sound is above

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63118 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

its absolute hearing threshold responses to the recorded noise levels. However, other disturbance-related data (Richardson et al., 1995), it seems For all launches, however, launch collected during the ait-2 study (ENRI, unlikely that animals hauled out at this noises recorded at the haulout site were 2000) does not fit well with stimulus location would hear noise associated within the audible ranges of pinnipeds response data from other sources. Sea with rocket launches from KLC. In (Richardson et al., 1995) and Steller sea lions are widely thought to be intolerant contrast, the sea lion haulout on Ugak lions would have heard them had they of helicopter noise (Porter, 1997), yet Island is on a spit facing KLC and been present. Further, recorded sound the animals in question did not appear animals at this location would likely pressures were at, and sometimes above, to respond to multiple exposures of hear a rocket launch. Steller sea lions levels known to occasionally induce more intense helicopter noise at Ugak generally occupy this haulout from late startle responses in pinnipeds Island than that from the rocket (ENRI, summer to the early fall post-breeding (Richardson et al., 1995). Rocket 2000). They are also thought to be period (late June to early October) by up launches will present Steller sea lions intolerant of humans on foot, yet a video to several hundred sea lions. with novel visual and possibly tactile from the ait-2 study shows hauled-out ENRI was tasked under contract to the stimuli as well as unusually loud sea lions on Ugak Island undisturbed by AADC to conduct environmental sounds and bright lights from the biologists actively engaged in work monitoring studies for each rocket burning rocket and white exhaust flume. within 328 ft (100 m) of them. The Ugak launch from KLC. In addition to This potential for startle responses and Island haulout is also regularly exposed collecting rocket noise data, ENRI stampede/evacuation of the haulout led to disturbances from aircraft and fishing conducted aerial surveys over and the AADC to submit a request to NMFS vessels transiting Narrow Strait. collected real-time video footage at the for authorization for the incidental take Recent studies (Lawson et al., 2002, seasonally occupied Ugak Island of Steller sea lions during launches from and NAWS, 2002) show that Level B haulout site in conjunction with the KLC. The AADC recognizes in their harassment, as evidenced by beach three KLC launches when Steller sea application that despite the lack of flushing, will sometimes occur upon lions might have been present at the direct stimulus-response data tying sea exposure to launch sounds with SEL’s haulout: ait-1 on November 5, 1998; lion behavior to rocket launches from of 100 dBA (re 20 micro-Pa2 -sec) or ait-2 on September 15, 1999; and KLC, the unusual, high-intensity stimuli higher. It is expected that most received Athena on September 29, 2001. The resulting from brief launch-related noise levels at Ugak Island would be only time Steller sea lions were sights and sounds means that below levels which are likely to cause observed occupying the haulout was evacuation of the Ugak haul-out site by disturbance. The infrequent and brief during the ait-2 launch monitoring sea lions could reasonably be expected. nature of these sounds would cause period. Sixty to seventy animals were The behavioral data record for Steller masking for not more than a very small on the haulout about five hours sea lions is small throughout the North fraction of the time during any single pre-launch. Due to below freezing Pacific range and typically is focused on launch day and it is unlikely that temperatures, the video system shut off reproductive behaviors. In general, pinnipeds will become habituated to about four hours prior to the ait-2 studies have shown that responses of launch sounds. In addition, the launch. The video data show Steller sea pinnipeds on beaches to acoustic extremely rapid departure of the rockets lions fighting or sleeping on the haulout disturbance arising from rocket and means that pinnipeds would be exposed just minutes before the system stopped target missile launches are highly to increased sound levels for very short recording. The animals are then seen variable. This variability may be due to time intervals, and because launches are stampeding into the water and milling many factors, including species, age conducted relatively infrequently, about immediately offshore. The cause class, and time of year. Porter (1997) neither physiological stress nor hearing of the stampede is not apparent in the observed Steller sea lions fleeing into related injuries are likely. Therefore, video and no stimulus could be linked the water for a wide variety of reasons AADC anticipates that the effects of to the response. When, or if, any of the such as helicopter overflights, bird rocket launches from KLC would have Steller sea lions returned to the haulout flybys, and the presence of nearby no significant effects on the abilities of before the ait-2 launch is unknown. humans. He also noted sea lions pinnipeds to hear one another or to Although rocket noise might have stampedes into the water that could not detect natural environmental sounds, caused the sea lions to flee the haulout, be correlated with any observed and would have no more than a a clear-cut stimulus response of sea lion stimulus. There is also evidence that negligible impact on pinniped behavior to rocket noise cannot be both time of day and temperature alter populations. postulated without video data from the the probability of entry into the water Numbers of Marine Mammals Expected time of the launch. Approximately one (animals are more likely to enter the to Be Taken by Harassment hour after the rocket was launched, no water when already overheated) sea lions were seen hauled out and fifty (Bowles, 2000). Steller sea lions have The Steller sea lion is described by to sixty sea lions were observed in the been seen to mill about just offshore two stocks - those west of 144° west water immediately offshore. The day with their heads up in a heightened longitude listed as endangered, and the after the launch, sixty to seventy state of watchfulness (Porter, 1997) and eastern stock listed as threatened. Sea animals were seen hauled out, remain close to the haulout until they lions present hauled out on Ugak Island indicating that sea lions were not sense it is safe to go back ashore are of the western stock. The most significantly affected by the launch. (Lockheed Martin Environmental recent comprehensive estimate (pups This finding parallels that from other Services, 1999). and non-pups) of Steller sea lion spaceports, where sea lions have been Noise generated from aircraft and abundance in Alaska is based on aerial shown to accommodate to disturbance helicopter activities associated with the surveys and ground based pup counts in from rocket launches (Thorson and launches may provide a potential June and July 1998 from Southeast Francine, 1997). secondary source of incidental Alaska to the western Aleutian Islands Because no Steller sea lions were harassment, and the physical presence (Sease and Loughlin 1999). In addition, present at the Ugak Island haulout of aircraft or biologists could also lead surveys of all non-pup trend sites, during the ait-1 and Athena launches, it to non-acoustic effects on marine haulout sites, and rookeries were is not possible to relate any behavioral mammals involving visual or other cues. conducted during 2000 (Sease et al.,

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63119

2001). The best available population of a direct stimulus-response can currently be flown from KLC) was estimate for the western stock of Steller relationship between Steller sea lion launched in September 2001. This sea lions is the sum of the total number behavior and rocket launches. At this meant that the studies required in the of non-pups counted in 2000 (25,384) time, because of the absence of a EMP were complete. ENRI also and the number of pups counted in significant response by Steller sea lions monitored the 6th launch using the 1998 (9,211). The 2000 count of and because this is not a rookery with same protocols as in previous launches. non-pups (25,384) plus the number of pups, NMFS believes there is no need In a summary document of the pups in 1998 (9,211) is 34,595, which for the implementation of any specific monitoring reports for the first five will be used as the minimum mitigation measures other than the launches (ENRI, 2002), ENRI and AADC population estimate for the western U. monitoring requirements described recommended that KLC environmental S. stock of Steller sea lion (Wade and below, which includes immediately monitoring activities involving rocket Angliss 1997). This is considered a notifying NMFS if indications of a launches include the continuation of minimum estimate because it has not disturbance to Steller sea lions are Steller sea lion monitoring and the been corrected to account for animals recorded, if noise levels are observed collection of rocket noise data when sea which were at sea during the surveys. above 100 dBA, and in the lions are present at the Ugak Island The numbers of individual Steller sea unanticipated event that any cases of haulout. Even though no apparent lions that might stampede or otherwise pinniped mortality are judged to result behavioral responses of Steller sea lions shift position on the Ugak Island spit in from launch activities at any time to rocket launches were observed, sound response to an AADC generated during the period covered by these pressure levels are within the audible disturbance are difficult to estimate. regulations. If data from the monitoring range of Steller sea lions and the Because this haulout is occupied program collected during future potential for disruption of behavioral primarily from late June to early launches show the need for additional patterns exists. NMFS agrees with this October, the possible number of animals mitigation, specific measures would be finding, and in addition to any other taken would depend upon the timing of developed by the AADC in cooperation applicable state and federal permits, rocket launches. If a launch were to with NMFS and implemented through regulations, and environmental occur outside of this time frame, it is the LOAs. monitoring agreements that AADC has with other agencies, NMFS proposes to likely that no animals would be exposed Monitoring to noise resulting from rocket launches. include in its regulations issued for The highest count of sea lions at the Environmental monitoring studies for rocket launches from KLC the Ugak Island haulout was 177 in July rocket launches are modeled after those continuation of rocket motor noise data 1997 (ENRI 1995-98); this then outlined in the KLC Environmental collection and Steller sea lion represents the highest number of Monitoring Plan (EMP), which is an monitoring as laid out within the KLC animals that could be disturbed by a integral part of the NRMP (discussed EMP. previously). The EMP was reviewed and rocket launch during the season of Steller Sea Lion Monitoring haulout occupancy. approved by the federal and state agencies having oversight of the various The objective of monitoring Steller Effects of Rocket Launches on natural resources in and around KLC, sea lions is to detect any indications of Subsistence Needs and addresses stipulations in the FONSI disturbance that result from KLC rocket There are no subsistence uses of for the EA for construction of KLC, KLC launches to individuals at the pinniped species in Alaska waters development permits, and NRMP goals seasonally occupied Ugak Island within the KLC primary study area, and, and objectives. The primary KLC haulout site. Monitoring would be thus, there are no anticipated effects on environmental monitoring study area conducted for launches that take place subsistence needs. was set in September 1996 at a meeting from June through October, the only between AADC and representatives of time sea lions are likely to occupy the Effects of Rocket Launches on Marine the U.S. Fish and Wildlife Service, Ugak Island haulout. The haulout area Mammal Habitat NMFS, the FAA, and ENRI. It includes would be monitored before, during, and Solid rocket boosters would fall into the lands and waters within a 6-mile after launch operations to document and the ocean away from any known or (9.7 km) radius extending out from the characterize any observed responses. potential haulouts. All sonic booms that KLC launchpad. The EMP requires that Monitoring would be designed to reach the earth’s surface would be monitoring of Steller sea lions be done determine the type of disturbance expected to be over open ocean beyond at the seasonally occupied (late June to reactions and their relationship to the outer continental shelf. Airborne early October), non-breeding haulout on noises associated with rocket launches. launch sounds would mostly reflect or Ugak Island. The EMP also requires Fixed-wing aerial surveys would be refract from the water surface and, monitoring of rocket noise, bald eagle flown for any launches taking place except for sounds within a diameter of nests, Steller’s Eiders, and other from June through October using a approximately 30 degrees directly below environmental quality parameters such minimum flight altitude of 152.5 m (500 the launch vehicle, would not penetrate as water chemistry, macroinvertebrates, ft) ASL to be flown at low tide or, with into the water column. The sounds that stream sediment, and vegetation. consultation, toward evening. The do penetrate would not persist in the It was determined in September of aircraft would come no closer than water for more than a few seconds. 1996 that this monitoring plan would be one-quarter mile to the haulout. Overall, rocket launch activities from limited to the first five rocket launches Depending on aircraft availability, one KLC would not be expected to cause any from KLC, provided that at least one of or two biologist observers would impacts to habitats used by marine the launches represented the largest accompany the pilot. Data would be mammals, including pinniped haulouts, class of rocket that could be flown from gathered both visually and on 35-mm or to their food sources. the facility. ENRI prepared individual color film with a camera having a zoom monitoring reports for each launch. The lens. A total of five surveys would be Mitigation fifth rocket was launched from KLC in flown, if weather conditions permit. The Based on data collected from previous November of 2001, and a Lockheed/ first would occur the day prior to a launches from KLC, there is no evidence Martin Athena (the largest vehicle that scheduled launch and the second as

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63120 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

soon after the launch as possible. this information in its Annual final rule. The final rule and LOAs Replicate surveys would be flown the Environmental Monitoring and Natural issued thereunder will comply with the following three successive days to Resources Management Report. requirements of section 7(a)(2) of the determine post-launch haulout-use An interim technical report is ESA and the implementing regulations. patterns. proposed to be submitted to NMFS 60 For any launches that occur from June days prior to the expiration of each Classification through October, a real-time video annual LOA issued under these This action has been determined to be record would be made of sea lions regulations, along with any request for not significant for purposes of Executive reactions to launch-related noises. This a subsequent annual LOA. This interim Order 12866. would be accomplished by the technical report would provide full The Chief Counsel for Regulation of installation of a remote documentation of methods, results, and the Department of Commerce has custom-designed, closed-circuit, interpretation pertaining to all certified to the Chief Counsel for weatherproof, time-lapse video camera monitoring tasks for launches during the Advocacy of the Small Business system at the base of the Ugak Island sea period covered by the LOA. However, Administration that this proposed rule, lion haulout before a launch, which only preliminary information would be if adopted, would not have a significant would be retreived post-launch. Results available to be included for any economic impact on a substantial of the aerial and video surveys would be launches during the 60–day period number of small entities. The rule compared, providing information on immediately preceding submission of would apply only to AADC, which may startle effects and durations. In addition, the interim report to NMFS. in turn use a small number of video data would be time-correlated In addition to annual interim LOA contractors to provide services related to with rocket motor noise measurements reports, NMFS proposes to require the proposed reporting requirements. to provide objective information on any AADC to submit a draft comprehensive The rule would have no effect, directly startle responses or indications of final technical report to NMFS 180 days or indirectly, on small businesses. disturbance reactions that may occur prior to the expiration of the Because of this certification, a resulting from rocket launches. regulations. This draft technical report regulatory flexibility analysis is not Comparisons would also be made with would provide full documentation of required. baseline data assembled by AADC to methods, results, and interpretation of Notwithstanding any other provision help gauge any natural trends that may all monitoring tasks for launches during of law, no person is required to respond be occurring. the first four LOA’s, plus preliminary to nor shall a person be subject to a information for launches during the first penalty for failure to comply with a Acoustical Measurements 6 months of the final LOA. collection of information subject to the Rocket motor noise monitoring would requirements of the Paperwork National Environmental Policy Act be done concurrently with video Reduction Act (PRA) unless that (NEPA) monitoring at the Ugak Island haulout. collection of information displays a These data would be synchronized to The FAA prepared an Environmental currently valid OMB control number. the video data to document correlations Assessment (EA) (June 1996) to evaluate This proposed rule contains between noise signatures and pinniped the AADC’s proposal to construct and collection-of-information requirements responses. Sound intensity and operate a launch site at Narrow Cape on subject to the provisions of the PRA. frequency metrics would be recorded Kodiak Island, Alaska. After reviewing This collection has been approved before, during, and after a launch by an and analyzing currently available data previously by OMB under section SLM mounted on a permanent and information on existing conditions, 3504(b) of the PRA issued under OMB stanchion upon the Ugak Island haulout project impacts, and measures to control number 0648-0151, and includes one day or more before a launch and mitigate those impacts, and after applications for LOAs and reports. retrieved within one day post-launch. considering public comments, the Office The SLM would be set to highlight of the Associate Administrator for Information Solicited sounds greater than 70 dBA. Commercial Space Transportation (AST) Regulations, if issued, would issued a Finding of No Significant authorize NMFS to issue annual LOAs Reporting Impact (FONSI) based on the for the taking of small numbers of If indications of a disturbance to determination that licensing the Steller sea lions incidental to rocket Steller sea lions are recorded, and/or if operation of the proposed launch site is launches associated with the ait, QRLV, noise levels are observed above 100 not a major Federal action that would STARS, and other commercial space dBA, AADC would contact NMFS with significantly affect the quality of the launch programs from KLC. NMFS such information. In the unanticipated human environment, and that requests interested persons and event that any cases of pinniped preparation of an Environmental Impact organizations to submit comments, mortality are judged to result from Statement (EIS) is not required (61 FR information, and suggestions concerning launch activities at any time during the 54248). NMFS is reviewing this EA and the request and the content of the period covered by these regulations, this will either adopt it or perform its own proposed regulations to authorize event would be reported to NMFS NEPA analysis before making a taking. NMFS will consider this immediately. determination on the issuance of an information in developing proposed Data from monitoring activities would LOA. regulations to authorize the taking. All be reduced, analyzed, and reported to commenters are encouraged to review Endangered Species Act (ESA) NMFS within 90 calendar days the application prior to submitting following cessation of field activities for Under section 7 of the ESA, NMFS comments. each launch. The report would has begun consultation on the proposed summarize the timing and nature of issuance of an incidental take List of Subjects in 50 CFR Part 216 launch operations, summarize sea lion authorization and regulations under Exports, Fish, Imports, Indians, behavioral observations, and estimate section 101(a)(5)(A) of the MMPA for Labeling, Marine mammals, Penalties, the amount and nature of take by this activity. Consultation will be Reporting and record-keeping harassment. AADC would also include concluded prior to promulgation of a requirements, Seafood, Transportation.

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63121

Dated: October 22, 2004. Level B harassment, in the course of local agency monitoring the impacts of Rebecca Lent, conducting missile launch activities the activity on marine mammals. Unless Deputy Assistant Administrator for within the area described in agreed to in writing otherwise, the Regulatory Programs, National Marine § 216.230(a), provided all terms, holder must notify the Alaska Regional Fisheries Service. conditions, and requirements of these Administrator at least 2 weeks prior to For reasons set forth in the preamble, regulations and such Letter of commencing monitoring activities. 50 CFR part 216 is proposed to be Authorization are complied with. (c) Activities related to the monitoring amended as follows: (b) The activities identified in described in paragraph (a) of this § 216.230(a) must be conducted in a section, or in the Letter of Authorization PART 216—REGULATIONS manner that minimizes, to the greatest issued under §§ 216.106 and 216.236 GOVERNING THE TAKING AND extent practicable, adverse impacts on may be conducted without a separate IMPORTING OF MARINE MAMMALS marine mammals and their habitat. scientific research permit. (d) In coordination and compliance 1. The authority citation for part 216 § 216.233 Prohibitions. continues to read as follows: with the Alaska Aerospace Development The following activities are Corporation, at its discretion, the Authority: 16 U.S.C. 1361 et seq. prohibited: National Marine Fisheries Service may 2. Subpart S is added and reserved. (a) The taking of a marine mammal place an observer on Kodiak or Ugak 3. Subpart T is added and reserved. that is other than unintentional. Islands for any marine mammal 4. Subpart U is proposed to be added (b) The violation of, or failure to to read as follows: monitoring activity prior to, during, or comply with, the terms, conditions, and after a missile launch to monitor Subpart U—Taking of Marine Mammals requirements of this subpart or a Letter impacts on marine mammals. Incidental to Rocket Launches From of Authorization issued under (e) The holder of the Letter of the Kodiak Launch Complex, Kodiak § 216.106. Authorization must comply with any Island, AK (c) The incidental taking of any other applicable state or federal permits, marine mammal of a species not regulations, and environmental Sec. specified, or in a manner not monitoring agreements set up with other 216.230 Specified activity and specified authorized, in this subpart. agencies. geographical region. (f) The National Marine Fisheries § 216.234 Mitigation, monitoring and 216.231 Effective dates. Service must be informed immediately 216.232 Permissible methods of taking. reporting. of any proposed changes or deletions to 216.233 Prohibitions. (a) The holder of the Letter of 216.234 Mitigation, monitoring and any portions of the monitoring Authorization must implement the requirements. reporting. following measures for all launches 216.235 Letter of Authorization. (g) The holder of the Letter of 216.236 Renewal of a Letter of occurring from June through October: Authorization must implement the Authorization. (1) Conduct five replicate fixed-wing following reporting requirements: 216.237 Modifications to a Letter of aerial surveys of Steller sea lions hauled (1) If indications of a disturbance or Authorization. out at Ugak Island, each flown at low injurious or lethal take are recorded, tide (weather permitting), using a and/or if recorded noise levels are above Subpart U—Taking of Marine Mammals minimum flight altitude of 500 feet 100 dBA, the Alaska Regional Incidental to Rocket Launches From ASL, with an approach no closer than Administrator, National Marine the Kodiak Launch Complex, Kodiak one-quarter mile to the haulout, and Fisheries Service, or his/her designee, Island, AK conducted a day prior to, directly will be contacted within 48 hours and, following, and for three consecutive § 216.230 Specified activity and specified in cooperation with the National Marine geographical region. days after a launch. Fisheries Service, launch procedure, (2) At least one biologist observer will mitigation measures, and monitoring (a) Regulations in this subpart apply accompany the pilot during aerial all only to the incidental taking of marine methods must be reviewed and surveys. appropriate changes made prior to the mammals specified in paragraph (b) of (3) Data gathered during aerial this section by U.S. citizens engaged in next launch. surveys will be gathered visually and on (2) Data from monitoring activities rocket launch activities at the Kodiak color film through the use of a 35 mm Launch Complex on Kodiak Island, will be reported to the National Marine camera with a zoom lens. Fisheries Service within 90 days Alaska. (4) A real-time video record of Steller (b) The incidental take of marine following cessation of field activities for sea lion reactions to launch noise will mammals under the activity identified each launch. be made using a video camera system in paragraph (a) of this section is limited (3) An interim technical report must placed upon the Ugak Island haulout to Steller sea lions (Eumetopius be submitted to the Office of Protected before a scheduled launch and then jubatus). Resources and the Alaska Regional retrieved after the launch. Office at least 60 days prior to the § 216.231 Effective dates. (5) Sound intensities and frequencies expiration of each annual Letter of Regulations in this subpart are of rocket motor noise will be recorded Authorization. This report must contain effective from December 1, 2004, before, during, and after a launch by a the following information: through November 30, 2009. sound level monitor set to highlight (i) Timing and nature of launch sounds greater than 70 dBA that is operations; § 216.232 Permissible methods of taking. mounted upon the Ugak Island haulout (ii) Summary of pinniped behavioral (a) Under a Letter of Authorization one day or more before a launch and observations; issued pursuant to § 216.106, the Alaska retrieved within one day post-launch. (iii) Estimate of the amount and Aerospace Development Corporation (b) The holder of the Letter of nature of all takes by harassment or by and its contractors, may incidentally, Authorization is required to cooperate other means. but not intentionally, take those marine with the National Marine Fisheries (4) A draft comprehensive technical mammals specified in § 216.230(b) by Service and any other Federal, state or report will be submitted to the Office of

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63122 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

Protected Resources and Alaska § 216.236 Renewal of a Letter of published in the Federal Register Regional Office, National Marine Authorization. within 30 days subsequent to the action. Fisheries Service, 180 days prior to the (a) A Letter of Authorization for the [FR Doc. 04–24234 Filed 10–28–04; 8:45 am] expiration of these regulations with full activity identified in § 216.230(a) will be BILLING CODE 3510–22–S documentation of the methods, results, renewed upon: and interpretation of all monitoring (1) Notification to the National Marine tasks for launches during all expired Fisheries Service that the activity DEPARTMENT OF COMMERCE Letters of Authorization, plus described in the application for a Letter preliminary information for launches National Oceanic and Atmospheric of Authorization submitted under Administration during the first 6 months of the final § 216.235 will be undertaken and that Letter of Authorization. there will not be a substantial 50 CFR Parts 216 and 300 (5) A revised final technical report, modification to the described activity, including all monitoring results during mitigation or monitoring undertaken [Docket No. 040920271–4271–01; I.D. the entire period of the Letter of during the upcoming season; 102004A] Authorization will be due 90 days after (2) Timely receipt of and acceptance RIN 0648–AS05 the end of the period of effectiveness of by the National Marine Fisheries these regulations. Service of the monitoring reports Taking of Marine Mammals Incidental (6) Both the interim and draft required under § 216.234; to Commercial Fishing Operations; comprehensive reports will be subject to (3) A determination by the National Tuna Purse Seine Vessels in the review and comment by the National Marine Fisheries Service that the Eastern Tropical Pacific Ocean (ETP) Marine Fisheries Service. Any mitigation, monitoring and reporting AGENCY: National Marine Fisheries recommendations made by the National measures required under §§ 216.232 and Service (NMFS), National Oceanic and Marine Fisheries Service must be 216.234 and the Letter of Authorization Atmospheric Administration (NOAA), addressed in the final comprehensive were undertaken and will be undertaken Commerce. report prior to acceptance by the during the upcoming period of validity ACTION: National Marine Fisheries Service. Proposed rule; collection-of- of a renewed Letter of Authorization; information requirements; request for § 216.235 Letter of Authorization. and comments. (4) A determination that the number (a) A Letter of Authorization, unless of marine mammals taken by the SUMMARY: NMFS proposes regulations to suspended or revoked, will be valid for activity will be small and that the total implement resolutions adopted by the a period of time specified in the Letter taking by the activity will have no more Inter-American Tropical Tuna of Authorization, but a Letter of than a negligible impact on the affected Commission (IATTC) and by the Parties Authorization may not be valid beyond species or stocks of marine mammal(s), to the Agreement on the International the effective period of the regulations. and that the level of taking will be Dolphin Conservation Program (IDCP). (b) A Letter of Authorization with a consistent with the findings made for These regulations would prohibit period of validity less than the effective the total taking allowable under these activities that undermine the effective period of the regulations in this subpart regulations. implementation and enforcement of the may be renewed subject to renewal (b) A notice of issuance or denial of Marine Mammal Protection Act conditions in § 216.236. a renewal of a Letter of Authorization (MMPA), Dolphin Protection Consumer (c) A Letter of Authorization will set will be published in the Federal Information Act (DPCIA), and forth: Register within 30 days of a International Dolphin Conservation determination. Program Act (IDCPA). This proposed (1) Species of marine mammals rule would enlarge the class of vessels authorized to be taken; § 216.237 Modifications to a Letter of required to pay observer fees. The (2) Permissible methods of incidental Authorization. procedure to categorize tuna purse seine taking; (a) Except as provided in paragraph vessels as ‘‘active’’ in the Eastern (3) Specified geographical region; (b) of this section, no substantive Tropical Pacific Ocean (ETP) and the deadline for submitting vessel permit (4) Means of effecting the least modification (including withdrawal or applications would change. Procedures practicable adverse impact on the suspension) to a Letter of Authorization are proposed for managing the capacity species of marine mammals authorized issued pursuant to the provisions of this of the U.S. tuna purse seine fleet for taking and its habitat; and subpart shall be made by the National Marine Fisheries Service until after operating in the ETP through (5) Requirements for monitoring and notification and an opportunity for maintenance of a Vessel Register, the reporting incidental takes. public comment has been provided. A definitive list of vessels authorized to (d) Issuance of a Letter of renewal of a Letter of Authorization purse seine for tuna in the ETP. This Authorization will be based on a under § 216.236 without modification is proposed rule is intended to contribute determination that the number of not considered a substantive to the long-term conservation of dolphin marine mammals taken by the activity modification. and tuna stocks and to ensure that the will be small, and that the total taking (b) If the Assistant Administrator domestic tuna tracking and verification by the activity as a whole will have no determines that an emergency exists program remains consistent with more than a negligible impact on the that poses a significant risk to the international standards. affected species or stocks of marine well-being of the species or stocks of DATES: Comments on the proposed mammal(s). marine mammals specified in regulations must be received by (e) Notice of issuance or denial of a § 216.230(b), a Letter of Authorization November 29, 2004. Letter of Authorization will be may be substantively modified without ADDRESSES: Send comments on the rule published in the Federal Register prior notification and an opportunity for and the Initial Regulatory Flexibility within 30 days of a determination. public comment. Notification will be Analysis to Jeremy Rusin, NMFS,

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63123

Southwest Region, Protected Resources U.S. limit was originally based on the in § 216.3 to include the acronym Division, 501 W. Ocean Blvd., Suite cumulative capacity of U.S. vessels ‘‘FCO’’, as well as NOAA Form 370. In 4200, Long Beach, CA 90802–4213. This actively fishing in the ETP in the years § 216.3, a definition for ‘‘South Pacific address may also be used to submit leading up to 1999. In addition, U.S. Tuna Treaty’’ would be added to specify observer fee payments, permit purse seine vessels based in the western that the term refers to the Treaty on applications and other documentation Pacific Ocean (WPO) were allowed to Fisheries Between the Governments of to the Administrator, Southwest Region, make 32 trips into the ETP without Certain Pacific Island States and the with the exception of Fisheries counting against the 8,969 mt limit. Government of the United States of Certificates of Origin (see below). Recent resolutions adopted under the America (South Pacific Tuna Treaty). Comments may be sent via facsimile IATTC have addressed limits on fleet In § 300.21, a definition would be (fax) to (562) 980–4027 or via E-mail. capacity. The United States and other added for ‘‘Vessel Register’’ in order to Include in the subject line of the E-mail Parties to the IATTC Convention and formally name the list of vessels the following document identifier: RIN Agreement on the IDCP are responsible authorized to purse seine for tuna in the 0648–AS05. The mailbox address for for domestically implementing ETP, which is comprised of both U.S. providing E-mail comments is 0648– resolutions adopted each year. Under and international vessels. A second [email protected]. Comments may also be the U.S. Tuna Conventions Act (16 definition would be added in Section submitted electronically through the U.S.C. 951 et seq.), the Secretary of 300.21 for ‘‘South Pacific Tuna Treaty’’ Federal e-Rulemaking portal: http// Commerce is authorized to promulgate to specify that the term refers to the www.regulations.gov. regulations implementing the Treaty on Fisheries Between the Fisheries Certificates of Origin recommendations of the IATTC. Governments of Certain Pacific Island submitted via mail should be sent to Implementation of recent capacity States and the Government of the Tuna Tracking and Verification resolutions is one objective of this United States of America. Program, Southwest Region, P.O. Box proposed rule. Interference with Investigations and The IDCPA was signed into law 32469, Long Beach, CA 90832–2469. Authorized Activities August 15, 1997, and became effective FOR FURTHER INFORMATION CONTACT: March 3, 1999. The IDCPA amends the These regulations propose to add a Jeremy Rusin, NMFS, Southwest MMPA, DPCIA (16 U.S.C. 1385), and new § 216.17 to prohibit activities that Region, Protected Resources Division, at Tuna Conventions Act. The IDCPA, undermine the effective implementation (562) 980–4020. together with previous declarations, and enforcement of the MMPA, DPCIA, SUPPLEMENTARY INFORMATION: became the blueprint for the Agreement and IDCPA. Currently, individuals who Background on the IDCP. In May 1998, eight nations, refuse to permit boardings by including the United States, signed a enforcement agents, interfere with The United States is a member of the binding, international agreement to inspections or stranding response, or IATTC, which was established in 1949 implement the IDCP. The Agreement on intentionally submit false information under the Convention for the the IDCP became effective on February may not be subject to prosecution under Establishment of an Inter-American 15, 1999, after four nations (United the MMPA, as such activities are not Tropical Tuna Commission States, Panama, Ecuador, and Mexico) specifically prohibited. Such activities (Convention). The IATTC provides an deposited their instruments of constrain law enforcement actions international forum to ensure the ratification, acceptance, or adherence needed to ensure compliance with the effective international conservation and with the depository for the Agreement. statute. Lastly, this action would ensure management of highly migratory species The IDCPA (16 U.S.C. 1413) mandates that there are regulations protecting law of fish in the Convention Area. The the Secretary of Commerce to issue and enforcement officials while conducting Convention Area is defined to include revise regulations, as appropriate, to investigations in the field. waters of the ETP bounded by the coast implement the IDCP. Vessel Register of the Americas, the 40° N. and 40° S. This proposed rule is intended to parallels, and the 150° W. meridian. The revise current regulations to ensure The IATTC established a international IATTC has maintained a scientific consistency between operation of the Vessel Register on June 28, 2002. In research and fishery monitoring U.S. tuna purse seine fleet in the ETP § 300.22(b), NMFS proposes to maintain program for many years and annually and resolutions adopted by the IATTC a domestic Vessel Register in assesses the fisheries and the status of and by the Parties to the Agreement on accordance with recommendations of tuna stocks to determine appropriate the IDCP. This proposed rule also the IATTC. In addition, procedures harvest limits or other measures to introduces procedural modifications would be established for vessels to be prevent overexploitation of the stocks needed in the domestic tuna tracking categorized as active or inactive on the and promote viable fisheries. More and verification program, especially Vessel Register for a given calendar recently, the IATTC has moved into regarding the maintenance and year. Vessels would be eligible for other fishery management issues, such submission of tracking and verification inclusion on the Vessel Register if they as managing the cumulative capacity of records. In addition, these regulations were determined to have a history of vessels fishing in the Convention Area, would prohibit labeling tuna with a fishing in the ETP prior to the bycatch of non-target and protected mark that refers to dolphins or other establishment of the IATTC Vessel species, and imposing time-area marine mammals if the label does not Register on June 28, 2002. Vessels that closures to conserve tuna stocks. comply with the requirements of 16 were not originally eligible for inclusion In support of fleet capacity control, U.S.C. 1385(d) and prohibit interference on the Vessel Register could be added the United States agreed to an IATTC with enforcement and inspection only to replace another vessel of equal resolution that limited total ETP purse activities that undermine the or greater capacity that has been seine fleet capacity. Currently, the effectiveness of the MMPA. removed from the Vessel Register. United States is committed to limiting As of September 2004, the following the capacity of its domestic tuna purse Definitions U.S. purse seine vessels, with carrying seine fleet operating in the ETP to 8,969 The definition for ‘‘Fisheries capacities in parentheses, are eligible for metric tons (mt) carrying capacity. The Certificate of Origin’’ would be revised inclusion on the Vessel Register

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63124 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

maintained by the IATTC: Andrea C Purse seine vessels of less than 400 st previous year; (3) requests for vessels (1,089 mt); Anna Maria II (82 mt); Annie (362.8 mt) carrying capacity that do not not described in (1) or (2) will be D (100 mt); Anthony G (35 mt); target tuna on a full-time basis (in other prioritized on a first-come, first-served Antoinette W (25 mt); Atlantis (1,089 words, 50 percent or less of annual basis; and (4) requests for vessels that mt); Barbara H. (91 mt); Bold landings by the vessel are tuna caught were determined to have made a Adventuress (1,361 mt); Calogera A (62 in the ETP) would not be required to be frivolous request for active status for the mt); Cape Elizabeth (1,542 mt); Cape categorized as active, or even be listed previous year. Vessels in excess of 400 Finisterre (1,361 mt); Carol Linda (1,587 on the Vessel Register, in order to purse st (362.8 mt) carrying capacity would mt); Cassie (62 mt); Connie Jean (517 seine for tuna in the ETP when tuna are not be categorized as active on the mt); Daniela (1,217 mt); Diana (1,089 seasonally available. Vessel Register unless the captain of the mt); Donna B (145 mt); Eileen (42 mt); Purse seine vessels of less than 400 st vessel possessed a valid operator Ferrigno Boy (70 mt); Fiore D’Mare (85 (362.8 mt) carrying capacity that target permit. mt); G Nazzareno (75 mt); Gallant (91 tuna on a full-time basis (in other Under new § 300.22(b)(5), vessels mt); Gloria Marie (23 mt); Jeanette words, more than 50 percent of annual could be removed from the Vessel (1,542 mt); Jeannine (1,089 mt); Jenny landings by the vessel are tuna caught Register by the Administrator, Lynne (59 mt); Kathy Jeanne (73 mt); in the ETP) would be required to be Southwest Region: (1) if they have sunk, King Philip (91 mt); Koorale (998 mt); categorized as active on the Vessel (2) at the written request of the owner Lady Elizabeth (288 mt); Lady Renee (36 Register. In order to be categorized as or managing owner, (3) if they have not mt); Linda C. (11 mt); Margaret F (54 active on the Vessel Register, these paid the required observer placement mt); Maria (89 mt); Maria T (45 mt); small purse seine vessels would be fee, (4) if the vessel owner or managing Mary Louise (54 mt); Mauritania (340 required to submit payment of observer owner does not submit, within the mt); Midnight Hour (45 mt); Nancy B II placement fees associated with active allotted time, a vessel permit (68 mt); New Horizon (33 mt); Odette status to the Administrator, Southwest application and associated processing Therese II (1,089 mt); Pacific Princess Region. Owners may request to have fee, (5) if the United States Coast Guard (1,089 mt); Pioneer (64 mt); Proud purse seine vessels of less than 400 st notifies NMFS that the U.S. Heritage (998 mt); Retriever (45 mt); (362.8 mt) carrying capacity listed as documentation for the vessel has been Romani Sons (91 mt); Saint Joseph (79 inactive on the Vessel Register by deleted, or (6) for serious violations, for mt); San Antonio (86 mt); San Pedro submitting payment of the observer failure to pay a penalty, or for default Pride (104 mt); Santa Maria (77 mt); Sea placement fee associated with inactive on a penalty payment agreement. status. Encounter (1,814 mt); Sea Queen (91 In new § 300.22(b)(6), vessels mt); Sheelagh B (82 mt); St George II (91 New § 300.22(b)(4)(i) would provide that when the owner of a vessel in removed from the Vessel Register for a mt); Tradition (1,089 mt); Trionfo (68 given year or years could be added back mt); and Western Pacific (1,678 mt). excess of 400 st (362.8 mt) carrying to the Vessel Register and categorized as In order for vessels in excess of 400 capacity submits a vessel permit inactive at any time, provided they pay short tons (st), (362.8 mt) carrying application, permit application fee, and capacity to purse seine for tuna in the observer placement fee, the the vessel assessment associated with ETP, they would be required to be Administrator, Southwest Region, inactive status. Vessels removed from categorized as active on the Vessel would interpret the submissions as the active status on the Vessel Register for Register, have obtained a vessel permit, owner’s request for the subject vessel to one of the reasons described in the and have paid the permit application fee be categorized as active under the previous paragraph may be replaced and the observer placement fee Vessel Register in a given calendar year. with another vessel by the associated with the active status. The owner of a vessel of 400 st (362.8 Administrator, Southwest Region, at any Owners who request to have purse mt) carrying capacity or less would be point during the year. Owners or seine vessels in excess of 400 st (362.8 required to submit only payment of the managing owners of vessels eligible for mt) listed as inactive on the Vessel observer placement fee associated with inclusion on the Vessel Register would Register would be required to pay the active status in order to request the be notified by the Administrator, observer placement fee associated with vessel be listed on the Vessel Register as Southwest Region, when an opportunity inactive status. However, only purse active. to replace a removed vessel arises. seine vessels in excess of 400 st (362.8 For 2005 only, requests to be Vessels categorized as inactive at the mt) listed as active on the Vessel categorized as active that are received time that a vessel is removed from Register would be allowed to fish in the by the Administrator, Southwest active status, and active capacity ETP; large purse seine vessels listed as Region, would be prioritized on a first- becomes available, would be given first inactive would be prohibited from come, first-served basis. Requests to be priority to become active for the fishing. active for 2006 and subsequent years remainder of the year. Second priority Purse seine vessels licensed under the that are received by the Administrator, would be given to vessels not included South Pacific Tuna Treaty would be Southwest Region, between August 1 on, but eligible for inclusion, on the allowed to make a single trip in the ETP and September 15 of the previous year, Vessel Register. In order to replace a per year, not to exceed 90 days in for vessels requesting DMLs, or between vessel removed from active status on the duration. They would not be required to August 1 and November 30 of the Vessel Register, the owner of a purse be listed on the Vessel Register; previous year, for vessels not requesting seine vessel in excess of 400 st (362.8 however, they would be required to a DMLs, would be prioritized according mt) carrying capacity would be required obtain a vessel permit, pay the permit to the following hierarchy: (1) requests to submit to the Administrator, application fee and the observer for vessels that were categorized as Southwest Region, a vessel permit placement fee associated with active active in the previous year except for application, as well as payment of the status, and carry an approved IDCP or vessels that were determined by the permit application processing fee and ETP-trained Forum Fisheries Agency Administrator, Southwest Region, to observer placement fee consistent with observer prior to entering the ETP to have made frivolous requests for the active status and verification that the fish. No more than 32 such trips would previous year; (2) requests for vessels captain of the vessel possessed a valid be allowed per year. that were categorized as inactive in the operator permit.

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63125

In order to replace a vessel removed (362.8 mt) would not be required to ADDRESSES) would also be acceptable. from active status on the Vessel submit a vessel permit application or All importers of record submitting Register, the owner of a purse seine application processing fee; vessel electronic certifications, whether via vessel of 400 st (362.8 mt) carrying permits are not required for vessels of FTP or on compact disc, would be capacity or less would be required to this size regardless of whether or not required to make submissions in either submit to the Administrator, Southwest they are listed on the Vessel Register. Adobe Portable Document Format (PDF) Region, only payment of the observer Any owner that requests to have a or as an image file embedded in a placement fee consistent with active purse seine vessel of less than 400 st Microsoft Word, Microsoft PowerPoint, status. (362.8 mt) carrying capacity listed as or Corel WordPerfect file. Paragraphs The regulations would require that active on the Vessel Register would be previously designated (f)(2)(ii) and (iii) the owner of a purse seine vessel listed required to submit payment of the would be redesignated as (f((2)(iii) and as inactive on the Vessel Register, who observer placement fee associated with (iv), respectively. requests to have the vessel’s status active status no later than November 30 In § 216.24(f)(4) two modifications changed to active, pay an observer of the year prior to the year for which would be made. In paragraph (f)(4)(xi), placement fee equal to the difference inclusion on the Vessel Register is the name of the vessel would be between the fee for active status and the requested. Owners of small purse seine required on the FCO regardless of the fee for inactive status that was already vessels for which at least 50 percent of gear type used. In paragraph (f) (4)(xiv), paid. The observer placement fee for an annual catch is comprised of tuna NMFS would require importers, owner of a replacement vessel not caught in the ETP would be required to exporters, or processors who take already listed as inactive on the Vessel request these vessels be listed as active custody of tuna shipments to sign and Register would be the full observer on the Vessel Register by submitting date FCOs. Current regulations limit this placement fee associated with active payment of observer placement fees requirement to tuna shipments status. associated with active status no later harvested by purse seine vessels in than November 30 of the year prior to excess of 400 st. This modification is Vessel Permit Application and Payment the year for which inclusion on the necessary because processors who of Observer Placement Fee Vessel Register is requested. Owners import tuna must be able to verify Section 216.24(b)(4) would require that request to have these small vessels dolphin-safe status through use of the vessel permit applications to be faxed listed as inactive on the Vessel Register FCO for all tuna imports regardless of and establish deadlines for submission would be required to submit payment of gear or vessel size. of vessel permit applications and observer placement fees associated with Market Prohibitions application processing fees. No vessel inactive status no later than November permit application or application 30 of the year prior to the year for which NMFS would add a market processing fee may be submitted prior to inclusion on the Vessel Register is prohibition to § 216.24(f)(12)(ii) to August 1 of the year prior to year for requested. complement the dolphin-safe labeling which permit would be valid. Vessel Owners requesting to replace a vessel requirements under the DPCIA, as owners or managing owners requesting removed from active status on the codified in regulations at 50 CFR 216.91 a dolphin mortality limit (DML) and Vessel Register would be required to et seq. This new prohibition would that a vessel be categorized as active on submit to the Administrator, Southwest make commerce in tuna or tuna the Vessel Register for the following Region, a vessel permit application, products bearing a label or mark that year, would be required to submit the payment of the permit application refers to dolphins, porpoises, or marine vessel permit application, observer processing fee, and payment of the mammals illegal if the label or mark placement fee, and application observer placement fee consistent with does not comply with the labeling and processing fee no later than September active status before the vessel would be marking requirements of 16 U.S.C. 15 of the year prior to year for which the listed as active. In addition, these 1385(d). The Dolphin Protection DML is requested. owners would be required to verify that Consumer Information Act authorizes Vessel owners or managing owners the captain of the vessel possessed a the Secretary to regulate entities in the not requesting a DML for a vessel, but valid operator permit. stream of commerce that are responsible requesting a vessel greater than 400 st for trafficking in tuna product that bears Importation, Purchase, Shipment, Sale, (362.8 mt) be categorized as active on labels suggesting the tuna was harvested and Transport the Vessel Register for the following in a ‘‘dolphin-safe’’ manner. As a result year, would be required to submit the In § 216.24, a new paragraph (f)(3)(ii) and based on NMFS’ experience, NMFS vessel permit application, observer would be added requiring that Fisheries has determined that giving NMFS the placement fee, and application Certificates of Origin (FCOs) and ability to enforce the labeling standards processing fee no later than November associated certifications be submitted by at the wholesale, distribution, and retail 30 of the year prior to the year for which the importer of record within 30 days of levels will further compliance with the inclusion on the Vessel Register is the shipment’s entry into the commerce DPCIA. During the course of recent requested. of the United States. The proposed investigations into illegally imported Owners or managing owners of regulations would allow certifications to tuna products, NMFS determined that vessels not on the Vessel Register and be submitted electronically to the Tuna there is both a ready supply of a certain licensed under the South Pacific Tuna Tracking and Verification Program using brand of tuna products from Mexico Treaty would be required to submit a secure file transfer protocol (FTP). entering the U.S. market that carries a vessel permit applications, observer Importers of record interested in label/mark that implies the tuna is placement fees, and application submitting FCOs and associated dolphin-safe and a demand among processing fees before the vessel is certifications via FTP may contact a consumers for this product. While there assigned an observer and enters the ETP representative of the Tuna Tracking and is no indication that the labeled product to fish, allowing 15 days for NMFS to Verification Program. Certifications is not dolphin-safe, it appears that the process the application. submitted by mail either on compact product entered the U.S. market without Owners or managing owners of disc or as hard copies to the Tuna being accompanied by the required vessels equal to or less than 400 st Tracking and Verification Program (see paperwork. Further, at the time such

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63126 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

products were discovered by law submission, and audit/spot-check Appendix A to the EA prepared on the enforcement officials, the party obligations of the Tuna Tracking and proposed regulations. The IRFA possessing the product (usually a Verification Program. In addition to indicates that the proposed regulations retailer) was not the party that placed maintaining records, wholesalers/ would have a minimal impact on the the dolphin-related label on the distributors would be required to submit U.S. purse seine fishing fleets and product. or provide access to all pertinent associated businesses. This proposed new prohibition would records and facilities related to caught, NMFS analyzed three alternatives in improve the ability of NMFS landed, stored and processed tuna. the IRFA for this proposed rule. The Enforcement to pursue enforcement For purposes of this regulation, first alternative that NMFS analyzed actions against all parties in the stream wholesalers/distributors would be was the ‘‘no action’’ alternative and this of commerce that handle or sell labeled identified as entities that sell from alternative would not implement tuna product. Putting such enforcement offices or warehouses, advertise to recommendations of the IATTC member pressure on all businesses that businesses rather than to the general nations or resolutions adopted by the distribute or sell labeled products is public, and generally have no walk-in Parties to the Agreement on the IDCP. likely to raise their awareness of the traffic or public displays. This addition The second alternative NMFS analyzed dolphin-safe labeling standards. NMFS is proposed because current regulations was the ‘‘preferred alternative,’’ which anticipates that this will, in turn, reduce require importers to adhere to the would: (1) establish a register of U.S. the illegal trafficking of such products. tracking requirements, but do not vessels with a history of fishing in the extend the requirements to parties any ETP prior to June 28, 2002, and require Changes to Verification Requirements farther in the stream of commerce. that only vessels on that list would be Section 216.93(c)(v) would be revised Investigations into the alleged illegal authorized to purse seine for tuna in the to prohibit distribution of confidential importation of tuna products have been ETP; (2) limit the aggregate capacity of Tuna Tracking Forms (TTFs) by thwarted because NMFS discovered the U.S. purse seine vessels that may fish replacing the phrase ‘‘shall not’’ with products only after they had been full time for tuna in the ETP to 8,969 mt ‘‘may not’’. Current regulations were delivered to the retailers. For example, carrying capacity per year; (3) revise the intended to prohibit distribution of wholesalers/distributors did not requirements for maintaining and these confidential documents; however, maintain any paperwork regarding the submitting tuna tracking and this intention was not apparent in the delivery or purchase of the tuna that verification records; (4) ensure that way current regulations were would have allowed NMFS to owners of U.S. vessels on the register constructed. investigate who had been involved in pay annual assessments; (5) prohibit Section 216.93(e) would be revised in the illegal importation. Without commerce in tuna or tuna products this proposed rule to specify that copies extending the tracking requirements to bearing a label or mark that refers to of FCOs and required certifications must wholesalers/distributors, this dolphins, porpoises, or marine be submitted by the importer of record complication with investigations would mammals if the label or mark does not to the Administrator, Southwest Region, likely continue, as there is the potential comply with the labeling and marking within 30 days of the shipment’s entry that illegal importations of tuna are requirements of 16 U.S.C. 1385(d); and into the commerce of the United States, ongoing. NMFS does not propose (6) prohibit interference with consistent with the addition of a the extending recordkeeping requirements enforcement and inspection activities, proposed new paragraph (f) (3) (ii) in to retailers, but in order to aid submission of false information, and § 216.24(f)(3). enforcement of these regulations, NMFS other activities that would undermine NMFS would revise § 216.93(f) to would apply the verification the effectiveness of the MMPA, IDCPA, require maintenance of records on all requirements of this section to and DPCIA. The third alternative NMFS tuna imported into the United States, wholesalers/distributors. analyzed was the ‘‘variations of the not just tuna harvested in the ETP that preferred alternative’’ alternative and Public Comments Solicited is imported. This change would be this alternative would retain the clearly made because of the need to track all the NMFS is soliciting public comments required elements of the preferred tuna coming into the United States in on this proposed rule. Written alternative, but it would also include order to track and verify tuna harvested comments may be submitted to Jeremy other measures not specifically required in the ETP. Rusin (see ADDRESSES and DATES). by internationally adopted resolutions. Under these proposed regulations, Classification Generally, the objectives of resolutions certain entities (any exporter, adopted by the IATTC member nations transshipper, importer, processor or Executive Order 12866 and the Parties to the Agreement on the wholesaler/distributor of tuna or tuna This proposed rule has been IDCP are clear; however, some products) would be required to submit determined to be not ‘‘significant’’ provisions allow for agency discretion, FCOs within 30 days of every shipment, under Executive Order 12866. NMFS either in implementing or interpreting as opposed to within 30 days of a prepared a Regulatory Impact Review the intent of the resolution. These request by the Southwest Regional (RIR)/Initial Regulatory Flexibility discretionary areas provided the basis Administrator. These revisions would Analysis (IRFA), included as Appendix for this third alternative. be made in § 216.93(f)(2). A to the Environmental Assessment NMFS rejected the ‘‘no action’’ NMFS would add a requirement that (EA) prepared on the proposed alternative because it would not restrict wholesalers and distributors maintain regulations. The EA, including the RIR/ annual participation by U.S. flag purse records related to the shipment of tuna, IRFA, is available at the following seine vessels in the fishery and would including the FCO, required website: http://swr.nmfs.noaa.gov. not implement needed prohibitions or certifications, invoices, and other refine tuna tracking procedures. Under import documents under the authority Regulatory Flexibility Act the ‘‘no action’’ alternative, the United of paragraph (f) of the DPCIA (16 U.S.C. Pursuant to procedures established to States would not be fulfilling its 1385(f)). The revised § 216.93(f) would implement the Regulatory Flexibility obligations under the IATTC and require any ‘‘wholesaler/distributor’’ to Act (5 U.S.C. 601 et seq.), NMFS Agreement on the IDCP; adopting this comply with the record maintenance, prepared an RIR/IRFA, included as alternative would provide a precedent

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63127

for other nations to ignore future would result in 1 or 2 eligible U.S. purse comments to Jeremy Rusin, NMFS (see international recommendations. seine vessels being excluded from ADDRESSES). NMFS chose the ‘‘preferred participating in the ETP tuna fishery if Paperwork Reduction Act alternative,’’ which includes a the current level of interest in the combination of procedures to restrict fishery is maintained. This proposed rule contains new domestic fleet capacity, updates to the Updates to the tuna tracking and collection-of-information requirements domestic tuna tracking and verification verification program; prohibitions subject to the Paperwork Reduction Act program, prohibitions against interfering against commerce in tuna or tuna (PRA), which appears in § 216.93(f) of with enforcement activities, and products bearing a label or mark that this proposed rule. Wholesalers/ prohibitions against using a label on refers to dolphins, porpoises, or marine distributors are included in the list of tuna products that refers to dolphins or mammals if the label or mark does not entities required to produce records other marine mammals when the label comply with the labeling and marking relative to tracking and verification of does not comply with the requirements requirements of 16 U.S.C. 1385(d); and tuna to the Administrator, Southwest of the DPCIA. The ‘‘preferred prohibitions against activities that Region. This added collection-of- alternative’’ is expected to have minimal undermine the implementation and information requirement was approved impacts on the U.S. purse seine fishing enforcement of the MMPA, IDCPA and by the Office of Management and fleet and associated businesses. DPCIA are not expected to significantly Budget (OMB) on February 6, 2003, NMFS also considered but rejected impact small business entities. While under control number 0648–0387. The the third alternative which included the proposed changes are expected to public reporting burden for this taking independent action to address result in some new or increased burdens collection is estimated to average 30 tuna conservation (e.g., quota, area to small businesses, the experience of minutes for a wholesaler/distributor to closures, or other variations of the the Tuna Tracking and Verification produce records. Notwithstanding any other provision preferred alternative) because these Program indicates that the proposed of the law, no person is required to approaches fail to address the potential change would ensure NMFS’ continued respond to, nor will any person be for fleet capacity growth. Further, the ability to verify the dolphin-safe status subject to a penalty for failure to comply United States does not have of tuna. independent sources of information that with, a collection of information subject The preferred alternative is not would provide a sufficiently sound to the requirements of the PRA, unless expected to have a significant economic approach to support a departure from that collection of information displays a impact on the U.S. tuna purse seine fleet recommendations of the IATTC member currently valid OMB control number. operating in the ETP. The only small nations and Parties to the Agreement on The preceding public reporting business entities which would the IDCP. burden estimates for collections of The IRFA indicates, with only 1–2 potentially be affected by this proposed information include time for reviewing exceptions, that tuna landings of small rule would be 1–2 small purse seine instructions, searching existing data purse seine vessels (i.e., vessels less vessels which target tuna in the ETP on sources, gathering and maintaining the than 400 st carrying capacity and a full-time basis. These actions are not data needed, and completing and classified as small business entities) do expected to compromise the ability of reviewing the collection of information. not comprise a significant percentage of these small vessels to target tuna or Comments regarding the burden-hour the total landings of small purse seine reduce their retained catch or sales estimates or other aspects of the vessels. Therefore, these vessels would revenue. Similarly, there would be no collection-of-information requirements be exempt from being categorized as impacts on processors, nor would total contained in this proposed rule may be active on the Vessel Register or paying employment be affected by this action. submitted in writing to Jeremy Rusin, associated annual vessel assessments in While this alternative would NMFS (See ADDRESSES), or to David order to purse seine for tuna when they implement capacity controls for the Rostker, OMB, by e-mail at David- are seasonally available. The 1–2 small fleet, the proposed limit, 8,969 mt, is [email protected] or by fax to 202– vessels that have historically targeted consistent with the recent level of 395–7285. tuna on a full-time basis, as well as large interest and participation in the fishery tuna purse seine vessels (in excess of by U.S. vessels. This alternative would Endangered Species Act 400 st carrying capacity), would be also exempt smaller fishing entities that NMFS prepared a Biological Opinion required to be listed as active on the do not target tuna on a full-time basis for the interim final rule to implement Vessel Register and pay associated from paying annual vessel assessments. the IDCPA in December 1999, annual vessel assessments in order to Considering their access to fishing concluding that fishing activities fish for tuna in future years. grounds in the western Pacific Ocean, conducted under the interim final rule The annual capacity limit of 8,969 mt vessels in excess of 400 st carrying are not likely to jeopardize the that would be imposed on the U.S. tuna capacity in the U.S. tuna purse seine continued existence of any endangered purse seine fleet as a result of this action fleet are expected to have sufficient or threatened species under the is expected to accommodate the flexibility to target tuna where and jurisdiction of NMFS or result in the majority of interested vessels based on when they are seasonably available. destruction or adverse modification of vessel participation in the fishery in Foreign purse seine fleets, as well as critical habitat. NMFS is unaware of any recent years, including the 1–2 small domestic and international tuna new information that would indicate purse seine vessels that target tuna on processors, are not expected to be this proposed action may affect listed a full-time basis. In 2004, owners significantly adversely affected by species in a manner or to an extent not expressed an interest to have an implementation of this alternative, due previously considered, nor do the additional 2 vessels in excess of 400 st to the global nature of tuna supply and proposed regulations modify the fishery carrying capacity categorized as active, pricing. in a manner that causes an effect to which would have totaled NMFS is requesting comments on the listed species not previously considered approximately 11,500 mt in fleet IRFA. The EA, including the RIR/IRFA, in the Biological Opinion. Therefore, capacity. Therefore, implementing the is available at the following website: NMFS has determined that the fleet capacity limit through this rule http://swr.nmfs.noaa.gov. Send conclusions and incidental take

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63128 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

statement of the Biological Opinion seizure in connection with enforcement permit. The Assistant Administrator remain valid and reinitiation of of the MMPA, DPCIA, or IDCPA. may change the amount of this fee consultation is not required. NMFS (b) Interfere with, delay, or prevent by required at any time if a different fee is continues to monitor annual sea turtle any means the apprehension of another determined in accordance with the takes and mortalities in the U.S. tuna person, knowing that such person has NOAA Finance Handbook and specified purse seine fishery operating in the ETP committed any act prohibited by the by the Administrator, Southwest to ensure that levels are within those MMPA. Region, on the application form. (c) Resist a lawful arrest for any act analyzed in the Biological Opinion and * * * * * authorized in the amended Incidental prohibited under the MMPA. Take Statement. (d) Make any false statement, oral or (iii) Observer placement fee. (A) The written, to an authorized officer owner or managing owner of a vessel for National Environmental Policy Act concerning any act under the which a DML has been requested must NMFS prepared a draft Environmental jurisdiction of the MMPA, DPCIA, submit the observer placement fee, as Assessment (EA) on these proposed IDCPA, or attempt to do any of the established by the IATTC or other regulations. A copy of the draft EA is above. approved observer program, to the available at: http://swr.nmfs.noaa.gov. (e) Interfere with, obstruct, delay, or Administrator, Southwest Region, no Dated: October 20, 2004. prevent by any means an investigation, later than September 15 of the year prior search, seizure, or disposition of seized to the calendar year for which the DML John Oliver, property in connection with was requested. Payment of the observer Deputy Assistant Administrator for enforcement of the MMPA, DPCIA, or placement fee must be consistent with Operations, National Marine Fisheries Service. IDCPA. the fee for active status on the Vessel 4. Section 216.24 is amended by Register under § 300.22(b)(4) of this List of Subjects revising paragraphs (b)(4), (b)(6)(i), title. (b)(6)(iii), (f)(3), (f)(3)(ii)–(f)(3)(iv), 50 CFR Part 216 (B) The owner or managing owner of (f)(4)(xi), (f)(4)(xiv) and (f)(12) to read as a vessel for which a DML has not been Fish, Marine mammals, Reporting and follows: recordkeeping requirements. requested, but that is listed on the § 216.24 Taking and related acts incidental Vessel Register, as defined in § 300.21 of 50 CFR Part 300 to commercial fishing operations by tuna this title, must submit payment of the International fisheries regulations; purse seine vessels in the eastern tropical observer placement fee, as established Pacific tuna fisheries. Pacific Ocean. by the IATTC or other approved For the reasons set out in the * * * * * observer program, to the Administrator, preamble, NMFS proposes to amend 50 (b) * * * Southwest Region, no later than CFR parts 216 and 300 as follows: (4) Application for vessel permit. The November 30 of the year prior to the owner or managing owner of a purse calendar year in which the vessel will PART 216—REGULATIONS seine vessel may apply for a permit from be listed on the Vessel Register. GOVERNING THE TAKING AND the Administrator, Southwest Region, Payment of the observer placement fee IMPORTING OF MARINE MAMMALS allowing at least 15 days for processing. must be consistent with the vessel=s All vessel permit applications must be status, either active or inactive, on the 1. The authority citation for part 216 faxed to (562) 980–4027. An owner or continues to read as follows: Vessel Register in § 300.22(b)(4) of this managing owner requesting to have a title. Authority: 16 U.S.C. 1361 et seq., unless vessel in excess of 400 st (362.8 mt) (C) The owner or managing owner of otherwise noted. carrying capacity for which a DML was a purse seine vessel that is licensed 2. In § 216.3 the definition for requested categorized as active on the ‘‘Fisheries Certificate of Origin’’ is Vessel Register under § 300.22(b)(4)(i) of under the South Pacific Tuna Treaty revised and a definition for ‘‘South this title must submit to the must submit the observer placement fee, Pacific Tuna Treaty’’ is added to read as Administrator, Southwest Region, the as established by the IATTC or other follows: vessel permit application, payment of approved observer program, to the Administrator, Southwest Region, prior § 216.3 Definitions. the observer placement fee under paragraph (b)(6)(iii) of this section and to obtaining an observer and entering * * * * * the ETP to fish. Consistent with Fisheries Certificate of Origin or FCO, payment of the vessel permit application processing fee no later than § 300.22(b)(1)(i) of this title, this class of means NOAA Form 370, as described in purse seine vessels is not required to be § 216.24(f)(4). September 15 of the year prior to the year for which the DML was requested. listed on the Vessel Register under * * * * * The owner or managing owner of a § 300.22(b)(4) of this title in order to South Pacific Tuna Treaty means the purse seine for tuna in the ETP during Treaty on Fisheries Between the vessel in excess of 400 st (362.8 mt) carrying capacity not requesting a DML a single fishing trip per calendar year of Governments of Certain Pacific Island 90 days or less. Payment of the observer States and the Government of the must submit the vessel permit application, payment of the observer placement fee must be consistent with United States of America (50 CFR part the fee for active status on the Vessel 300, subpart D). placement fee, and payment of the vessel permit application processing fee Register under § 300.22(b)(4) of this * * * * * no later than November 30 of the year title. 3. A new § 216.17 is added to subpart prior to the year for which the vessel (D) The owner or managing owner of B to read as follows: permit was requested. An application a purse seine vessel listed as inactive on § 216.17 General prohibitions. must contain: the Vessel Register at the beginning of It is unlawful for any person to: * * * * * the calendar year and who requests to (a) Assault, resist, oppose, impede, (6) * * * replace a vessel removed from active intimidate, threaten, or interfere with (i) Vessel permit application fees. status on the Vessel Register under any authorized officer in the conduct of Payment of the permit application fee is § 300.22(b)(4) of this title during the any search, inspection, investigation or required before NMFS will issue a year, must pay the observer placement

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63129

fee associated with active status less the Copies of the documents may also be § 216.93 Tracking and verification observer placement fee associated with submitted via mail either on compact program. inactive status that was already paid disc or as hard copies. All electronic * * * * * before NMFS will request the IATTC submissions, whether via FTP or on (c) * * * Secretariat change the status of the compact disc, must be in either Adobe (5) * * * vessel from inactive to active. Portable Document Format (PDF) or as (v) TTFs are confidential documents (E) The owner or managing owner of an image file embedded in a Microsoft of the IDCP. Vessel captains and a purse seine vessel not listed on the Word, Microsoft PowerPoint, or Corel managing offices may not provide Vessel Register at the beginning of the WordPerfect file. copies of TTFs to any representatives of calendar year and who requests to (iii) FCOs that accompany imported private organizations or non-member replace a vessel removed from active shipments of tuna destined for further states. status on the Vessel Register under processing in the United States must be * * * * * § 300.22(b)(4) of this title during the endorsed at each change in ownership (e) Tracking imports. All tuna year, must pay the observer placement and submitted to the Administrator, products, except fresh tuna, that are fee associated with active status before Southwest Region, by the last endorser imported into the United States must be NMFS will request the IATTC when all required endorsements are accompanied by a properly certified Secretariat change the status of the completed. FCO as required by § 216.24(f)(2). For vessel to active. (iv) Importers and exporters are tuna tracking purposes, copies of FCOs (F) Payments received after the dates required to retain their records, and associated certifications must be specified in paragraphs (b) (6) (iii)(A) or including FCOs, import or export submitted by the importer of record to (B) of this section will be subject to a 10 documents, invoices, and bills of lading the Administrator, Southwest Region, percent surcharge. The Administrator, for 2 years, and such records must be within 30 days of the shipment’s entry Southwest Region, will forward all made available within 30 days of a into the commerce of the United States observer placement fees described in request by the Secretary or the as required by § 216.24(f)(3)(ii). this section to the IATTC or to the Administrator, Southwest Region. (f) Verification requirements—(1) applicable organization approved by the Record maintenance. Any exporter, Administrator, Southwest Region. (4) * * * (xi) the name of the harvesting vessel; transshipper, importer, processor, or * * * * * wholesaler/distributor of any tuna or * * * * * (f) * * * tuna products must maintain records * * * * * (xiv) Each additional importer, related to that tuna for at least 2 years. (3) Disposition of Fisheries exporter, or processor who takes These records include, but are not Certificates of Origin. The FCO custody of the shipment must sign and limited to: FCO and required described in paragraph (f)(4) of this date the form to certify that the form certifications, any report required in section may be obtained from the and attached documentation accurately paragraphs (a), (b) and (d) of this Administrator, Southwest Region, or describes the shipment of fish that they section, invoices, other import downloaded from the Internet at http:/ accompany. documents, and trip reports. /swr.nmfs.noaa.gov/noaa370.htm. * * * * * (2) Record submission. Within 30 (i) * * * (12) Market rohibitions. (i) It is days of receiving a shipment of tuna or (ii) FCOs and associated certifications, unlawful for any person to sell, tuna products, any exporter, if any, that accompany imported purchase, offer for sale, transport, or transshipper, importer, processor, shipments of tuna must be submitted by ship in the United States, any tuna or wholesaler/distributor of tuna or tuna the importer of record to the Tuna tuna products unless the tuna products products must submit to the Tracking and Verification Program, are either: Administrator, Southwest Region, all Southwest Region, within 30 days of the (A) Dolphin-safe under subpart H of corresponding FCOs and required shipment’s entry into the commerce of this part; or certifications for those tuna or tuna the United States. Copies of the (B) Harvested in compliance with the products. documents may be submitted IDCP by vessels under the jurisdiction (3) Audits and spot-checks. Upon electronically using a secure file transfer of a nation that is a member of the request of the Administrator, Southwest protocol (FTP) site. Importers of record IATTC or has initiated, and within 6 Region, any exporter, transshipper, interested in submitting FCOs and months thereafter completes, all steps importer, processor, or wholesaler/ associated certifications via FTP may required by an applicant nation to distributor of tuna or tuna products contact a representative of the Tuna become a member of the IATTC. must provide the Administrator, Tracking and Verification Program at Southwest Region, timely access to all (ii) It is unlawful for any exporter, the following email address: pertinent records and facilities to allow transshipper, importer, processor, or [email protected]. The Tuna for audits and spot-checks on caught, wholesaler/distributor to possess, sell, Tracking and Verification Program will landed, stored, and processed tuna. purchase, offer for sale, transport, or facilitate secure transfer and protection * * * * * of certifications by assigning a separate ship in the United States, any tuna or tuna products bearing a label or mark electronic folder for each importer. PART 300—INTERNATIONAL that refers to dolphins, porpoises, or Access to the electronic folder will FISHERIES REGULATIONS require a user identification and marine mammals unless the label or password. The Tuna Tracking and mark complies with the requirements of 1. The authority citation for part 300 Verification Program will assign each 16 U.S.C. 1385(d). continues to read as follows: importer a unique user identification * * * * * Authority: 16 U.S.C. 951–961 and 971 et and password. Safeguarding the 5. In § 216.93, the section heading and seq., unless otherwise noted. confidentiality of the user identification paragraphs are amended by revising 2. In § 300.21 definitions for ‘‘South and password is the responsibility of the paragraphs (c)(5)(v), (e) and (f) to read Pacific Tuna Treaty’’ and ‘‘Vessel importer to whom they are assigned. as follows: Register’’ are added to read as follows:

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63130 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

§ 300.21 Definitions. Regional Administrator to conform to unless the captain of the vessel has * * * * * IATTC actions relative to the Vessel obtained a valid operator permit under South Pacific Tuna Treaty means the Register. This information initially § 216.24(b)(2) of this title; Treaty on Fisheries Between the includes, but is not limited to, vessel (C) For 2005 only, requests for vessels Governments of Certain Pacific Island name and registration number; a will be prioritized on a first-come, first- States and the Government of the photograph of the vessel with the served basis according to the date and United States of America (50 CFR part registration number showing and time the fax is received in the office of 300, Subpart D). legible; vessel length, beam and the Regional Administrator; * * * * * moulded depth; gross tonnage and hold (D) Requests for active status for 2006 Vessel Register means the regional capacity in cubic meters and tonnage; and subsequent years will be prioritized register of vessels authorized to purse engine horsepower; date and place according to the following hierarchy: seine for tuna in the Convention Area, where built; and type of fishing method (1) Requests received for vessels that as established by the Inter-American or methods used. were categorized as active in the Tropical Tuna Commission on June 28, (4) Vessel Register status. In each previous year, beginning with the 2002. calendar year, for a vessel to be vessel’s status in 2005, unless the 3. Section 300.22 is amended by categorized as either ‘‘active’’ or request for active status was determined revising paragraph (b) to read as follows: ‘‘inactive’’ on the Vessel Register, the to be frivolous by the Regional vessel owner or managing owner must Administrator under paragraph (b)(4)(ii) § 300.22 Yellowfin tuna—Recordkeeping pay the associated observer placement of this section; and written reports. fee pursuant to § 216.24(b)(6)(iii) of this (2) Requests received for vessels that * * * * * title, or the vessel will be removed from were categorized as inactive under (b) Vessel register. Except as provided the Vessel Register by the Regional paragraph (b)(4)(iii) of this section in the under paragraph (b)(1) of this section, Administrator for that year. previous year, beginning with the vessels must be listed on the Vessel (i) Active status. As early as August 1 vessel’s status in 2005; Register and categorized as active under of each year, vessel owners or managing (3) Requests for vessels not described paragraph (b)(4)(i) of this section in owners may submit to the Regional in paragraphs (b)(4)(D)(1) or (2) of this order to purse seine for tuna in the Administrator a vessel permit section will be prioritized on a first- Convention Area. application and payment of the permit come, first-served basis according to the (1) Exceptions. The following classes application fee and observer placement date and time stamp printed by the of vessels are exempted from being fee for each vessel in excess of 400 st incoming fax machine upon receipt, listed on the Vessel Register to purse (362.8 mt) carrying capacity qualified to provided that the associated observer seine for tuna in the Convention Area: be listed on the Vessel Register under placement fee is paid by the applicable (i) Vessels licensed under the South paragraph (b)(2) of this section to have deadline described in § 216.24(b)(6)(iii) Pacific Tuna Treaty that exercise an a vessel categorized as active for the of this title; and option to fish in the Convention Area following calendar year. Vessel permit (4) Requests received from owners or for a single trip each year, provided that applications may not be submitted via managing owners of vessels that were the total number of optional trips does regular mail; they must be faxed to (562) determined, by the Regional not exceed 32 in a given calendar year. 980–4027. Owners or managing owners Administrator, to have made a frivolous Each optional trip in the Convention of vessels of 400 st (362.8 mt) carrying request for active status, under Area may not exceed 90 days in capacity or less must only submit paragraph (b)(4)(ii) of this section. duration. payment of the observer placement fee (ii) Frivolous requests for active (ii) Vessels of less than 400 st (362.8 associated with active status in order to status. Beginning with requests made for mt) carrying capacity for which landings request a small purse seine vessel be 2005, a request for active status under of tuna caught in the Convention Area categorized as active for the following paragraph (b)(4)(i) of this section will be comprise 50 percent or less of the calendar year. The Regional considered frivolous, unless as a result vessel’s total landings, by weight, for a Administrator must receive the faxed of force majeure or other extraordinary given calendar year. vessel permit application and payment circumstances as determined by the (2) Requirements for inclusion on the of the observer placement fee and Regional Administrator, if, for a vessel vessel register. The Vessel Register shall permit application processing fee no categorized as active in a given calendar include, consistent with IATTC actions, later than September 15 for vessels for year, less than 20 percent of the vessel’s only vessels that fished in the which a DML was requested for the total landings, by weight, in that same Convention Area prior to the creation of following year and no later than year is comprised of tuna harvested by the Vessel Register on June 28, 2002. November 30 for vessels for which a purse seine in the Convention Area. New vessels may be added to the Vessel DML was not requested for the (iii) Inactive status. From August 1 Register at any time to replace those following year. Submission of the vessel through November 30 of each year, previously removed by the Regional permit application and payment of the vessel owners or managing owners may Administrator, provided that the total observer placement fee and permit request that vessels qualified to be listed capacity of the replacement vessel or application processing fee will be on the Vessel Register under paragraph vessels does not exceed that of the interpreted by the Regional (b)(2) of this section be categorized as vessel or vessels being replaced. Administrator as a request for a vessel inactive for the following calendar year (3) Vessel information. The owner of to be categorized as active. The by submitting to the Regional any fishing vessel that uses purse seine, following restrictions apply to active Administrator payment of the associated longline, drift gillnet, harpoon, or troll status: observer placement fees. Payment of the fishing gear to harvest tuna in the (A) The cumulative carrying capacity observer placement fee consistent with Convention Area for sale or a person of all vessels categorized as active on inactive status will be interpreted by the authorized in writing to serve as agent the Vessel Register may not exceed Regional Administrator as a request for for the owner must provide such 8,969 mt in a given year; the vessel to be categorized as inactive. information about the vessel and its (B) A vessel may not be added to (5) Removal from the Vessel Register. characteristics as requested by the active status on the Vessel Register A vessel may be removed from the

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63131

Vessel Register by the Regional owner of the vessel pays the observer carrying capacity or less may request a Administrator: placement fee associated with inactive vessel be categorized as active to replace (i) If the vessel has sunk; status. a vessel removed from the Vessel (ii) Upon written request by the (ii) A vessel may be added to the Register by submitting payment of the vessel’s owner or managing owner; Vessel Register and categorized as active observer placement fee to the Regional (iii) If the vessel owner or managing in order to replace a vessel removed Administrator. owner does not pay the observer from active status under paragraph (v) The owner or managing owner of placement fee associated with the (b)(5) of this section, provided the total a purse seine vessel in excess of 400 st vessel’s active or inactive status on the carrying capacity of active vessels does (362.8 mt) carrying capacity may request Vessel Register for a given calendar not exceed 8,969 mt and the owner a vessel be categorized as active to year; submits a complete request under replace a vessel removed from the (iv) If the vessel owner or managing paragraph (b)(6)(iv) of this section. Vessel Register by submitting the owner does not submit, within the following items to the Regional allotted time, a vessel permit (iii) After a vessel categorized as active is removed from the Vessel Administrator: application and permit processing fee; (A) Payment of the observer (v) If the United States Coast Guard Register the Regional Administrator will placement fee; notifies NMFS that the U.S. notify owners or managing owners of (B) A vessel permit application faxed documentation for the vessel has been vessels categorized as inactive that to (562) 980–4027; deleted; or replacement capacity is available on the (vi) For serious violations, for failure active list of the Vessel Register. In the (C) Payment of the permit application to pay a penalty, or for default on a event that owners of inactive vessels do processing fee; and penalty payment agreement. not request to replace a removed vessel, (D) Verification that the captain of the (6) Procedures for replacing vessels the Regional Administrator will notify vessel possesses a valid operator permit. removed from the Vessel Register. (i) A owners of vessels eligible for, but not (vi) The Regional Administrator will vessel previously listed on the Vessel included on, the Vessel Register that forward requests to replace vessels Register, but removed for a given year or replacement capacity is available on the removed from the Vessel Register within years, may be added back to the Vessel active list of the Vessel Register. 15 days of receiving each request. Register and categorized as inactive at (iv) The owner or managing owner of [FR Doc. 04–24008 Filed 10–28–04; 8:45 am] any time during the year, provided the a purse seine vessel of 400 st (362.8 mt) BILLING CODE 3510–22–S

VerDate jul<14>2003 15:55 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1 63132

Notices Federal Register Vol. 69, No. 209

Friday, October 29, 2004

This section of the FEDERAL REGISTER quality, condition, quantity, grade and Grade ‘‘B’’, slices, and diced, style contains documents other than rules or packaging and recommend and canned pears by including the proposed rules that are applicable to the demonstrate such standards in order to following: ‘‘the units are reasonably public. Notices of hearings and investigations, encourage uniformity and consistency tender or the tenderness may be variable committee meetings, agency decisions and in commercial practices * * *.’’ AMS within the unit.’’ The current standard rulings, delegations of authority, filing of petitions and applications and agency is committed to carrying out this contains this wording for character statements of organization and functions are authority in a manner that facilitates the classifications for halves, quarters, examples of documents appearing in this marketing of agricultural commodities pieces or irregular pieces and whole section. and makes copies of official standards pears. available upon request. Those United This revision will provide a common States Standards for Grades of Fruits language for trade, a means of DEPARTMENT OF AGRICULTURE and Vegetables no longer appear in the measuring value in the marketing of Code of Federal Regulations but are canned pears, and provide guidance in Agricultural Marketing Service maintained by USDA/AMS/Fruit and the effective utilization of canned pears. [Docket No. FV–05–333] Vegetable Programs. The official grade of a lot of canned AMS is revising the U.S. Standards pears covered by these standards will be United States Standards for Grades of for Grades of Canned Pears using the determined by the procedures set forth Canned Pears procedures that appear in Part 36 of in the Regulations Governing Inspection Title 7 of the Code of Federal and Certification of Processed Products AGENCY: Agricultural Marketing Service, Regulations (7 CFR Part 36). Thereof, and Certain Other Processed USDA. Proposed by the Petitioner Food Products (§ 52.1 to 52.83). ACTION: Notice. The U.S. Standards for Grades of AMS received two petitions, one from Canned Pears will become effective 30 SUMMARY: The Agricultural Marketing a grower cooperative and the other from days after publication of this notice in Service (AMS) of the Department of a processor, requesting the revision of the Federal Register. Agriculture (USDA) is revising the the United States Standards for Grades United States Standards for Grades of of Canned Pears. The standards are Authority: 7 U.S.C. 1621–1627. Canned Pears. AMS received two established under the authority of the Dated: October 25, 2004. petitions, one from a grower Agricultural Marketing Act of 1946 (7 A.J. Yates, cooperative, the other from a processor, U.S.C. 1621–1627). The petitioners Administrator, Agricultural Marketing requesting that USDA change the represent growers from Washington Service. character classification for Grade ‘‘B’’, State, Oregon and parts of California. [FR Doc. 04–24161 Filed 10–28–04; 8:45 am] slices, and diced, to read ‘‘the units are The petitioners are requesting that BILLING CODE 3410–02–P reasonably tender or tenderness may be USDA change the character variable within the unit.’’ This change classification for Grade ‘‘B’’, slices, and was requested by the industry in order diced, canned pears. The petitioners DEPARTMENT OF AGRICULTURE to bring the standards for canned pears believe the change in the standard will in line with the present quality levels improve the economic position of Agricultural Marketing Service being marketed today and provide domestic growers of pears. guidance in the effective utilization of Prior to undertaking research and [Docket No. FV–04–302] canned pears. other work associated with revising the grade standards, AMS decided to seek EFFECTIVE DATE: November 29, 2004. United States Standards for Grades of public comments on the petition. A Sweet Potatoes FOR FURTHER INFORMATION CONTACT: notice requesting comments on the Karen L. Kaufman, Processed Products petition to revise the United States AGENCY: Agricultural Marketing Service, Branch, Fruit and Vegetable Programs, Standards for Grades of Canned Pears USDA. Agricultural Marketing Service, U.S. was published in the January 21, 2004, ACTION: Notice; request for public Department of Agriculture, STOP 0247, Federal Register (69 FR 2885). A second comment. 1400 Independence Avenue SW., notice was published in the July 21, Washington, DC 20250–0247; fax (202) 2004, Federal Register (69 FR 139) SUMMARY: The Agricultural Marketing 690–1087 or e-mail at based on comments received from the Service (AMS) of the Department of [email protected]. The final first notice. AMS received one comment Agriculture (USDA) is soliciting United States Standards for Grades of in response to the second notice. The comments on it’s proposal to revise the Canned Pears, will be available either comment favored the revision to the United States Standards for Grades of through the address cited above or by standard. These comments are available Sweet Potatoes. USDA has received a accessing the AMS Home Page on the by accessing AMS’s Home Page on the request from several industry groups to Web at ‘‘http://www.ams.usda.gov/ Internet at: http://www.ams.usda.gov/fv/ add a new grade to the standards, U.S. standards/frutcan.htm.’’ ppb.html. No. 1 Petite. The change being proposed SUPPLEMENTARY INFORMATION: Section Based on the comments, AMS is would allow the packing and shipping 203(c) of the Agricultural Marketing Act revising the standard for canned pears of smaller size sweet potatoes under the of 1946, as amended, directs and following the standard format for U.S. U.S. standards, thereby, improving the authorizes the Secretary of Agriculture Grade Standards. The revision will usefulness of the standards in serving ‘‘to develop and improve standards of change the character classification for the industry.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63133

DATES: Comments must be received by inches, a minimum length of 3 inches 1400 Independence Ave. SW., Room December 28, 2004. and a maximum length of 7 inches. 1661 South Building, Stop 0240, ADDRESSES: Interested persons are These industry groups stated this new Washington, DC 20250–0240; Fax (202) invited to submit written comments to grade would aid in the marketing of 720–8871, E-mail the Standardization Section, Fresh smaller size sweet potatoes as the U.S. [email protected]. Comments Products Branch, Fruit and Vegetable standards currently require sweet should make reference to the dates and Programs, Agricultural Marketing potatoes to be a larger size in order to page number of this issue of the Federal Service, U.S. Department of Agriculture, meet a grade. Therefore, the addition of Register and will be made available for 1400 Independence Ave. SW., Room the U.S. No. 1 Petite grade to the public inspection in the above office 1661 South Building, Stop 0240, standards would improve its usefulness during regular business hours. The Washington, DC 20250–0240; Fax (202) in serving the industry. United States Standards for Grades of 720–8871, E-mail The official grade of a lot of sweet Watermelons is available either through [email protected]. Comments potatoes covered by these standards will the address cited above or by accessing should make reference to the dates and be determined by the procedures set the AMS Home Page on the Web at page number of this issue of the Federal forth in the Regulations Governing http://www.ams.usda.gov/fv/ Register and will be made available for Inspection, Certification, and Standards fvstand.htm. public inspection in the above office of Fresh Fruits, Vegetables and Other FOR FURTHER INFORMATION CONTACT: during regular business hours. Products (§§ 51.1 to 51.61). David L. Priester, at the above address FOR FURTHER INFORMATION CONTACT: This notice provides for a 60-day or call (202) 720–2185; E-mail David L. Priester, at the above address comment period for interested parties to [email protected]. comment on changes to the standard. or call (202) 720–2185; E-mail SUPPLEMENTARY INFORMATION: Section [email protected]. Authority: 7 U.S.C. 1621–1627. 203(c) of the Agricultural Marketing Act SUPPLEMENTARY INFORMATION: Section Dated: October 25, 2004. of 1946 (7 U.S.C. 1621–1627), as 203(c) of the Agricultural Marketing Act A.J. Yates, amended, directs and authorizes the of 1946 (7 U.S.C. 1621–1627), as Administrator, Agricultural Marketing Secretary of Agriculture ‘‘to develop and amended, directs and authorizes the Service. improve standards of quality, condition, Secretary of Agriculture ‘‘to develop and [FR Doc. 04–24163 Filed 10–28–04; 8:45 am] quantity, grade and packaging and improve standards of quality, condition, BILLING CODE 3410–02–P recommend and demonstrate such quantity, grade and packaging and standards in order to encourage recommend and demonstrate such uniformity and consistency in standards in order to encourage DEPARTMENT OF AGRICULTURE commercial practices * * *.’’ AMS is uniformity and consistency in committed to carrying out this authority commercial practices * * *.’’ AMS is Agricultural Marketing Service in a manner that facilitates the committed to carrying out this authority [Docket No. FV–04–306] marketing of agricultural commodities in a manner that facilitates the and makes copies of official standards marketing of agricultural commodities United States Standards for Grades of available upon request. The United and makes copies of official standards Watermelons States Standards for Grades of Fruits available upon request. The United and Vegetables not connected with AGENCY: States Standards for Grades of Fruits Agricultural Marketing Service, Federal Marketing Orders or U.S. Import and Vegetables not connected with USDA. Requirements, no longer appear in the Federal Marketing Orders or U.S. Import ACTION: Notice; request for public Code of Federal Regulations, but are Requirements, no longer appear in the comment. maintained by USDA/AMS/Fruit and Code of Federal Regulations, but are SUMMARY: The Agricultural Marketing Vegetable Programs. maintained by USDA/AMS/Fruit and AMS is proposing to revise the Service (AMS), of the Department of Vegetable Programs. voluntary United States Standards for Agriculture is soliciting comments on AMS is proposing to revise the Grades of Watermelons using the proposal to revise the United States voluntary U.S. Standards for Grades of procedures that appear in part 36 Title Standards for Grades of Watermelons. Sweet Potatoes using procedures that 7 of the Code of Federal Regulations (7 AMS has received a petition from the appear in part 36 Title 7 of the Code of CFR part 36). These standards were last National Watermelon Association Federal Regulations (7 CFR part 36). revised in 1978. (NWA), requesting a definition for These standards were last revised in seedless watermelons be added to the 1963. Background standards. Additionally, the petition AMS received a petition from the Background included a request to add a variance to NWA requesting a revision to the On December 10, 2003, AMS the size requirements. This change was United States Standards for Grades of published a notice soliciting comments requested by the industry in order to Watermelons. The standards are on a possible revision to the United bring the standards for watermelons in established under the authority of the States Standards for Grades of Sweet line with current marketing practices, Agricultural Marketing Act of 1946 (7 Potatoes. As a result, AMS received five thereby, improving the usefulness of the U.S.C. 1621–1627). The petitioner comments from industry groups standards in serving the industry. represents watermelon growers and requesting the addition of a new grade DATES: Comments must be received by distributors from 30 states as well as entitled U.S. No. 1 Petite, with the same December 28, 2004. Canada and Mexico. requirements as the U.S. No. 1 grade ADDRESSES: Interested persons are The petitioner is requesting that currently in the standard, except for the invited to submit written comments to USDA add the following definition: size requirements. The request specified the Standardization Section, Fresh ‘‘Seedless Watermelons’’ are that the size requirements for the U.S. Products Branch, Fruit and Vegetable watermelons which have 16 or less No. 1 Petite be: A minimum diameter of Programs, Agricultural Marketing mature seeds, not to include pips/ 11⁄2 inches, a maximum diameter of 21⁄4 Service, U.S. Department of Agriculture, caplets, on the face of the melon which

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63134 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

has been cut into four equal sections standards will be determined by the I. Background (one lengthwise cut and one crosswise procedures set forth in the Regulations Section 32 of the Agricultural Act of cut). Additionally, the petitioner is Governing Inspection, Certification, and August 24, 1935, allows the Secretary of requesting the size requirements be Standards of Fresh Fruits, Vegetables Agriculture to make payments to restore revised. Currently the size requirements and Other Products (§§ 51.1 to 51.61). producers’ purchasing power. This state, ‘‘When the size of the This notice provides for a 60-day authority has been used in the past to watermelons is stated in terms of comment period for interested parties to provide assistance to producers in average weight, unless otherwise comment on changes to the standards. response to unusual market conditions specified, the melons in any lot Authority: 7 U.S.C. 1621–1627. that adversely affected producers. averaging less than 30 pounds (13.6 Dated: October 25, 2004. Similarly, the widespread and kgs.) shall not vary more than 3 pounds significant destruction that resulted in A.J. Yates, (1.4 kgs.) below the stated average, and Florida from Hurricanes Charley, the melons in any lot averaging 30 Administrator, Agricultural Marketing Frances, and Jeanne has adversely Service. pounds (13.6 kgs.) or more shall not affected the purchasing power of certain vary more than 5 pounds (2.3 kgs.) [FR Doc. 04–24162 Filed 10–28–04; 8:45 am] producers of agricultural commodities below the stated average.’’ The BILLING CODE 3410–02–P in those counties listed in the summary petitioner is requesting the size paragraph of this notice. Accordingly, requirements be revised to allow for the Secretary of Agriculture has DEPARTMENT OF AGRICULTURE watermelons to vary 3 pounds above or determined that assistance is below the average. Therefore, the size Farm Service Agency appropriate under this authority, in requirements would state, ‘‘When the these counties, for producers of crops of size of the watermelons is stated in Florida Citrus, Fruit, Vegetable, and citrus, nursery, vegetables, fruits and terms of average weight, unless Nursery Crop Disaster Programs selected tropical fruits. Payment rates otherwise specified, the melons in any under each program will be as lot averaging less than 30 pounds (13.6 AGENCY: Farm Service Agency, USDA. announced by FSA. kgs.) shall not vary more than 3 pounds ACTION: Notice of program (1.4 kgs.) above or below the stated implementation. Notice and Comment average, and the melons in any lot Because of the need to provide timely averaging 30 pounds (13.6 kgs.) or more SUMMARY: This notice announces the assistance to disaster affected producers, shall not vary more than 5 pounds (2.3 availability of disaster relief for this program is effective immediately kgs.) below the stated average.’’ producers of citrus, selected tropical without regard to the provisions of 5 Prior to undertaking research and fruits, vegetables, fruits and nursery U.S.C. 553 and the Statement of Policy other work associated with revision of crops located in Florida counties that of the Secretary of Agriculture dated the grade standards, AMS decided to have received a Presidential disaster July 24, 1971 (36 FR 13804). seek public comments on the petition. A declaration for Hurricanes Charley, notice requesting comments on the Frances, or Jeanne in order to Small Business Regulatory Enforcement petition to revise the United States reestablish producers’ purchasing power Fairness Act Standards for Grades of Watermelons in the following Presidentially-declared In accordance with 5 U.S.C. 808, was published in the April 22, 2004, disaster counties, and any other such because the payments provided under Federal Register (69 FR 21812). counties subsequently declared by the this notice need to be made to affected In response to our request for President: Alachua, Baker, Bay, producers as timely as possible, it was comments, AMS received one comment Bradford, Brevard, Broward, Calhoun, determined that a delay for from an industry group. The comment Charlotte, Citrus, Clay, Collier, consultation, review, and comment on was in favor of the proposed revision of Columbia, DeSoto, Dixie, Duval, this notice would be impracticable and the standards. Escambia, Flagler, Franklin, Gadsden, contrary to the public interest. Thus, Based on the submitted information, Gilchrist, Glades, Gulf, Hamilton, this notice is effective immediately. AMS is proposing to revise the Hardee, Hendry, Hernando, Highlands, Paperwork Reduction Act standards for watermelons following the Hillsborough, Holmes, Indian River, standard format for U.S. Grade Jackson, Jefferson, Lafayette, Lake, Lee, A request for emergency clearance of Standards. Specifically, the proposed Leon, Levy, Liberty, Madison, Manatee, the information collections associated revision will define seedless Marion, Martin, Miami-Dade, Monroe, with this notice was submitted to the watermelons by including the following Nassau, Okaloosa, Okeechobee, Orange, Office of Management and Budget definition: ‘‘Seedless Watermelons’’ are Osceola, Palm Beach, Pasco, Pinellas, (OMB) under 5 CFR 1320.13 (a)(2)(iii), watermelons which have 16 or less Polk, Putnam, Santa Rosa, Sarasota, and has been approved by OMB and mature seeds, not to include pips/ Seminole, St. Johns, St. Lucie, Sumter, assigned OMB control number 0560– caplets, on the face of the melon which Suwannee, Taylor, Union, Volusia, 0247. has been cut into four equal sections Wakulla, Walton, and Washington. (one lengthwise cut and one crosswise Environmental Review EFFECTIVE DATE: cut). AMS is also proposing to change October 28, 2004. Due to the weather-related disasters the size requirements by adding an FOR FURTHER INFORMATION CONTACT: requiring the Agency to provide allowance for watermelons to vary 3 Eloise Taylor, Branch Chief, Compliance immediate relief, sufficient time was not pounds above or below the stated Branch, Production, Emergencies, and available to complete an environmental average weight. Compliance Division, Farm Service review prior to implementing this This proposal will bring the standards Agency (FSA), USDA, STOP 0517, 1400 program. Therefore, an environmental for watermelons in line with current Independence Avenue, SW., assessment is being completed to marketing practices, thereby, improving Washington, DC 20250–0517; phone: consider the potential impacts of this the usefulness of the standards in (202) 720–9882; fax: (202) 720–4941; e- proposed action on the human serving the industry. The official grade mail: [email protected]. environment in accordance with the of a lot of watermelons covered by these SUPPLEMENTARY INFORMATION: provisions of the National

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63135

Environmental Policy Act of 1969 return the land to productive location band for the grove, based upon (NEPA), 42 U.S.C. 4321, et seq., the agricultural uses. Accordingly, in documentation submitted by the regulations of the Council on determining whether or not to provide producer to FSA, FSA may assign the Environmental Quality (40 CFR parts this assistance, the portion of the grove to a lower tier which represents a 1500–1508), and FSA’s regulations for payment associated with clean-up and greater level of loss and a higher compliance with NEPA at 7 CFR part rehabilitation is not subject to AGI. payment rate. 799. A copy of the draft environmental (c) The highly erodible land and (d) If the actual level of loss is less assessment will be available after wetland conservation rules in 7 CFR than the tier associated with the completion for review upon request. part 12 apply to this notice. location band for the grove, the (d) The controlled substance rules in producer shall certify to the lower loss II. Application Process 7 CFR 718 apply. level on the application and a lower Producers wishing to receive benefits payment rate will be used by FSA based must submit an application to FSA at IV. Florida Citrus Disaster Program upon the tier rate associated with the their local FSA Service Center during (a) Eligible producers are those lower loss level. the signup periods, beginning as producers who maintain groves of fruit (e) Payments will be calculated by follows: being trees of citrus types approved by multiplying the number of net acres in Florida Citrus Disaster Program— the Risk Management Agency (RMA), in each tier times the applicable payment October 5, 2004. its Florida Citrus Fruit Crop provisions, rate, as determined by FSA, times the Florida Nursery Disaster Program— and as otherwise announced by FSA. producer’s share of the loss. The October 20, 2004. Producers that had not marketed citrus number of net acres is determined by Florida Fruit and Vegetable Disaster in both 2003 and 2004 are not eligible subtracting drainage ditches, canals, and Program—October 20, 2004. for this assistance, except producers of other such land uses from the citrus Signup will end on such date as groves that will be of fruit-bearing age acres planted in the grove. announced by FSA. Applications for for 2005, but were too immature to (f) The percentages of the payment for assistance are available at local FSA produce marketable fruit in 2003 or citrus crops that are subject to the Service Centers. 2004, will be eligible for such payment limitation and AGI provisions III. Payment Limitation assistance. For the purposes of this are: notice, a grove is defined as a Tier I—55 percent (a) Consistent with the other crop contiguous acreage of the same citrus Tier II—60 percent disaster assistance programs of FSA and crop. Tier III—64 percent CCC, the total amount of payments (b) Citrus producers will be Tier IV—0 percent made under this notice that a ‘‘person’’ reimbursed on a per-acre basis for each (g) The percentages of the payment for may receive can not exceed $80,000. As eligible grove. Payment will be based on citrus crops that are not subject to the set forth in the individual descriptions the severity of destruction as payment limitation and AGI provisions of each program, payment limitation determined by the paths of the storms are: rules in 7 CFR part 1400.301 will be Tier I—45 percent and damage estimates developed by Tier II—40 percent used in applying this limit to specified FSA in cooperation with the Florida portions of the payment made under Tier III—36 percent Department of Agriculture. Estimates Tier IV—100 percent this notice. Producers who receive take into account levels of loss generally payments for citrus, fruits, vegetables, correlating to the distance from the eyes V. Florida Nursery Disaster Program tropical fruits, and/or nursery crops may of the hurricanes, the average (a) Commercial ornamental nursery receive no more than a combined production loss, tree loss and and fernery producers are eligible for $80,000 for payments subject to the rehabilitation and cleanup costs. The assistance for inventory losses for each payment limitation for any or all of the levels of damage that will determine nursery or fernery operation and clean- programs in this notice. This payment payment rates are as follows: up costs for nursery operations. For a limitation is separate and distinct from Tier I—75 percent or greater crop loss nursery to be considered a commercial all other Commodity Credit Corporation and associated tree damage. nursery, it must be certified by the State (CCC) and FSA program payment Tier II—50 to 74 percent crop loss and of Florida. Eligible producers include limitations. associated tree damage. producers of the following types of (b) Adjusted gross income (AGI) rules Tier III—35 to 49 percent crop loss nursery stock and such stock as in 7 CFR 1400.600 also apply to persons and associated tree damage. announced by FSA: receiving payments under this notice Tier IV—15 percent and greater • Deciduous shrubs, broadleaf with respect to that portion of the associated tree damage only. evergreens, coniferous evergreens, shade payment subject to the $80,000 A copy of the map showing the loss and flowering trees. limitation. Generally, these regulations tiers for citrus is available on the FSA • Stock for use as propagation in a provide that payments will not be Disaster Assistance Web site at http:// commercial ornamental nursery available for persons whose adjusted disaster.fsa.usda.gov and at FSA Service operation. gross income is $2.5 million or higher, Centers. Citrus producers who suffered • Fruit or nut seedlings grown for sale unless 75 percent or more of their citrus crop production losses and as seed stock for commercial orchard income is derived from farming, associated fruit-bearing tree damage, operations growing fruit or nuts. ranching, and forestry. These provisions including related cleanup and (b) Eligible nursery inventory does not do not apply to payments that are not rehabilitation costs, must provide to include: subject to limitation. A portion of these FSA a certified statement on an FSA • Edible varieties. payments are similar to the payments approved form of the level of • Plants produced for reforestation made under the Emergency destruction, the number of acres in the purposes or for the purpose of Conservation Program (ECP), which disaster-affected grove, and the producing a crop for which RMA does pays for losses associated with weather geographic location of the losses. not provide insurance, or for which CCC damage that materially affects (c) If the actual level of loss is greater does not provide assistance under the productive capacity and is required to than the tier associated with the Non-insured Assistance Program (NAP).

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63136 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

(c) Losses will be determined on an (2) Practice II—the producer laid paperwork by the applicable State filing individual-nursery basis. Production down new plastic, fumigated the soil, deadline. loss from one nursery will not be offset but did not put in transplants and had (d) If a producer who is required to by production from another nursery a loss or removal of more than 50 purchase crop insurance or NAP for the operated by the same applicant. percent of the plastic per acre requiring applicable year fails to do so, the Payments are calculated by multiplying the replacement of preplant inputs and producer must refund the disaster the difference between beginning and plastic; or the producer laid down new payment. ending inventory value times 25 percent plastic with 50 percent or more loss in VIII. Appeals times the producer’s share of the loss. plant population and did not re-plant The payment for production loss is due to cultural or weather related Any person who is dissatisfied with a subject to the $80,000 payment limitations. determination made with respect to limitation and AGI provisions. (3) Practice III—the producer double- these programs may make a request for (d) Producers are also eligible for a cropped with respect to the plastic and reconsideration or appeal of such payment of $250 per acre for debris had a loss of greater than 50 percent of determination in accordance with the removal and associated costs from the plastic per acre; or the producer laid regulations set forth in 7 CFR parts 11 hurricane damage if they can document down new plastic with 50 percent or and 780. that these costs were equal to or greater more loss in plant population and Signed in Washington, DC, on October 25, than $250 per acre. None of the payment replanted. 2004. for cleanup is subject to the payment (c) Practice IV—The producer who James R. Little, limitation and AGI provisions. plants conventional row crop fruits and Administrator, Farm Service Agency. Producers must provide the inventory vegetables must suffer a loss of 50 value before the hurricane and the percent or more of the plant population. [FR Doc. 04–24290 Filed 10–28–04; 8:45 am] inventory value after the hurricane. The Payments are calculated by multiplying BILLING CODE 3410–05–P value of the inventory is the producer’s the number of acres affected by the loss wholesale price list, less the maximum times the payment rate times the DEPARTMENT OF AGRICULTURE customer discount they provide, not to producer’s share of the crop. All exceed the prices in RMA’s ‘‘Eligible payments are subject to the total Forest Service Plant List and Price Schedule.’’ payment limitation and AGI provisions. VI. Florida Vegetable, Fruit and (d) Practice V—For tropical fruit Northeast Yaak EIS; Kootenai National Tropical Fruit Disaster Program producers, only those producers in Lee Forest, Lincoln County, Montana County or in Bands 1 or 2 designated (a) Producers of vegetables, fruits and under the Florida Citrus Program are AGENCY: Forest Service, USDA. selected tropical fruit are eligible for eligible. Producers must have suffered a ACTION: Notice of intent to prepare an assistance. Payments will be made on a loss of 50 percent or more relative to environmental impact statement. per-acre basis, and are based on the type their expected production, as defined in of planting application or method 7 CFR part 1480.3. Payments are SUMMARY: The Forest Service will installed or completed on the date and calculated by multiplying the number of prepare an Environmental Impact time the hurricanes occurred in that acres affected by the payment rate times Statement (EIS) to disclose the area. the producer’s share of the crop. The environmental effects of urban interface (b) Plasticulture refers to production total payment is subject to the payment fuels treatments, vegetation practices where the soil has been limitation and AGI provisions. management, watershed rehabilitation covered with plastic mulch, fumigated, activities, wildlife habitat improvement, fertilized, and with an irrigation system VII. Payment Conditions for All and access management changes, installed. For plasticulture losses, Programs including road decommissioning. The producers must have a loss that is 50 (a) Actual losses or costs for any project is located in the Northeast Yaak percent or greater of plastic or plant program must equal or exceed the planning subunit on the Three Rivers population, as applicable. Producers payment amount received for that Ranger District, Kootenai National must also document that the necessary program. Forest, Lincoln County, Montana, and materials and procedures were followed (b) Payment rates will be 5 percent northeast of Troy, Montana. to produce vegetables using any of the less for producers who did not obtain DATES: Scoping Comment Date: practices. Payments are calculated by Federal Crop Insurance, which is Comments concerning the scope of the multiplying the payment rate for each available from the Risk Management analysis should be received by practice times the affected acres in the Agency, or on coverage from CCC under November 30, 2004. practice times the producer’s share of NAP. ADDRESSES: Written comments and that crop. A portion of the payment that (c) Eligible producers who elected not suggestions concerning the scope of the is associated with production losses is to purchase insurance on an insurable analysis should be sent to Michael L. subject to the $80,000 payment crop, or NAP coverage on an Balboni, District Ranger, Three Rivers limitation and AGI provisions. The uninsurable crop for which benefits are Ranger District, 1437 Hwy 2, Troy, MT payment associated with debris removal received under any of these programs, 59935. and associated costs from hurricane must purchase for the next available damage are not subject to payment coverage period: FOR FURTHER INFORMATION CONTACT: Eric limitation or AGI. Plasticulture includes (1) Crop insurance at least at the Dickinson, Team Leader, Three Rivers the following practices: catastrophic level on that crop, although Ranger District, 1437 Hwy 2, Troy, MT (1) Practice I—the producer laid down producers who are required to purchase 59935. Phone: (406) 295–4693. new plastic, fumigated the soil, put in a citrus insurance policy may elect to SUPPLEMENTARY INFORMATION: The transplants and had a loss or removal of purchase a fruit or tree policy; project area is approximately 26 air more than 50 percent of the plastic per (2) NAP coverage for the next miles northeast of Troy, Montana, acre requiring the replacement of available coverage period by paying the within all or portions of T37N, R29W– preplant inputs and plastic. administrative fee and filing all required R32W, and T36N, R30N–R31W, Lincoln

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63137

County, Montana. The area commercial thinning is proposed on 5. Identifying potential environmental encompasses the following drainages: approximately 270 acres to improve effects of this proposal (i.e., direct, Blacktail, Caribou, East Fork Yaak River, growing conditions and maintain indirect, and cumulative effects and Porcupine, Basin, Solo Joe, Windy, structural diversity in managed sapling connected actions). Bunker Hill, and Vinal drainages and stands. Estimated Dates for Filing several small drainages tributary to the (2) Decommissioning all or portions of East Fork of the Yaak River. 13 roads (approximately 17 miles) The draft EIS is expected to be filed The purpose and need for this project which were determined through an with the Environmental Protection is to: (1) Reduce fuels and the potential interdisciplinary process to be Agency (EPA) and to be available for for crown fires in the urban interface unneeded and are at risk of contributing public review in February 2005. At that and other forested areas; (2) manage for sediment to streams. the time EPA will publish a Notice of more diverse and sustainable vegetative decommissioning work would include Availability of the draft EIS in the conditions; (3) improve conditions in outsloping portions of the road prism, Federal Register. The comment period old growth habitat; (4) improve growing installing ditch-intercept waterbars, and on the draft EIS will be 45 days from the conditions and long-term management reestablishing stream crossings. Several date the EPA publishes the Notice of of overstocked sapling/pole stands; (5) roads in the upper Caribou and Bloom Availability in the Federal Register. It is improve and maintain winter range Creek area used in the 1950s are very important that those interested in conditions; (6) improve the quality of inaccessible and would be abandoned. the management of this area participate grizzly bear habitat; (7) provide for To improve motorized public access, at that time. motorized access to national forest Road 746 would be opened for public The final EIS is scheduled to be resources for recreation and to meet travel. completed in June 2005. In the final EIS, management objectives, while (3) To enlarge and consolidate grizzly the Forest Service is required to respond maintaining wildlife security; (8) bear core habitat while maintaining the to comments and responses received continue to decrease cumulative 55 percent standard in Bear during the comment period that pertain sediment introduction to streams from Management Unit 16, Road 5816 (at the to the environmental consequences roads; and (9) contribute forest products junction of Road 6810H), Road 6004, discussed in the draft EIS and to to the economy. and Road 6005, would be bermed and applicable laws, regulations, and To meet this purpose and need this stabilized. These roads are currently policies considered in making a project proposes: gated, so public access would not decision regarding the proposal. (1) Intermediate tree harvest on change. A smaller core area in the Solo Reviewer’s Obligations approximately 2,010 acres and Joe/Hudson Cr. area would be regeneration harvest on 340 acres to The Forest Service believes it is eliminated. important to give reviewers notice of reduce fuels and manage for a more (4) Design features and mitigations to several court rulings related to public diverse and sustainable vegetative maintain and protect resource values. conditions. Included in the intermediate participation in the environmental tree harvest is an estimated 140 acres in Range of Alternatives review process. First, reviewers of draft stands designated as old growth (MA– The Forest Service will consider a environmental impact statements must 13) Old growth characteristics would be range of alternatives. One of these will structure their participation in the maintained and enhanced with this be the ‘‘no action’’ alternative in which environmental review of the proposal so treatment. This proposal includes a none of the proposed activities will be that it is meaningful and alerts an project-specific forest plan amendment implemented. Additional alternatives agency to the reviewer’s position and to allow for this harvest in MA–13. will examine varying levels and contentions. Vermont Yankee Nuclear Mechanical fuels reduction is proposed locations for the proposed activities to Power Corp. v. NRDC, 435 U.S. 519, 553 on 110 acres, and hand piling fuels achieve the proposal’s purposes, as well (1978). Also, environmental objections reduction is proposed on 100 acres, all as to respond to the issues and other that could be raised at the draft in the wildland urban interface. resource values. environmental impact statement stage Maintenance underburning is proposed may be waived or dismissed by the on approximately 120 acres in the Public Involvement and Scoping courts. City of Angoon v. Hodel, 803 wildland urban interface, including 80 The public is encouraged to take part F.2d 1016, 1022 (9th Cir. 1986) and acres within old growth or replacement in the process and to visit with Forest Wisconsin Heritages, Inc. v. Harris, 490 old growth. This harvest would Service officials at any time during the F. Supp. 1334, 1338 (E.D. Wis. 1980). contribute approximately 12 to 16 analysis and prior to the decision. The Because of these court rulings, it is very million board feet (MMBF) or 29,300 to Forest Service will be seeking important that those interested in this 39,000 hundred cubic feet (CCF) of information, comments, and assistance proposed action participate by the close timber products to the economy. from Federal, State, and local agencies, of the 45 day comment period so that Approximately 0.6 miles of new Tribal governments, and other substantive comments and objections specified road construction and 0.7 individuals or organizations that may be are made available to the Forest Service miles of road realignment would be interested in, or affected by, the at a time when it can meaningfully needed for this project and to provide proposed action. This input will be used consider and respond to them in the for long-term management needs. The in preparation of the draft and final EIS. final EIS. road would be placed in storage after The scoping process will include: To be most helpful, comments on the treatment. It is estimated that five 1. Identifying potential issues. draft EIS should be as specific as temporary roads ranging from 0.2 to 0.5 2. Identifying major issues to be possible and may address the adequacy miles would be constructed to analyzed in depth. of the statement or the merit of the accomplish this harvest and would be 3. Identifying alternatives to the alternatives discussed. Reviewers may obliterated following activities. Best proposed action. wish to refer to the Council on Management Practice work and road 4. Exploring additional alternatives Environmental Quality regulations for maintenance work would be that will be derived from issues implementing the procedural provisions implemented on haul roads. Pre- recognized during scoping activities. of the National Environmental Policy

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63138 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

Act at 40 CFR 1503.3 in addressing DEPARTMENT OF AGRICULTURE Woodley Road, NW., Washington, DC these points. 20008. Forest Service Responsible Official FOR FURTHER INFORMATION CONTACT: For Olympic Provincial Advisory further information regarding this As the Forest Supervisor of the Committee meeting, please contact Lawrence W. Kootenai National Forest, 1101 U.S. Roffee, Executive Director, (202) 272– Highway 2 West, Libby, MT 59923, I am AGENCY: Forest Service, USDA. 0001 (voice) and (202) 272–0082 (TTY). the Responsible Official. As the ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: At the Responsible Official, I will decide if the Board meeting, the Access Board will SUMMARY: The Olympic Province proposed project will be implemented. consider the following agenda items: (a) Advisory Committee (OPAC) will meet I will document the decision and Approval of the July 12, 2004 draft on Friday, November 19, 2004. The meeting minutes; and, (b) public rights- reasons for the decision in the Record of meeting will be held at the Olympic of-way guidelines (closed). Decision. I have delegated the National Forest Headquarters, 1835 This meeting is accessible to persons responsibility for preparing the DEIS Black Lake Blvd., SW., Olympia, with disabilities. If you plan to attend and FEIS to Michael L. Balboni, District Washington. The meeting will begin at and require a sign language interpreter Ranger, Three Rivers Ranger District. 9:30 a.m. and end at approximately 3:30 or similar accommodation, please make p.m. Agenda topics are: Current status Dated: October 25, 2004. your request with the Board by of key Forest issues; Special Forest Bob Castaneda, November 1, 2004. Persons attending Products Update; Invasive Plant Update; Forest Supervisor, Kootenai National Forest. Board meetings are requested to refrain Strategic Resource Planning; Open from using perfume, cologne, and other [FR Doc. 04–24211 Filed 10–28–04; 8:45 am] forum; and Public comments. BILLING CODE 3410–11–M All Olympic Province Advisory fragrances for the comfort of other Committee Meetings are open to the participants. public. Interested citizens are James J. Raggio, DEPARTMENT OF AGRICULTURE encouraged to attend. General Counsel. FOR FURTHER INFORMATION CONTACT: Forest Service Direct questions regarding this meeting Salmon River Canyon Project; Nez to Ken Eldredge, Province Liaison, [FR Doc. 04–24158 Filed 10–28–04; 8:45 am] Perce National Forest, Payette National USDA, Olympic National Forest BILLING CODE 8150–01–P Forest, Bitteroot National Forest, Headquarters, 1835 Black Lake Blvd, Salmon/Challis National Forest, Idaho Olympia, WA 98512–5623, (360) 956– 2323 or Dale Hom, Forest Supervisor, at County, Idaho COMMITTEE FOR PURCHASE FROM (360) 956–2301. PEOPLE WHO ARE BLIND OR AGENCY: Forest Service, USDA. Dated: October 22, 2004. SEVERELY DISABLED Dale Hom, ACTION: Cancellation of an Procurement List; Deletion Forest Supervisor, Olympic National Forest. environmental impact statement. EIS AGENCY: Committee for Purchase from No. 990413. [FR Doc. 04–24212 Filed 10–28–04; 8:45 am] BILLING CODE 3410–11–M People Who Are Blind or Severely Disabled. SUMMARY: On July 24, 1998, a notice of ACTION: Deletion from procurement list. intent to prepare an environmental ARCHITECTURAL AND impact statement (EIS) for the Salmon TRANSPORTATION BARRIERS SUMMARY: This action deletes from the River Canyon Project; Nez Perce COMPLIANCE BOARD Procurement List a product previously National Forest, Payette National Forest, furnished by nonprofit agencies Bitteroot National Forest, Salmon/ Notice of Meeting employing persons who are blind or Challis National Forest was published have other severe disabilities. AGENCY: Architectural and in the Federal Register (63 FR 39810). EFFECTIVE DATE: November 28, 2004. The Forest Service has decided to Transportation Barriers Compliance Board. ADDRESSES: Committee for Purchase cancel the preparation of an EIS for this From People Who Are Blind or Severely ACTION: Notice of meeting. proposed action. The Notice of Intent is Disabled, Jefferson Plaza 2, Suite 10800, hereby withdrawn. SUMMARY: The Architectural and 1421 Jefferson Davis Highway, FOR FURTHER INFORMATION CONTACT: Transportation Barriers Compliance Arlington, Virginia, 22202–3259. Direct questions regarding this Board (Access Board) has scheduled its FOR FURTHER INFORMATION CONTACT: cancellation may be directed to Ken ad hoc committee and board meetings to Sheryl D. Kennerly, (703) 603–7740. Stump, Assistant Fire Management take place in Washington, DC on SUPPLEMENTARY INFORMATION: Wednesday, November 10, 2004 as Officer, RR 2 Box 475 Grangeville, ID Deletion 83530 or telephone 208–983–1950. noted below. DATES: The schedule of events is as On April 30, 2004, the Committee for Steve E. Williams, follows: Purchase From People Who Are Blind Acting Forest Supervisor. or Severely Disabled published notice Wednesday, November 10, 2004 [FR Doc. 04–24210 Filed 10–28–04; 8:45 am] (69 FR 23723) of proposed deletion to BILLING CODE 3410–11–M 9:30 a.m.–Noon: Ad Hoc Committee the Procurement List. After on Public Rights-of-Way—Closed consideration of the relevant matter 1:30 p.m.–3 p.m. Board Meeting presented, the Committee has ADDRESSES: The meeting will be held at determined that the product listed the Wardman Park Marriott Hotel, 2660 below is no longer suitable for

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63139

procurement by the Federal Government SUPPLEMENTARY INFORMATION: Missouri, 137 S. Broadview, Cape under 41 U.S.C. 46–48c and 41 CFR 51– This notice is published pursuant to Girardeau, Missouri, 2725 N. Westwood 2.4. 41 U.S.C. 47(a) (2) and 41 CFR 51–2.3. Blvd, Poplar Bluff, Missouri. Its purpose is to provide interested Regulatory Flexibility Act Certification NPA: Cape Girardeau Community persons an opportunity to submit Sheltered Workshop, Inc., Cape I certify that the following action will comments on the proposed actions. Girardeau, Missouri, 12941 I–45 North, not have a significant impact on a Houston, Texas, 8876 Gulf Freeway, substantial number of small entities. Additions Houston, Texas, 8701 South Gessner The major factors considered for this If the Committee approves the (Alliance Tower), Houston, Texas, 1919 certification were: proposed additions, the entities of the 1. The action may result in additional Federal Government identified in this Smith Street (G. T. ‘‘Mickey’’ Leland reporting, recordkeeping or other notice for each service will be required Federal Building), Houston, Texas, 350 compliance requirements for small to procure the services listed below Pine Street (Petroleum Tower), entities. from nonprofit agencies employing Beaumont, Texas. 2. The action may result in persons who are blind or have other NPA: Austin Task, Inc., Austin, authorizing small entities to furnish the severe disabilities. Texas, 4050 Alpha Road, Farmers product to the Government. Branch, Texas, 1801 N. Hampton Road Regulatory Flexibility Act Certification 3. There are no known regulatory (DeSoto State Bank Building), DeSoto, alternatives which would accomplish I certify that the following action will Texas, 1100/1114 Commerce Street the objectives of the Javits-Wagner- not have a significant impact on a (Earle Cabell Federal Building O’Day Act (41 U.S.C. 46–48c) in substantial number of small entities. Complex), Dallas, Texas, 2601 Meacham connection with the product deleted The major factors considered for this Blvd (FAA Building), Fort Worth, Texas, from the Procurement List. certification were: 819 Taylor Street (U.S. Federal 1. If approved, the action will not Courthouse), Fort Worth, Texas. End of Certification result in any additional reporting, Accordingly, the following product is recordkeeping or other compliance NPA: Expanco, Inc., Fort Worth, deleted from the Procurement List: requirements for small entities other Texas, 1800 NW. Loop 821 (Bank than the small organizations that will Building Office Center), Longview, Product furnish the services to the Government. Texas, 909 ESE Loop 323 (Commerce Product/NSN: Short Run, Short Schedule 2. If approved, the action will result Square III), Tyler, Texas. Duplicating, in authorizing small entities to furnish NPA: Goodwill Industries— 7690–00–NSH–0087. the services to the Government. Opportunities in Tyler, Tyler, Texas. NPA: None currently authorized. 3. There are no known regulatory Contract Activity: Government Printing Contract Activity: IRS-Western Area Office, Washington, DC. alternatives which would accomplish the objectives of the Javits-Wagner- Procurement Branch—APFW, San Sheryl D. Kennerly, O’Day Act (41 U.S.C. 46–48c) in Francisco, California. Director, Information Management. connection with the services proposed Deletion [FR Doc. 04–24236 Filed 10–28–04; 8:45 am] for addition to the Procurement List. Regulatory Flexibility Act Certification BILLING CODE 6353–01–P Comments on this certification are invited. I certify that the following action will Commenters should identify the not have a significant impact on a COMMITTEE FOR PURCHASE FROM statement(s) underlying the certification substantial number of small entities. PEOPLE WHO ARE BLIND OR on which they are providing additional The major factors considered for this SEVERELY DISABLED information. certification were: Procurement List; Proposed Additions End of Certification 1. If approved, the action may result and Deletion The following services are proposed in additional reporting, recordkeeping for addition to Procurement List for or other compliance requirements for AGENCY: Committee for Purchase from production by the nonprofit agencies small entities. People Who Are Blind or Severely listed: Disabled. 2. If approved, the action may result ACTION: Proposed additions to and Services in authorizing small entities to furnish the service to the Government. deletion from Procurement List. Service Type/Location: Custodial Services, E. Ross Adair Federal Building 3. There are no known regulatory SUMMARY: The Committee is proposing and U.S. Courthouse, 1300 S. Harrison alternatives which would accomplish to add to the Procurement List services Street, Fort Wayne, Indiana. the objectives of the Javits-Wagner- to be furnished by nonprofit agencies NPA: The Arc of Northeast Indiana, O’Day Act (41 U.S.C. 46–48c) in employing persons who are blind or Inc., Fort Wayne, Indiana. connection with the service proposed have other severe disabilities, and to Contract Activity: GSA, Public for deletion from the Procurement List. delete a service previously furnished by Buildings Service–5P, Chicago, Illinois. such agencies. Service Type/Location: Document End of Certification Comments Must Be Received on or Destruction, Internal Revenue Service, Before: November 28, 2004. The following service is proposed for (At the following locations for the deletion from the Procurement List: ADDRESSES: Committee for Purchase identified Nonprofit Agencies): 101 Park From People Who Are Blind or Severely Deville Drive, Columbia, Missouri, 919 Service Disabled, Jefferson Plaza 2, Suite 10800, Jackson Street, Chillicothe, Missouri, 1421 Jefferson Davis Highway, 3702 W. Truman Blvd, Jefferson City, Service Type/Location: Janitorial/ Arlington, Virginia, 22202–3259. Missouri. Custodial, DLA Gadsden Depot, FOR FURTHER INFORMATION CONTACT: NPA: Independence and Blue Springs Gadsden, Alabama. Sheryl D. Kennerly, (703) 603–7740. Industries, Inc., Independence, NPA: None currently authorized.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63140 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

Contract Activity: Defense Logistics DEPARTMENT OF COMMERCE the new shipper review by 120 days (69 Agency, Fort Belvoir, Virginia. FR 13812). On April 15, 2004, the International Trade Administration Department aligned the new shipper Sheryl D. Kennerly, (A–580–816) review with the current administrative Director, Information Management. review, further extending the [FR Doc. 04–24237 Filed 10–28–04; 8:45 am] Corrosion Resistant Carbon Steel Flat preliminary results of the new shipper BILLING CODE 6353–01–P Products from Korea: Extension of review until August 30, 2004. See Time Limits for the Final Results of Memorandum to the File from Paul Antidumping Administrative Review Walker, re: Request for Alignment of and New Shipper Review Annual and New Shipper Reviews, a COMMISSION ON CIVIL RIGHTS public document on file in the Central AGENCY: Import Administration, Records Unit room B099 in the main Agenda and Notice of Public Meeting International Trade Administration, Commerce Building. On September 7, of the Texas Advisory Committee Department of Commerce. 2004, the Department published the EFFECTIVE DATE: October 29, 2004. preliminary results of its reviews (69 FR Notice is hereby given, pursuant to FOR FURTHER INFORMATION CONTACT: 54101). The final results of these the provisions of the rules and Mark Young at (202) 482–6397, AD/CVD reviews are currently due no later than regulations of the U.S. Commission on Operations, Office III, Import January 5, 2005. Civil Rights, that a conference call of the Administration, International Trade Extension of Final Results of Reviews Texas State Advisory Committee in the Administration, U.S. Department of Western Region will convene at 1 p.m. Commerce, 14th Street and Constitution We determine that it is not practicable (PST) and adjourn at 2 p.m., Friday, Ave, NW, Washington, DC 20230. to complete the final results of these reviews within the original time limit, November 5, 2004. The purpose of the SUPPLEMENTARY INFORMATION: conference call is to discuss education because the Department recently issues in Texarkana and plan for a Statutory Time Limits decided that it is necessary to conduct Committee forum. Section 751(a)(3)(A) of the Tariff Act verifications of one or more of the of 1930, as amended (the Act), requires respondents in the abovementioned This conference call is available to the reviews. Thus, the Department needs public through the following call-in the Department to issue (1) the preliminary results of a review within additional time to complete these number: 1–800–497–7709, access code verifications and incorporate its number 26971510. Any interested 245 days after the last day of the month in which occurs the anniversary of the findings in the final results of these member of the public may call this date of publication of an order or reviews. Therefore, we are extending the number and listen to the meeting. finding for which a review is requested, deadline for the final results of the Callers can expect to incur charges for and (2) the final results within 120 days above–referenced reviews until March calls not initiated using the provided after the date on which the preliminary 7, 2005. call-in number or over wireless lines results are published. However, if it is This extension is in accordance with and the Commission will not refund any not practicable to complete the review section 751(a)(3)(A) of the Act and 19 incurred charges. Callers will incur no within that time period, section CFR 351.213(h)(2). charge for calls using the call-in number 751(a)(3)(A) of the Act allows the Dated: October 25, 2004. over land-line connections. Persons Department to extend the time limit for Jeffrey A. May, with hearing impairments may also the preliminary results to a maximum of Deputy Assistant Secretary for Import follow the proceedings by first calling 365 days and the final results to a Administration. the Federal Relay Service at 1–800–977– maximum of 180 days (or 300 days if [FR Doc. E4–2916 Filed 10–28–04; 8:45 am] 8339 and providing the Service with the the Department does not extend the BILLING CODE 3510–DS–S conference call number and access code. time limit for the preliminary results) To ensure that the Commission from the date of the publication of the secures an appropriate number of lines preliminary results. See also 19 CFR DEPARTMENT OF COMMERCE 351.213(h)(2). for the public, persons are asked to International Trade Administration register by contacting Arthur Palacios of Background the Western Regional Office, (213) 894– On September 30, 2003, the [A–570–803] 3437, by 3 p.m. on Thursday, November Department published a notice of 4, 2004. Heavy Forged Hand Tools, Finished or initiation of the administrative review of Unfinished, With or Without Handles, The meeting will be conducted the antidumping duty order on From the People’s Republic of China: pursuant to the provisions of the rules corrosion resistant carbon steel flat Extension of Time Limit for the and regulations of the Commission. products from Korea, covering the Preliminary Results of the period August 1, 2002 to July 31, 2003 Dated at Washington, DC October 22, 2004. Antidumping Duty Administrative (68 FR 56262). On October 3, 2003, the Review Ivy L. Davis, Department published a notice of Chief, Regional Programs Coordination Unit. initiation of new shipper antidumping AGENCY: Import Administration, [FR Doc. 04–24209 Filed 10–28–04; 8:45 am] duty review on the aforementioned International Trade Administration, BILLING CODE 6335–01–P subject merchandise and covering the Department of Commerce. same period (68 FR 57423). On March SUMMARY: The Department of Commerce 4, 2004, the Department fully extended (‘‘the Department’’) is extending the the preliminary results of the time limit for the preliminary results of aforementioned administrative review the review of heavy forged hand tools by 120 days (69 FR 10203). On March from the People’s Republic of China 24, 2004, the Department fully extended (‘‘PRC’’). This review covers the period

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63141

February 1, 2003 through January 31, the Act, we are extending the time Administrative Reviews and Requests 2004. period for issuing the preliminary for Revocation in Part, 69 FR 15788, EFFECTIVE DATE: October 29, 2004. results of review by 120 days until (March 26, 2004). February 28, 2005. The final results FOR FURTHER INFORMATION CONTACT: Alex Extension of Time Limit for Preliminary continue to be due 120 days after the Villanueva, AD/CVD Operations, Group Results III, Office 9, Import Administration, publication of the preliminary results. The Tariff Act of 1930, as amended International Trade Administration, Dated: October 25, 2004. (the Act), at section 351(a)(3)(A), U.S. Department of Commerce, 14th Jeffrey A. May, provides that the Department will issue Street and Constitution Avenue, NW., Deputy Assistant Secretary for Import the preliminary results of an Washington DC 20230; telephone: (202) Administration. administrative review of an 482–3208. [FR Doc. E4–2914 Filed 10–28–04; 8:45 am] antidumping duty order within 245 Time Limits BILLING CODE 3510–DS–P days after the last day of the anniversary month of the date of publication of the Statutory Time Limits order. The Act provides further that if DEPARTMENT OF COMMERCE Section 751(a)(3)(A) of the Tariff Act the Department determines that it is not of 1930, as amended (‘‘the Act’’), International Trade Administration practicable to complete the review requires the Department of Commerce within this time period, the Department (‘‘the Department’’) to make a [A–533–809] may extend the 245–day period to 365 preliminary determination within 245 days. days after the last day of the anniversary Stainless Steel Flanges from India: The Department has determined that month of an order for which a review Extension of Time Limit for the it is not practicable to complete the is requested and a final determination Preliminary Results of Antidumping preliminary results by the current 245– within 120 days after the date on which Duty Administrative Review day deadline of October 31, 2004. There the preliminary determination is AGENCY: Import Administration, are a number of discrepancies in the published. However, if it is not International Trade Administration, submitted data that require additional practicable to complete the review Department of Commerce. information and analysis. These within these time periods, section ACTION: Extension of Time Limit for the discrepancies pertain, inter alia, to 751(a)(3)(A) of the Act allows the Preliminary Results of Antidumping control numbers, customer categories, Department to extend the time limit for Duty Administrative Review. and claimed adjustments (e.g., duty the preliminary determination to a drawback). We require additional time maximum of 365 days after the last day SUMMARY: The Department of Commerce to analyze the questionnaire responses of the anniversary month. (the Department) is extending the due and issue supplemental questionnaires. Background date for the preliminary results of Therefore, in accordance with section review of the antidumping duty order 751(a)(3)(A) of the Act, and 19 CFR On March 26, 2004, the Department on stainless steel flanges from India 351.213(h)(2), the Department is published a notice of initiation of a from October 31, 2004, to February 28, extending the time limit for the review of heavy forged hand tools 2005. preliminary results by 120 days to (‘‘HFHTs’’) from the PRC covering the EFFECTIVE DATE: October 29, 2004. February 28, 2005. period February 1, 2003 through January This notice of postponement is in 31, 2004. See Initiation of Antidumping FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD accordance with section 751(a)(3)(A) of and Countervailing Duty Administrative the Act. Reviews and Requests for Revocation in Operations, Office 7, Import Part, 69 FR 15788 (March 26, 2004). Administration, International Trade Dated: October 18, 2004. Administration, U.S. Department of Jeffrey A. May, Extension of Time Limit of Preliminary Commerce, 14th Street and Constitution Deputy Assistant Secretary for Import Results Avenue, NW., Washington, DC 20230; Administration. Completion of the preliminary results telephone (202) 482–2924 or (202) 482– [FR Doc. E4–2915 Filed 10–28–04; 8:45 am] of this review within the 245-day period 0649, respectively. BILLING CODE 3510–DS–S is not practicable. This review covers SUPPLEMENTARY INFORMATION: three companies, and to conduct the Background sales and factor analyses for each COMMITTEE FOR THE requires the Department to gather and On February 9, 1994, the Department IMPLEMENTATION OF TEXTILE analyze a significant amount of published the antidumping duty order AGREEMENTS information pertaining to each on stainless steel flanges from India. See company’s sales practices, Amended Final Determination and Denial of Commercial Availability manufacturing methods and corporate Antidumping Duty Order; Certain Request under the Andean Trade relationships. The Department is also Forged Stainless Steel Butt–Weld Promotion and Drug Eradication Act extending the preliminary results Flanges from India, 59 FR 5994 (ATPDEA) because additional time is needed to (February 9, 1994). On February 27, determine whether the reporting 2004, Echjay Forgings and the Viraj October 26, 2004. methodology submitted by these Group, producers of the subject AGENCY: The Committee for the respondents is appropriate. In addition, merchandise, requested reviews of their Implementation of Textile Agreements the Department is analyzing issues U.S. sales during the period February 1, (CITA). related to scope exclusions of certain 2003, through January 31, 2004. On ACTION: Denial of the request alleging products. March 26, 2004, the Department that certain polyester monofilament Therefore, given the number and published a notice initiating the yarn, for use in women’s and children’s complexity of issues in this case, and in requested reviews. See Initiation of apparel, cannot be supplied by the accordance with section 751(a)(3)(A) of Antidumping and Countervailing Duty domestic industry in commercial

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63142 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

quantities in a timely manner under the Erre Emme Ltda of Bogota, Colombia, SUPPLEMENTARY INFORMATION: Section AGOA. alleging that certain polyester 4314(c)(1) through (5) of Title 5, U.S.C., monofilament texturized, raw, white requires each agency to establish, in SUMMARY: On August 23, 2004, the yarn, of denier 20D/F1, classified in accordance with regulations, one or Chairman of CITA received a petition subheading 5402.33.30 of the more Senior Executive Service from Textiles Erre Emme Ltda. of Harmonized Tariff Schedule of the performance review boards. The boards Bogota, Colombia, alleging that certain United States (HTSUS), for use in shall review and evaluate the initial polyester monofilament texturized, raw, women’s and children’s apparel, cannot appraisal of senior executives’ white yarn, of denier 20D/F1, classified be supplied by the domestic industry in performance by supervisors and make in subheading 5402.33.30 of the commercial quantities in a timely recommendations to the appointing Harmonized Tariff Schedule of the manner. The petitioner requested quota- authority or rating official relative to the United States (HTSUS), for use in and duty-free treatment under the performance of these executives. women’s and children’s apparel, cannot ATPDEA for such apparel that are The members of the Performance be supplied by the domestic industry in woven or knit in one or more ATPDEA Review Board for The Office of the commercial quantities in a timely beneficiary countries from such yarn. Surgeon General are: manner, and requesting that such On August 31, 2004, CITA solicited 1. MG Joseph G. Webb, Jr., Deputy apparel made from such yarn be eligible public comments regarding this request, Surgeon General, Office of the Surgeon for preferential treatment under the particularly with respect to whether General. ATPDEA. Based on currently available these yarns can be supplied by the 2. Mr. John C. Metzler, Jr., Director of information, CITA has determined that domestic industry in commercial Cemetery Operations, Arlington these subject yarns can be supplied by quantities in a timely manner. On National Cemetery, Military District of the domestic industry in commercial September 16, 2004, CITA and USTR Washington. quantities in a timely manner and offered to hold consultations with the 3. Ms. Patricia A. Rivers, Chief, therefore denies the request. Senate Finance Committee and the Environmental Division, Directorate of FOR FURTHER INFORMATION CONTACT: House Ways and Means Committee. Military Programs, U.S. Army Corps of Shikha Bhatnagar, International Trade Neither Committee has requested Engineers. Specialist, Office of Textiles and consultations on this request. We also Brenda S. Bowen, Apparel, U.S. Department of Commerce, requested the advice of the U.S. Army Federal Register Liaison Officer. International Trade Commission and the (202) 482-3400. [FR Doc. 04–24196 Filed 10–28–04; 8:45 am] SUPPLEMENTARY INFORMATION: relevant Industry Trade Advisory Committees. BILLING CODE 3710–08–M Authority: Section 204 (b)(3)(B)(ii) of the CITA has determined that certain ATPDEA, Presidential Proclamation 7616 of polyester monofilament texturized, raw, October 31, 2002, Executive Order 13277 of DEPARTMENT OF ENERGY November 19, 2002, and the United States white yarn, of denier 20D/F1, classified Trade Representative’s Notice of Further in subheading 5402.33.30 of the [Docket No. EA–122–B] Assignment of Functions of November 25, Harmonized Tariff Schedule of the 2002. United States (HTSUS), for use in Application to Export Electric Energy; women’s and children’s apparel can be Dynegy Power Marketing, Inc. Background supplied by the domestic industry in AGENCY: Office of Fossil Energy, DOE. The ATPDEA provides for quota- and commercial quantities in a timely duty-free treatment for qualifying textile manner. Textiles Erre Emme Ltda.’s ACTION: Notice of application. and apparel products. Such treatment is request is denied. SUMMARY: Dynegy Power Marketing, Inc. generally limited to products (DYPM) has applied to renew of its manufactured from yarns and fabrics D. Michael Hutchinson, authority to transmit electric energy formed in the United States or a Acting Chairman, Committee for the from the United States to Canada beneficiary country. The ATPDEA also Implementation of Textile Agreements. [FR Doc.E4–2913 Filed 10–28–04; 8:45 am] pursuant to section 202(e) of the Federal provides for quota- and duty-free Power Act. treatment for apparel articles that are BILLING CODE 3510–DR–S DATES: both cut (or knit-to-shape) and sewn or Comments, protests or requests otherwise assembled in one or more to intervene must be submitted on or ATPDEA beneficiary countries from DEPARTMENT OF DEFENSE before November 15, 2004. fabric or yarn that is not formed in the ADDRESSES: Comments, protests or United States or a beneficiary country, Department of the Army requests to intervene should be if it has been determined that such addressed as follows: Office of Coal & Performance Review Board Power Systems (FE–27), Office of Fossil fabric or yarn cannot be supplied by the Membership domestic industry in commercial Energy, U.S. Department of Energy, quantities in a timely manner. Pursuant AGENCY: Department of the Army, DoD. 1000 Independence Avenue, SW., to Executive Order No. 13277 (67 FR ACTION: Notice. Washington, DC 20585–0350 (FAX 202– 70305) and the United States Trade 287–5736). Representative’s Notice of Redelegation SUMMARY: Notice is given of the names FOR FURTHER INFORMATION CONTACT: of Authority and Further Assignment of of members of a Performance Review Xavier Puslowski (Program Office) 202- Functions (67 FR 71606), the President’s Board for the Department of the Army. 586–4708 or Michael Skinker (Program authority to determine whether yarns or EFFECTIVE DATE: October 22, 2004. Attorney) 202–586–6667. fabrics cannot be supplied by the FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Exports of domestic industry in commercial Marilyn Ervin, U.S. Army Senior electricity from the United States to a quantities in a timely manner under the Executive Service Office, Assistant foreign country are regulated and ATPDEA has been delegated to CITA. Secretary of the Army, Manpower & require authorization under section On August 23, 2004, the Chairman of Reserve Affairs, 111 Army, Washington, 202(e) of the Federal Power Act (FPA) CITA received a petition from Textiles DC 20310–0111. (16 U.S.C. § 824a(e)).

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63143

On August 8, 1997, the Office of each petition and protest should be filed 2. Discussion of Public Participation in Fossil Energy (FE) of the Department of with the DOE on or before the date the Independent Validation and Energy (DOE) authorized DYPM, listed above. Verification of Rocky Flats Cleanup formerly Electric Clearinghouse, Inc., to Comments on the DYPM application 3. Other Board business may be transmit electric energy from the United to export to electric energy to Canada conducted as necessary States to Canada as a power marketer should be clearly marked with Docket Public Participation: The meeting is (Order No. EA–122). On October 15, EA–122–B. Additional copies are to be open to the public. Written statements 1999, that authorization to export filed directly with Betsy R. Carr, Sr. may be filed with the Board either electricity was renewed in EA–122–A Director & Regulatory Counsel, and before or after the meeting. Individuals for a period of five years which expired Steven F. Dalhoff, Director, Regulatory who wish to make oral statements on October 15, 2004. Affairs, Dynegy Power Marketing, Inc., pertaining to agenda items should On October 18, 2004, the FE received 1000 Louisiana, Suite 5800, Houston, contact Ken Korkia at the address or an application from DYPM to renew its TX 77002–5050. telephone number listed above. authorization to transmit energy from Copies of this application will be Requests must be received at least five the United States to Canada for a term made available, upon request, for public days prior to the meeting and reasonable of five years. DYPM, a Texas inspection and copying at the address provisions will be made to include the corporation having its principal place of provided above or by accessing the presentation in the agenda. The Deputy business in Houston, Texas is a power Fossil Energy Home Page at http:// Designated Federal Officer is marketer that does not own or control www.fe.doe.gov. Upon reaching the empowered to conduct the meeting in a any electric generation or transmission Fossil Energy home page select fashion that will facilitate the orderly facilities nor does it have any franchised ‘‘Electricity Regulation,’’ and then conduct of business. Each individual service territory in the United States. ‘‘Pending Proceedings’’ from the options wishing to make public comment will In its application DYPM notes that it menus. be provided a maximum of five minutes has had no electricity export Issued in Washington, DC, on October 26, to present their comments. This notice transactions to Canada in the past 2004. is being published less than 15 days several months. However, DYPM Anthony J. Como, before the date of the meeting due to requests DOE to expedite the processing Deputy Director, Electric Power Regulation, programmatic issues that had to be of its application in order to take Office of Fossil Energy. resolved prior to publication. advantage of certain market situations [FR Doc. 04–24223 Filed 10–28–04; 8:45 am] Minutes: The minutes of this meeting that could necessitate DYPM to make BILLING CODE 6450–01–P will be available for public review and sales into the Ontario Independent copying at the office of the Rocky Flats Electricity Market Operator. Citizens Advisory Board, 10808 Accordingly, DOE has shortened the DEPARTMENT OF ENERGY Highway 93, Unit B, Building 60, Room public comment period to 15 days. 107B, Golden, CO 80403; telephone DYPM proposes to export electric Environmental Management Site- (303) 966–7855. Hours of operations are energy to Canada and to arrange for the Specific Advisory Board, Rocky Flats 7:30 a.m. to 4 p.m., Monday through delivery of those exports over the Friday. Minutes will also be made international transmission facilities AGENCY: Department of Energy. available by writing or calling Ken owned by Basin Electric Power ACTION: Notice of open meeting. Korkia at the address or telephone Cooperative, Bonneville Power SUMMARY: This notice announces a number listed above. Board meeting Administration, Eastern Maine Electric meeting of the Environmental Cooperative, International Transmission minutes are posted on RFCAB’s Web Company, Joint Owners of the Highgate Management Site-Specific Advisory site within one month following each Project, Long Sault, Inc., Maine Electric Board (EM SSAB), Rocky Flats. The meeting at: http://www.rfcab.org/ Power Company, Maine Public Service Federal Advisory Committee Act (Pub. Minutes.HTML. Company, Minnesota Power, Inc., L. No. 92–463, 86 Stat. 770) requires Issued at Washington, DC on October 26, Minnkota Power Cooperative, New York that public notice of these meeting be 2004. Power Authority, Niagara Mohawk announced in the Federal Register. Rachel M. Samuel, Power Corporation, Northern States DATES: Thursday, November 4, 2004 Deputy Advisory Committee Management Power, Vermont Electric Power 6 p.m. to 9 p.m. Officer. Company and Vermont Electric ADDRESSES: Broomfield Recreation [FR Doc. 04–24215 Filed 10–28–04; 8:45 am] Transmission Company. Center, Lakeshore Room, 280 Lamar BILLING CODE 6450–01–P The construction of each of the Street, Broomfield, CO. international transmission facilities to FOR FURTHER INFORMATION CONTACT: Ken be utilized by DYPM as more fully Korkia, Board/Staff Coordinator, Rocky DEPARTMENT OF ENERGY described in the application, has Flats Citizens Advisory Board, 10808 previously been authorized by a Highway 93, Unit B, Building 60, Room Environmental Management Site- Presidential permit issued pursuant to 107B, Golden, CO, 80403; telephone Specific Advisory Board, Hanford Executive Order 10485, as amended. (303) 966–7855; fax (303) 966–7856. AGENCY: Department of Energy. Procedural Matters: Any person SUPPLEMENTARY INFORMATION: Purpose of ACTION: Notice of open meeting. desiring to become a party to this the Board: The purpose of the Board is proceeding or to be heard by filing to make recommendations to DOE in the SUMMARY: This notice announces a comments or protests to this application areas of environmental restoration, meeting of the Environmental should file a petition to intervene, waste management, and related Management Site-Specific Advisory comment or protest at the address activities. Board (EM SSAB), Hanford. The Federal provided above in accordance with Advisory Committee Act (Pub. L. No §§ 385.211 or 385.214 of the FERC’s Tentative Agenda 92–463, 86 Stat. 770) requires that Rules of Practice and Procedures (18 1. Update on Building 371 Demolition public notice of these meeting be CFR 385.211, 385.214). Fifteen copies of Plans announced in the Federal Register.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63144 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

DATES: Thursday, November 4, 2004, 9 be provided equal time to present their 6:30 p.m. DDFO’s Comments a.m.–4:30 p.m.; Friday, November 5, comments. This notice is being 6:35 p.m. Federal Coordinator 2004, 8:30 a.m.–4 p.m. published less than 15 days before the Comments date of the meeting due to programmatic ADDRESSES: Monarch Hotel & 6:40 p.m. Ex-Officio Comments Conference Center, 12566 SE 93rd issues that had to be resolved prior to Avenue, Clackamas, OR 97015, Phone: publication. 6:45 p.m. Public Comments and (503) 652–1515, Fax: (503) 652–7509. Minutes: The minutes of this meeting Questions FOR FURTHER INFORMATION CONTACT: will be available for public review and 7 p.m. Task Forces/Presentations Yvonne Sherman, Public Involvement copying at the Freedom of Information • Waste Disposition—C–746–U Program Manager, Department of Public Reading Room, 1E–190, Forrestal Landfill Building, 1000 Independence Avenue, Energy, Richland Operations Office, 825 • Water Quality Task Force SW., Washington, DC 20585 between 9 Jadwin, MSIN A7–75, Richland, WA, • a.m. and 4 p.m., Monday-Friday, except Long Range Strategy/Stewardship 99352; Phone: (509) 376–6216; Fax: • (509) 376–1563. Federal holidays. Minutes will also be Community Outreach available by writing to Yvonne SUPPLEMENTARY INFORMATION: Purpose of 8 p.m. Public Comments and Sherman, Department of Energy the Board: The purpose of the Board is Questions Richland Operation Office, 825 Jadwin, to make recommendations to DOE in the 8:15 p.m. Break MSIN A7–75, Richland, WA 99352, or areas of environmental restoration, by calling her at (509) 376–1563. 8:30 p.m. Administrative Issues waste management, and related • Review of Work Plan activities. Issued at Washington, DC on October 26, 2004. • Review of Next Agenda Tentative Agenda Rachel M. Samuel, 8:40 p.m. Review of Action Items Thursday, November 4, 2004 Deputy Advisory Committee Management 8:45 p.m. Subcommittee Reports Officer. 1. Central Plateau Vision Development • Executive Committee [FR Doc. 04–24216 Filed 10–28–04; 8:45 am] Discussions/outcomes from the 9 p.m. Final Comments October Committee of the Whole BILLING CODE 6450–01–P What are the decisions that agencies 9:30 p.m. Adjourn need to be making? Copies of the final agenda will be DEPARTMENT OF ENERGY What is the information needed to available at the meeting. support those decisions? Environmental Management Site- Public Participation: The meeting is What tools are being used for analysis Specific Advisory Board, Paducah open to the public. Written statements and integration? may be filed with the Committee either What are the various waste streams? AGENCY: Department of Energy (DOE). before or after the meeting. Individuals What stays at Hanford and what ACTION: Notice of open meeting. who wish to make oral statements leaves? pertaining to agenda items should 2. Update on the River Corridor Contract SUMMARY: This notice announces a contact David Dollins at the address 3. Follow-up on HAB Priorities for the meeting of the Environmental listed below or by telephone at (270) 2005 Year Management Site-Specific Advisory 441–6819. Requests must be received 4. Stop Work Authority for Construction Board (EM SSAB), Paducah. The five days prior to the meeting and Workers Federal Advisory Committee Act (Pub. reasonable provision will be made to 5. Minority Outreach (from the Public L. No. 92–463, 86 Stat. 770) requires include the presentation in the agenda. Involvement Committee) that public notice of these meetings be The Deputy Designated Federal Officer announced in the Federal Register. Friday, November 5, 2004 is empowered to conduct the meeting in DATES: Thursday, November 18, 2004, 1. Central Plateau Vision Development a fashion that will facilitate the orderly 5:30 p.m.–9:30 p.m. (continued discussion) conduct of business. Each individual 2. Committee Updates ADDRESSES: 111 Memorial Drive, wishing to make public comments will 3. Agency Updates Barkley Centre, Paducah, Kentucky be provided a maximum of five minutes 4. Adoption of Board Advice 42001. to present their comments as the first 5. Identification of Topics for January FOR FURTHER INFORMATION CONTACT: item of the meeting agenda. 2005 Board Meeting William E. Murphie, Deputy Designated Minutes: The minutes of this meeting Public Participation: The meeting is Federal Officer, Department of Energy will be available for public review and open to the public. Written statements Portsmouth/Paducah Project Office, copying at the Freedom of Information may be filed with the Board either 1017 Majestic Drive, Suite 200, Public Reading Room, 1E–190, Forrestal before or after the meeting. Individuals Lexington, Kentucky 40513, (859) 219– Building, 1000 Independence Avenue, who wish to make oral statements 4001. SW., Washington, DC 20585 between 9 pertaining to agenda items should SUPPLEMENTARY INFORMATION: a.m. and 4 p.m., Monday–Friday, except contact Yvonne Sherman’s office at the Purpose of the Board: The purpose of Federal holidays. Minutes will also be address or telephone number listed the Board is to make recommendations available at the Department of Energy’s above. Requests must be received five to DOE in the areas of environmental Environmental Information Center and days prior to the meeting and reasonable restoration, waste management and Reading Room at 115 Memorial Drive, provision will be made to include the related activities. Barkley Centre, Paducah, Kentucky presentation in the agenda. The Deputy between 8 a.m. and 5 p.m. on Monday Designated Federal Officer is Tentative Agenda thru Friday or by writing to David empowered to conduct the meeting in a 5:30 p.m. Informal Discussion Dollins, Department of Energy Paducah fashion that will facilitate the orderly 6 p.m. Call to Order; Introductions; Site Office, Post Office Box 1410, MS– conduct of business. Each individual Review Agenda; Approval of 103, Paducah, Kentucky 42001, or by wishing to make public comment will October Minutes calling him at (270) 441–6819.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63145

Issued at Washington, DC on October 26, Issued in Portland, Oregon, on October 21, operating agreement (IOA) among SPP, 2004. 2004. Westar Energy, Inc. (Westar), and Duke Rachel M. Samuel, Stephen J. Wright, Energy Leavenworth, LLC (Duke). SPP Deputy Advisory Committee Management Administrator and Chief Executive Officer. requests an effective date of October 18, Officer. [FR Doc. 04–24224 Filed 10–28–04; 8:45 am] 2004. [FR Doc. 04–24217 Filed 10–28–04; 8:45 am] BILLING CODE 6450–01–P SPP states that copies of the filing BILLING CODE 6450–01–P were served upon the parties to the IOA. Comment Date: 5 p.m. eastern time on DEPARTMENT OF ENERGY November 9, 2004. DEPARTMENT OF ENERGY Federal Energy Regulatory 4. CL Power Sales Nine, L.L.C. Bonneville Power Administration; Commission [Docket No. ER05–56–000] Summit/Westward Project [Docket No. EG05–11–000, et al.] Take notice that on October 18, 2004, AGENCY: Bonneville Power CL Power Sales Nine, L.L.C., (CL Nine) FPL Energy Callahan Wind, L.P., et al.; Administration (BPA), Department of by and through Edison Mission Energy Electric Rate and Corporate Filings Energy (DOE). submitted for filing a Notice of Cancellation of Market-Based Rate ACTION: Notice of availability of Revised October 21, 2004. Tariff, CL Power Sales Nine, L.L.C. Rate Record of Decision (ROD). The following filings have been made Schedule FERC Form No. 1. with the Commission. The filings are Comment Date: 5 p.m. eastern time on SUMMARY: This notice announces the listed in ascending order within each November 8, 2004. availability of the Revised ROD to offer docket classification. contract terms for an optional electrical 5. Niagara Mohawk Power Corporation interconnection of the proposed 1. FPL Energy Callahan Wind, LP [Docket No. ER05–57–000] Summit/Westward Project into the [Docket No. EG05–11–000] Federal Columbia River Transmission Take notice that on October 20, 2004, Take notice that on October 18, 2004, System at a point near the existing FPL Energy Callahan Wind, LP (FPLE Niagara Mohawk Power Corporation, a Wauna Substation of the Clatskanie Callahan Wind), 700 Universe Blvd., National Grid company (Niagara People’s Utility District (CPUD), Juno Beach, FL 33408, filed with the Mohawk), submitted for filing an Columbia County, Oregon. The project Federal Energy Regulatory Commission Interconnection Service Agreement developer, Westward Energy, LLC, is an application for determination of between Niagara Mohawk and General evaluating this interconnection plan exempt wholesale generator status Mills. along with BPA’s previous offer for pursuant to part 365 of the Niagara Mohawk states that a copy of interconnection at BPA’s Allston Commission’s regulations. this filing will be served upon General Substation (documented in a ROD dated FPLE Callahan Wind states it is a Mills, as well as the New York July 25, 2003). BPA’s decision to offer wind-powered facility located in Taylor Independent System Operator, Inc., and contract terms is consistent with our County, Texas with a nameplate the New York Public Service Business Plan Final Environmental capacity of 114 MW. FPLE Callahan Commission. Impact Statement (DOE/EIS–0183, June Wind further states that the Facility Comment Date: 5 p.m. eastern time on 1995) and the Business Plan ROD consists of 76 GE Wind Turbine November 8, 2004. (August 1995). In a related action, BPA Generators of 1.5 MW each and is 6. Central Hudson Gas & Electric has also decided to facilitate CPUD expected to commence operations in Corporation construction of a new 230-kilovolt February 2005. FPLE Callahan Wind transmission line by allowing joint use states it will sell electricity produced by [Docket No. ER05–58–000] of BPA right-of-way through partial the Facility exclusively at wholesale Take notice that on October 18, 2004, reconstruction of BPA’s 115-kilovolt within ERCOT. Central Hudson Gas & Electric Allston-Astoria No. 1 transmission line Comment Date: 5 p.m. eastern time on Corporation (Central Hudson) submitted from single-circuit H-frame wood-pole November 10, 2004. a Notice of Cancellation of its Rate design to double-circuit single metal- Schedule FERC No. 51, effective July 16, 2. Entergy Services, Inc. pole design. Terms of BPA’s 1975 in Docket No. ER76–79–000. participation in this project will be [Docket Nos. ER04–699–000 and ER03–1272– Central Hudson states that it consents to documented in a Construction 002] the termination requested by Orange & Agreement. Take notice that on October 15, 2004 Rockland Utilities, Inc. (O&R) and, Entergy Services, Inc. (Entergy), accordingly, requests waiver on the ADDRESSES: Copies of the Business Plan submitted for filing cost information notice requirements set forth in 18 CFR EIS and ROD, the Summit/Westward and workpapers of transmission 35.15 of the regulations to permit the ROD of July 25, 2003, and this Revised upgrades in response the Commission’s notice of cancellation to be effective ROD may be obtained by calling BPA’s order issued September 16, 2004 in September 1, 2004. toll-free document request line, 1–800– Docket Nos. ER04–699–000 and ER03– Central Hudson states that copies of 622–4520. These documents are also 1272–002. the filing were served upon O&R and available on our Web site at http:// Comment Date: 5 p.m. eastern time on the State of New York Public Service www.efw.bpa.gov. November 5, 2004. Commission. FOR FURTHER INFORMATION CONTACT: Comment Date: 5 p.m. eastern time on 3. Southwest Power Pool, Inc. Thomas C. McKinney, Bonneville Power November 8, 2004. Administration—KEC–4, P.O. Box 3621, [Docket No. ER05–55–000] 7. Regional Transmission Organizations Portland, Oregon, 97208–3621; toll-free Take notice that on October 19, 2004, telephone number 1–800–282–3713; fax Southwest Power Pool, Inc. (SPP), [RT01–99–000, RT01–99–001, RT01–99–002 number 503–230–5699; or e-mail submitted for filing a Notice of and RT01–99–003] [email protected]. Cancellation of an interconnection and Bangor Hydro-Electric Company, et al.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63146 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

[RT01–86–000, RT01–86–001 and RT01–86– (866) 208–3676 (toll free). For TTY, call Management Measures, WA, OR and 002] (202) 502–8659. CA. New York Independent System Summary: EPA expressed concerns Magalie R. Salas, Operator, Inc., et al. about projected exceedences for Secretary. [RT01–95–000, RT01–95–001 and RT01–95– optimum yields for canary and widow [FR Doc. E4–2906 Filed 10–28–04; 8:45 am] 002] rockfish, impacts on essential fish BILLING CODE 6717–01–P habitat, and the need to increase PJM Interconnection, L.L.C., et al. observer coverage for better accounting [RT01–2–000, RT01–2–001, RT01–2–002 and of bycatch. RT01–2–003] ENVIRONMENTAL PROTECTION ERP No. D–NOA–L99010–AK Rating PJM Interconnection, L.L.C. AGENCY LO, Pribilof Islands Setting for the [RT01–98–000] Annual Subsistence Harvest of Northern ISO New England, Inc. [ER–FRL–6657–2] Fur Seals, To Determine and Publish the Take Ranges, Pribilof Islands, AK. New York Independent System Environmental Impact Statements and Summary: EPA does not object to the Operator, Inc. Regulations; Availability of EPA proposed harvest levels or their [RT02–3–000] Comments associated impacts. Take notice that PJM Interconnection, ERP No. DS–TPT–K61154–CA Rating Availability of EPA comments LO, Presidio Trust Public Health Service L.L.C., New York Independent System prepared pursuant to the Environmental Operator, Inc. and ISO New England, Hospital (PUSH or Building 1801) at the Review Process (ERP), under Section Presidio of San Francisco (Area B) of Inc., have posted on their internet web 309 of the Clean Air Act and Section sites charts and information updating Presidio Trust Management Plan, To 102(2)(c) of the National Environmental Rehabilitate and Reuse Buildings, Gold their progress on the resolution of ISO Policy Act, as amended. Requests for seams. Gate National Recreation Area, San copies of EPA comments can be directed Francisco Bay, Marin County, CA. Comment Date: 5 p.m. eastern time on to the Office of Federal Activities at November 12, 2004. Summary: EPA had a lack of (202) 564–7167. objections to the project as proposed. Standard Paragraph An explanation of the ratings assigned to draft environmental impact Final EISs Any person desiring to intervene or to statements (EISs) was published in FR ERP No. F–AFS–J65375–MT Sheep protest this filing must file in dated April 2, 2004 (69 FR 17403). Creek Range Analysis, Grazing and accordance with Rules 211 and 214 of Draft EISs Special Use Allotments Reorganization, the Commission’s Rules of Practice and Grazing and Special Use Permits Procedure (18 CFR 385.211 and ERP No. D–NAS–K11114–HI Rating Issuance, Lewis and Clark National 385.214). Protests will be considered by EC2, Outrigger Telescopes Project, Forest, White Sulphur Springs Ranger the Commission in determining the Proposed for the W.M. Keck District, Meagher and Cascade Counties, appropriate action to be taken, but will Observatory Site within the Mauna Kea MT. not serve to make protestants parties to Science Reserve, Funding, Construction, Summary: EPA supports improved the proceeding. Any person wishing to Installation and Operation, Island of grazing management, but expressed become a party must file a notice of Hawaii. environmental concerns about intervention or motion to intervene, as Summary: EPA expressed concerns continued impacts to water quality from appropriate. Such notices, motions, or about the cumulative impacts to native delays in reducing grazing pressure protests must be filed on or before the Hawaiian cultural resources, visual (AUMs) on allotments with less than comment date. Anyone filing a motion resources, and species impacts, and properly functioning streams for 3–5 to intervene or protest must serve a copy asked for more information supporting years or longer. EPA recommends more of that document on the Applicant and the selection of the proposed timely implementation of grazing all parties to this proceeding. alternative. improvements, including AUM The Commission encourages ERP No. D–NOA–K91013–HI Rating reductions, on allotments with non- electronic submission of protests and EC2, Seabird Interaction Mitigation functioning and functioning-at-risk interventions in lieu of paper using the Methods, To Reduce Interaction with streams. ‘‘eFiling’’ link at http://www.ferc.gov. Seabird in Hawaii-Based Longline ERP No. F–AFS–L65372–AK Persons unable to file electronically Fishery and Pelagic Squid Fishery Threemile Timber Sale, should submit an original and 14 copies Management, To Establish an Effective Implementation, Petersburg Ranger of the protest or intervention to the Management Framework for Pelagic District, Tongass National Forest, AK. Federal Energy Regulatory Commission, Squid Fisheries, Fishery Management Summary: No comment letter was 888 First Street, N.E., Washington, D.C. Plan, Pelagic Fisheries of the Western sent to the preparing agency. 20426. Pacific Region, Exclusive Economic ERP No. F–AFS–L65373–AK Gravina This filing is accessible on-line at Zone of the U.S. and High Sea. Island Timber Sale, Implementation, http://www.ferc.gov, using the Summary: EPA expressed concerns Timber Harvest and Related Activities, ‘‘eLibrary’’ link and is available for over the impacts to seabirds associated Ketchikan-Misty Fiords Ranger District, review in the Commission’s Public with the preferred alternative, and Tongass National Forest, AK. Reference Room in Washington, DC. requested more information on the Summary: The Final EIS responded to There is an ‘‘eSubscription’’ link on the effects of the newly-established U.S. EPA’s concerns by developing a new web site that enables subscribers to squid fishery of protected species. alternative that combined helicopter receive email notification when a ERP No. D–NOA–L91025–00 Rating and land-based timber extraction and document is added to a subscribed EC2, 2005–2006 Pacific Coast selecting an alternative that is less docket(s). For assistance with any FERC Groundfish Fishery, Proposed damaging to riparian areas and greatly Online service, please email Acceptable Biological Catch and limited road access, protecting deer [email protected], or call Optimum Yield Specifications and habitat and intertidal areas which are

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63147

subsistence resources for native for Seagrass damaged in FKNMS waters, at: http://www.fs.fed.us/r4/wcnf/ Alaskans. EPA continues to have but requests that some issues be projects/decision/wpg. concerns about the adverse impacts to clarified in the NOAA ROD. EIS No. 040499, FINAL EIS, COE, AK, streams and wetlands, as well as Dated: October 26, 2004. Unalaska Navigation Improvements cumulative impacts from roads and Robert W. Hargrove, Project, Construction of Harbor on access to the roadless area. ERP No. F–AFS–L65452–ID South Director, NEPA Compliance Division, Office Amaknak Island in Aleutian Island Fork Wildfire Salvage Project, of Federal Activities. Chain, Locally known as ‘‘Little South Harvesting Fire-Killed and Imminently [FR Doc. 04–24251 Filed 10–28–04; 8:45 am] America, Integrated Feasibility Dead Trees, Cascade Ranger District, BILLING CODE 6560–50–P Report, Aleutian Island, AK, Wait Boise National Forest, Valley County, Period Ends: November 29, 2004, ID. Contact: Guy McConnell (907) 753– Summary: No comment letter was ENVIRONMENTAL PROTECTION 2614. AGENCY sent to the preparing agency. EIS No. 040500, DRAFT EIS, FHW, UT, ERP No. F–BLM–L65446–AK Alpine Brown Park Road Project, Satellite Development Plan, [ER–FRL–6657–1] Reconstruction (Paving) and Partial Construction and Operation of Five Oil Re-alignment from Red Creek to Production Pads, Associated Well, Environmental Impact Statements; Roads, Airstrips, Pipelines and Notice of Availability Colorado State Line, Diamond Powerlines, Authorization and Permits Mountain Resource Management Plan Responsible Agency: Office of Federal Amendment (BLM), U.S. Army COE Issuance, Northeast corner of the Activities, General Information (202) National Petroleum Reserve-Alaska, Section 404 Permit, Daggett County, 564–7167 or http://www.epa.gov/ UT, Comment Period Ends: December Colville River Delta, North Slope compliance/nepa/. Borough, AK. 17, 2004, Contact: Gregory S. Punske, Summary: EPA has environmental Weekly receipt of Environmental Impact P.E. (801) 963–0182. concerns about the Preferred Alternative Statements Filed October 18, 2004 Through October EIS No. 040501, FINAL EIS, COE, CA, (Alternative F). The Final EIS does not Hamilton City Flood Damage provide sufficient information, data, 22, 2004 Pursuant to 40 CFR 1506.9. Reduction and Ecosystem Restoration, analyses, or discussion to ensure that all Propose to Increase Flood Protection developmental components of the EIS No. 040495, FINAL EIS, AFS, MT, Fortine Project, To Implement and Restore the Ecosystem, Preferred Alternative will meet the Sacramento River, Glenn County, CA substantive environmental requirements Vegetation Management, Timber Wait Period Ends: November 29, 2004, of Clean Water Act Section 404. In Harvest and Fuel Reduction Contact: Alicia Kirchner (916) 557– addition, EPA has concerns about Activities, Kootenai National Forest, impacts from current road alignment Fortine Ranger District, Lincoln 6767. design, disturbance from access to County, MT, Wait Period Ends: EIS No. 040502, FINAL EIS, FHW, CT, production pads, the potential for November 29, 2004, Contact: Joleen CT–2/2A/32, Transportation violation of Special Condition 10 of the Dunham (406) 882–4451. Improvement Study, Construction, Corps Permit, erosion from pad EIS No. 040496, DRAFT SUPPLEMENT, Funding, Coast Guard Bridge Permit, sidesloped, lack of specific mitigation FHW, NC, Eastern Section of the NPDES Permit, COE Section 10 and measures, and insufficient 9 information Winston-Salem Northern Beltway, 404 Permit, New London County, CT, regarding air quality impacts. U.S. 52 south to I–40 Business and I– Wait Period Ends: November 29, 2004, 40 Business south to U.S. 311, ERP No. F–COE–L32011–AK Akutan Contact: Bradley Keazer (860) 659– Improvements to the Surface Harbor Navigation Improvements 6703. Project, Construction and Transportation Network, TIP Project Implementation, Bering Sea, City of Nos. U–2579 and U–2579A, Forsyth EIS No. 040503, FINAL EIS, COE, CA, Akutan, AK. County, NC, Comment Period Ends: Matilija Dam Ecosystem Restoration Summary: EPA agreed with U.S. January 5, 2005, Contact: John F. Feasibility Study, Restoring Army Corps’ conclusion that the project Sullivan, III, P.E. (919) 856–4346. Anadromous Fish Populations, would not violate Alaska’s water quality EIS No. 040497, FINAL SUPPLEMENT, Matilija Creek, Ventura River, Ventura standards or exceed the Akutan Harbor FHW, NC, Western Section of the County Watershed Protection District, TMDL load allocations. However, EPA Winston-Salem Northern Beltway, Ventura County, CA, Wait Period reiterated objections to the direct and U.S. 158 north to U.S. 52, TIP Nos. R– Ends: November 29, 2004, Contact: indirect effects on wetlands, and 2247, Forsyth County, NC, Wait Chris Serjack (213) 452–3865. Period Ends: November 29, 2004, requested that the Corps explore offsite Dated: October 26, 2004. beneficial use options to the stockpiling Contact: John F. Sullivan, III, P. (919) of dredged material in wetlands. EPA 856–4346. Robert W. Hargrove, also recommended that the Corps EIS No. 040498, FINAL EIS, AFS, UT, Director, NEPA Compliance Division, Office explore compensatory mitigation Wasatch Powerbird Guides Permit of Federal Activities. through wetland enhancements during Renewal, Authorization to Continue [FR Doc. 04–24252 Filed 10–28–04; 8:45 am] detailed project design. Providing Guided Helicopter Skiing BILLING CODE 6560–50–P ERP No. F–NOA–E39066–FL Activities on National Forest System Programmatic EIS—Seagrass Restoration (NFS) Land on the Wasatch-Cache in the Florida Keys National Marine and Uinta National Forests, Special- Sanctuary, Implementation, U.S. Army Use Permit (SUP), Provo and Salt COE Section 404 and CZMA Permits, Lake City, UT, Wait Period Ends: Monroe County, FL. November 29, 2004, Contact: Steve Summary: EPA continues to fully Scheid (801) 733–2689. This support the proposed restoration goals document is available on the Internet

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63148 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

ENVIRONMENTAL PROTECTION Matthews, EPA Office of the Science Disaster, is available on the Web at AGENCY Advisor, telephone (202) 564–6669 or e- www.epa.gov/ncea/wtc.htm). Numerous mail: [email protected]. additional studies by other Federal and [FRL–7831–4] SUPPLEMENTARY INFORMATION: State agencies, universities and other Eighth Meeting of the World Trade organizations have documented impacts I. WTC Expert Panel Meeting to both the outdoor and indoor Center Expert Technical Review Panel Information To Continue Evaluation on Issues environments and to human health. Relating to Impacts of the Collapse of Eastern Research Group, Inc., (ERG), While these monitoring and the World Trade Center Towers an EPA contractor, will coordinate the assessment activities were ongoing and WTC Expert Panel meeting. To attend the cleanup at Ground Zero itself was AGENCY: Environmental Protection the panel meeting as an observer, please occurring, EPA began planning for a Agency (EPA). register by visiting the Web site at: program to clean and monitor ACTION: Notice of meeting. http://www.epa.gov/wtc/panel. You may residential apartments. From June until also register for the meeting by calling December 2002, residents impacted by SUMMARY: The World Trade Center ERG’s conference registration line WTC dust and debris in an area of about Expert Technical Review Panel (or WTC between the hours of 9 a.m. and 5:30 1 mile by 1 mile south of Canal Street Expert Panel) will hold its eighth p.m. EST at (781) 674–7374 or toll free were eligible to request either federally- meeting intended to provide for greater at 1–800–803–2833, or by faxing a funded cleaning and monitoring for input on ongoing efforts to monitor the registration request to (781) 674–2906 airborne asbestos or monitoring of their situation for New York residents and (include full address and contact residences. The cleanup continued into workers impacted by the collapse of the information). Pre-registration is strongly the summer of 2003 by which time the World Trade Center (WTC). The panel recommended as space is limited, and EPA had cleaned and monitored 3,400 members will help guide the EPA’s use registrations are accepted on a first- apartments and monitored 800 of the available exposure and health come, first-served basis. The deadline apartments. Detailed information on this surveillance databases and registries to for pre-registration is November 10, portion of the EPA response is also characterize any remaining exposures 2004. Registrations will continue to be available at http://www.epa.gov/wtc/. and risks, identify unmet public health accepted after this date, including on- A critical component of needs, and recommend any steps to site registration, if space allows. There understanding long-term human health further minimize the risks associated will be a limited time at the meeting for impacts is the establishment of health with the aftermath of the WTC attacks. oral comments from the public. Oral registries. The WTC Health Registry is a The panel will meet several times over comments will be limited to five (5) comprehensive and confidential health the course of approximately two years. minutes each. If you wish to make a survey of those most directly exposed to These panel meetings will be open to statement during the observer comment the contamination resulting from the the public, except where the public period, please check the appropriate box collapse of the WTC towers. It is interest requires otherwise. Information when you register at the web site. Please intended to give health professionals a on the panel meeting agendas, bring a copy of your comments to the better picture of the health documents (except where the public meeting for the record or submit them consequences of 9/11. It was established interest requires otherwise), and public electronically via e-mail to by the Agency for Toxic Substances and registration to attend the meetings will [email protected], subject line: WTC. Disease Registry (ATSDR) and the New York City Department of Health and be available from an Internet Web site. II. Background Information EPA has established an official public Mental Hygiene (NYCDHMH) in docket for this action under Docket ID Immediately following the September cooperation with a number of academic No. ORD–2004–0003. 11, 2001, terrorist attack on New York institutions, public agencies and City’s World Trade Center, many federal community groups. Detailed DATES: The eighth meeting of the WTC agencies, including the EPA, were information about the registry can be Expert Panel will be held on November called upon to focus their technical and obtained from the registry Web site at: 15, 2004, from 9 a.m. to 5 p.m., eastern scientific expertise on the national http://www.nyc.gov/html/doh/html/wtc/ standard time. On-site registration will emergency. EPA, other federal agencies, index.html. begin at 8:30 a.m. New York City and New York State In order to obtain individual advice ADDRESSES: The WTC Expert Panel public health and environmental on the effectiveness of these programs, meeting will be held at St. John’s authorities focused on numerous unmet needs and data gaps, the EPA has University, Saval Auditorium, 101 cleanup, dust collection and ambient air convened a technical panel of experts Murray Street (between Greenwich monitoring activities to ameliorate and who have been involved with WTC Street and West Side Highway), New better understand the human health assessment activities. Dr. Paul Gilman, York City (Manhattan). The auditorium impacts of the disaster. Detailed EPA Science Advisor, serves as Chair of is located on the second floor of the information concerning the the panel, and Dr. Paul Lioy, Professor building and is handicap accessible. A environmental monitoring activities that of Environmental and Community government-issued identification (e.g., were conducted as part of this response Medicine at the Environmental and driver’s license) is required for entry. is available at the EPA Response to 9– Occupational Health Sciences Institute FOR FURTHER INFORMATION CONTACT: For 11 Web site at&thnsp;http:// of the Robert Wood Johnson Medical meeting information, registration and www.epa.gov/wtc/. School–UMDNJ and Rutgers University, logistics, please see the panel’s Web site In addition to environmental serves as Vice Chair. A full list of the http://www.epa.gov/wtc/panel or monitoring, EPA efforts also included panel members, a charge statement and contact ERG at (781) 674–7374. The toxicity testing of the dust, as well as operating principles for the panel are meeting agenda and logistical the development of a human exposure available from the panel Web site listed information will be posted on the Web and health risk assessment. This risk above. Panel meetings typically will be site and will also be available in hard assessment document, Exposure and one- or two-day meetings, and they will copy. For further information regarding Human Health Evaluation of Airborne occur over the course of approximately the WTC Expert Panel, contact Ms. Lisa Pollution from the World Trade Center a two-year period. Panel members will

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63149

provide individual advice on issues the An electronic version of the public approximately $8 million for remaining panel addresses. These meetings will docket is available through EPA’s sediment remedial action, some or all of occur in New York City and nearby electronic public docket and comment which may be funded by the PSR locations. All of the meetings will be system, EPA Dockets. You may use EPA Decree. EPA estimates that the total announced on the Web site and by a Dockets at http://www.epa.gov/edocket/ response costs incurred and to be Federal Register Notice, and they will to submit or view public comments, incurred at or in connection with the is be open to the public for attendance and access the index listing of the contents approximately $45 million. brief oral comments. of the official public docket, and to The Settling Parties’ liability for the The focus of the eighth meeting of the access those documents in the public Site arises in most significant part from WTC Expert Panel is to hear comments docket that are available electronically. releases from three storage tanks on a from panel members and the public on Once in the system, select ‘‘search,’’ small portion of the Site (approximately the External Review Draft entitled, Draft then key in the appropriate docket 2.3 acres of filled state-owned aquatic Proposed Sampling Program to identification number. lands within the approximately 25-acre Determine Extent of World Trade Center Site) leased to PSR by DNR. EPA has Dated: October 25, 2004. Impacts to the Indoor Environment determined that these releases (EPA/600/R–04/169A). The document Paul Gilman, contributed a minor portion of the total was published in the Federal Register EPA Science Advisor and Assistant of hazardous substances at the Site. The on October 21, 2004 (69 FR 61838) for Administrator for Research and Development. processing areas of the Site, including a 30-day public comment period. The [FR Doc. 04–24245 Filed 10–28–04; 8:45 am] the transfer table pit and wood-treating document is also available on the panel BILLING CODE 6560–50–P retorts, were and are on PSR property Web site identified earlier at: http:// and were where most releases occurred. www.epa.gov/wtc/panel. Written DNR also leased submerged aquatic comments on the draft sampling ENVIRONMENTAL PROTECTION lands owned by the State to PSR on proposal should be submitted to the AGENCY which PSR floated treated wood EPA by November 19, 2004. Please [FRL–7829–1] products which released comparatively follow the detailed instructions as small amounts of hazardous substances provided in the October 21, 2004 Proposed Administrative Settlement to water and sediment in Elliott Bay. Federal Register Notice for submitting Pursuant to the Comprehensive In September 2002, PSR and the Port written comments. EPA will consider all Environmental Response, of Seattle jointly sued the Settling comments in revising the document. At Compensation and Liability Act Parties and other potentially responsible the November 15 panel meeting, panel (‘‘CERCLA’’); Pacific Sound Resources parties in contribution in the Superior members will be asked to provide their (PSR); West Seattle, WA Court for the State of Washington under individual views regarding gaps on the Model Toxics Control Act potential health effects and additional AGENCY: Environmental Protection (‘‘MTCA’’), RCW 70.105D et seq. In May health studies that they have identified. Agency. 2004, the Settling Parties conditionally Further information on meetings of the ACTION: Request for public comment. agreed to settle these MTCA claims for WTC Expert Panel can be found at the $4.75 million to be divided equally panel Web site. SUMMARY: In accordance with the between the MTCA Plaintiffs. EPA Comprehensive Environmental stands as the sole beneficiary pursuant III. How To Get Information on E- Response, Compensation and Liability to the PSR Consent Decree of the DOCKET Act of 1980, as amended (‘‘CERCLA’’), settlement proceeds which would go to EPA has established an official public 42 U.S.C. 9601, et seq., as amended, PSR. This MTCA claims settlement is docket for this action under Docket ID notice is hereby given that the conditioned on this proposed No. ORD–2004–0003. The official public Environmental Protection Agency Agreement resolving the outstanding docket consists of the documents (‘‘EPA’’), the State of Washington CERCLA claims by EPA against the specifically referenced in this action, Department of Natural Resources Settling Parties. any public comments received, and (‘‘DNR’’) and the state of Washington By this proposed Agreement, Settling other information related to this action. (‘‘State’’) have negotiated a proposed Parties shall provide EPA with a Although a part of the official docket, Administrative Settlement maximum of 250,000 cubic yards of the public docket does not include (‘‘Agreement’’) pursuant to CERCLA, clean sediment (from navigation Confidential Business Information (CBI) with respect to the Pacific Sound dredging of the Snohomish, Swinomish, or other information whose disclosure is Resources (‘‘PSR’’) Superfund Site in or other rivers of the state of restricted by statute. The official public West Seattle, Washington (‘‘Site’’). Washington) necessary for the sediment docket is the collection of materials that The Site was listed on the Superfund remedial action at the Site. Further, EPA is available for public viewing at the National Priorities List (‘‘NPL’’) in 1994. has designed the sediment remedy for Office of Environmental Information Wood treating operations at the Site the Site to meet a 100-year earthquake (OEI) Docket in the Headquarters EPA date from the early 1900s to 1994, under or other disaster contingency, and has Docket Center, (EPA/DC) EPA West successive operators. Hazardous agreed that if such remedy failure Building, Room B102, 1301 Constitution substances, primarily wood treating occurs, it will be addressed by EPA Avenue, NW., Washington, DC 20460. chemicals, were released at or from the rather than by an Agency or The EPA Docket Center Public Reading Site. As a result, EPA has undertaken instrumentality of the state. Toward this Room is open from 8:30 a.m. to 4:30 response actions under CERCLA, and end, DNR shall also provide such p.m., Monday through Friday, excluding will undertake response actions in the quantity of clean sediment as EPA may legal holidays. The telephone number future, many of which have been or will require, not to exceed a maximum of for the Public Reading Room is (202) be funded by PSR as a responsible party 250,000 cubic yards, to address such a 566–1744, and the telephone number for pursuant to a 1994 PSR Consent Decree. remedy failure contingency, subject to the OEI Docket is (202) 566–1752; Outstanding EPA costs are sediment availability. Settling Parties facsimile: (202) 566–1753; or e-mail: approximately $3.5 million. Projected also agree that EPA may install, [email protected]. future remedial costs are estimated at maintain and monitor the remedial

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63150 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

action at the Site as EPA deems hereby given of a proposed FEDERAL COMMUNICATIONS necessary, including the installation and administrative settlement agreement COMMISSION maintenance of additional monitoring regarding partial recovery of costs wells beyond those presently on Site. incurred by EPA in implementing a Notice of Public Information DNR and the State shall receive legal removal action at the site of the former Collection(s) Being Reviewed by the protection for cleanup liability at the South Central Terminal oil refinery and Federal Communications Commission Site in the form of a covenant not to sue bulk storage facility near downstate for Extension Under Delegated from EPA. Pana, Illinois. EPA proposes to enter Authority DATES: Comments must be provided by into this agreement under the authority October 13, 2004. of sections 122(h) and 107 of CERCLA. November 29, 2004. SUMMARY: The Federal Communications The proposed agreement has been ADDRESSES: Comments should be Commission, as part of its continuing addressed to Sally Thomas, Remedial executed by three historical owner/ effort to reduce paperwork burden Project Manager, Environmental operators of the facility, Growmark, Inc., invites the general public and other Protection Agency, 1200 Sixth Avenue, Rosewood Refining, L.L.C., and Bi- Federal agencies to take this M/S–ECL–110, Seattle, Washington, Petro, Inc. (the ‘‘Settling Parties’’). opportunity to comment on the 98101, and refer to PSR Superfund Site, Under the proposed agreement, the following information collection(s), as Proposed Agreement with DNR and the Settling Parties will pay a total of required by the Paperwork Reduction state of Washington. $625,000 to reimburse the Superfund for Act (PRA) of 1995, Public Law 104–13. part of the $3.16 million incurred by An agency may not conduct or sponsor FOR FURTHER INFORMATION CONTACT: EPA in implementing the removal Sally Thomas at 206–553–2102. a collection of information unless it action at the facility. For thirty days displays a currently valid control SUPPLEMENTARY INFORMATION: The following the date of publication of this number. No person shall be subject to Environmental Protection Agency will notice, EPA will receive written any penalty for failing to comply with receive comments relating to the comments relating to the proposed a collection of information subject to the proposed Agreement for a period of agreement. EPA will consider all Paperwork Reduction Act (PRA) that thirty (30) days from the date of this comments received and may decide not does not display a valid control number. publication. to enter into the proposed agreement if Comments are requested concerning (a) Copies of the proposed Agreement comments disclose facts or whether the proposed collection of may be examined at the EPA Region 10 considerations which indicate that the information is necessary for the proper offices at 1200 Sixth Avenue, Seattle, agreement is inappropriate, improper or performance of the functions of the Washington, 98101. A Copy of the inadequate. Commission, including whether the proposed Consent Order may be DATES: Comments on the proposed information shall have practical utility; obtained by mail or in person from Ms. agreement must be received by EPA on (b) the accuracy of the Commission’s Thomas at the address listed above. or before November 29, 2004. burden estimate; (c) ways to enhance Dated: October 13, 2004. ADDRESSES: Comments should be the quality, utility and clarity of the Richard Albright, addressed to the Docket Clerk, U.S. information collected; and (d) ways to Acting Regional Administrator, Region 10. Environmental Protection Agency, minimize the burden of the collection of [FR Doc. 04–24244 Filed 10–28–04; 8:45 am] Region 5, 77 West Jackson Boulevard, information on the respondents, BILLING CODE 6560–50–P Chicago, Illinois 60604–3590, and including the use of automated should refer to: In the Matter of South collection techniques or other forms of Central Terminal, EPA Docket No. V– information technology. ENVIRONMENTAL PROTECTION W–’04–C–799. DATES: Written Paperwork Reduction AGENCY FOR FURTHER INFORMATION CONTACT: (PRA) comments should be submitted Reginald A. Pallesen, Associate on or before December 28, 2004. If you [FRL–7832–1] Regional Counsel, by mail at: U.S. anticipate that you will be submitting Proposed Agreement Pursuant to Environmental Protection Agency, comments, but find it difficult to do so Section 122(h)(1) of the Office of Regional Counsel (C–14J), 77 within the period of time allowed by Comprehensive Environmental West Jackson Boulevard, Chicago, this notice, you should advise the contact listed below as soon as possible. Response, Compensation, and Liability Illinois 60604–3590, or by phone at: Act (CERCLA) for the South Central (312) 886–0555. A copy of the proposed ADDRESSES: Direct all Paperwork Terminal Site Near Pana, IL administrative settlement agreement Reduction Act (PRA) comments to may be obtained in person or by mail Judith B. Herman, Federal AGENCY: Environmental Protection from the EPA’s Region 5 Office of Communications Commission, Room 1– Agency (EPA). Regional Counsel, 77 West Jackson C804, 445 12th Street, SW., Washington, ACTION: Notice and request for public Boulevard, Chicago, Illinois 60604– DC 20554 or via the Internet to Judith- comment on proposed CERCLA section 3590. Additional background [email protected]. 122(h)(1) agreement with three prior information relating to the settlement is FOR FURTHER INFORMATION CONTACT: For owner/operators regarding partial available for review at the EPA’s Region additional information or copies of the recovery of costs incurred by EPA in 5 Office of Regional Counsel. information collection(s), contact Judith implementing a removal action to Authority: The Comprehensive B. Herman at 202–418–0214 or via the address soil contamination, hazardous Environmental Response, Compensation, and Internet at [email protected]. liquids and sludges, and deteriorated Liability Act, as amended, 42 U.S.C. 9601– SUPPLEMENTARY INFORMATION: above-ground storage tanks, piping and 9675. OMB Control Number: 3060–0194. asbestos insulation at an abandoned oil Title: Section 74.21, Broadcasting Richard C. Karl, refinery near Pana, Illinois. Emergency Information. Director, Superfund Division, Region 5. Form No.: Not applicable. SUMMARY: In accordance with section [FR Doc. 04–24246 Filed 10–28–04; 8:45 am] Type of Review: Extension of a 122(i)(1) of CERCLA, notification is BILLING CODE 6560–50–P currently approved collection.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63151

Respondents: Business or other for- Form No.: Not applicable. services from 6/30 to 9/30 following the profit. Type of Review: Extension of a close of the funding year. Section Number of Respondents: 1. currently approved collection. 54.507(d) establishes a deadline for the Estimated Time per Response: 1 hour. Respondents: Business or other for- implementation of non-recurring Frequency of Response: On occasion profit. services for certain qualified applicants reporting requirement. Number of Respondents: 10. who are unable to complete Total Annual Burden: 1 hour. Estimated Time per Response: 7 implementation by the September 30 Total Annual Cost: Not applicable. hours. deadline. The rule provides schools and Privacy Act Impact Assessment: Not Frequency of Response: On occasion libraries with more time to install non- applicable. reporting requirement. recurring services. Needs and Uses: In the event of an Total Annual Burden: 10 hours. emergency, Section 74.21 requires that a Federal Communications Commission. Total Annual Cost: $11,000. Marlene H. Dortch, licensee of an auxiliary broadcast Privacy Act Impact Assessment: Not Secretary. station notify the FCC in Washington, applicable. DC, as soon as practical, when that Needs and Uses: Section 21.931 [FR Doc. 04–24273 Filed 10–28–04; 8:45 am] station is operated in a manner other permits a Basic Trading Area (BTA) to BILLING CODE 6712–01–P than that for which it is authorized. This enter into contracts with eligible parties notification shall specify the nature of to partition any contiguous portion of its FEDERAL COMMUNICATIONS the emergency and the use to which the service area. Under Section 21.931(a)(2), COMMISSION station is being put. The licensee shall applicants are required to submit also notify the FCC when the emergency partitioning contracts with the [CC Docket No. 92–105; DA 04–3219] operation has been terminated. These Commission within 30 days of the date notifications are used by FCC staff to the contracts are reached. These Parties Asked To Refresh Record evaluate the need and nature of the contracts will be submitted with one of Regarding Reconsideration of the emergency broadcast to confirm that an the following: (1) An Multipoint Designation by the Commission of 211 actual emergency existed. Distribution Service (MDS) long-term and 511 as Abbreviated Dialing Codes OMB Control Number: 3060–0660. application; (2) an application for AGENCY: Federal Communications Title: Section 21.937, Negotiated assignment or transfer; or (3) a statement Commission. Interference Protection. of intention. These collections have Form No.: Not applicable. separate OMB control numbers. These ACTION: Notice; solicitation of Type of Review: Extension of a partitioning contracts will facilitate the comments. currently approved collection. development of successful wireless SUMMARY: In this document, the Respondents: Business or other for- cable systems in rural areas and will profit. Commission invites interested parties to make the most efficient use of the refresh the record pertaining to petitions Number of Respondents: 75. available spectrum. The contracts Estimated Time per Response: 30 for reconsideration filed with respect to designate the specific geopolitical hours. the designation of 211 and 511 as boundaries used to partition the BTA. Frequency of Response: On occasion abbreviated dialing codes. The Commission will apply the same reporting requirement. DATES: Interested parties may file Total Annual Burden: 450 hours. MDS technical rules to partitioned service areas. supplemental comments updating their Total Annual Cost: $300,000. previously filed petitions for Privacy Act Impact Assessment: Not OMB Control Number: 3060–0992. reconsideration no later than November applicable. Title: Request for Extension of the 12, 2004. Oppositions or responses to Needs and Uses: Occurs at or within Implementation Deadline for Non- these comments may be filed no later the boundaries of an adjacent Basis Recurring Services, CC Docket No. 96– than November 19, 2004. Trading Area (BTA), partitioned service 45 (FCC 01–195) and 47 CFR Section ADDRESSES: Federal Communications area or an incumbent Multipoint 54.507(d)(1)–(4). Commission, 445 Twelfth Street, SW., Distribution Service (MDS) station’s Form No.: Not applicable. Washington, DC 20554. See protected service area, can be negotiated Type of Review: Extension of a SUPPLEMENTARY INFORMATION for further and established with the written currently approved collection. filing instructions. consent of the affected licensee. Thus, Respondents: Business or other for- Section 21.937 permits negotiated profit, and not-for-profit institutions. FOR FURTHER INFORMATION CONTACT: interference agreements among these Number of Respondents: 850. Marilyn Jones, Telecommunications parties. These written agreements must Estimated Time per Response: 1 hour. Access Policy Division, Wireline be submitted to the Commission within Frequency of Response: On occasion Competition Bureau, (202) 418–7400. thirty days of ratification. (These reporting requirement, and third party SUPPLEMENTARY INFORMATION: In a Public agreements are often included with the disclosure requirement. Notice in this proceeding released on submission of the FCC Form 304 Total Annual Burden: 850 hours. October 8, 2004, the Commission invites attached as Exhibits.) These agreements Total Annual Cost: Not applicable. interested parties to update the record allow the parties to establish acceptable Privacy Act Impact Assessment: Not pertaining to petitions for levels of interference based on design of applicable. reconsideration filed with respect to the their stations and service needs. These Needs and Uses: Section 54.507(d) designation of 211 and 511 as agreements are the most effective means provides additional time for recipients abbreviated dialing codes by the of regulating interference and they under the schools and libraries Commission in the Third Report and provide flexibility in designing MDS universal service support mechanism to Order in CC Docket No. 92–105, The systems. implement contracts or agreements with Use of N11 Codes and Other OMB Control Number: 3060–0661. service providers for non-recurring Abbreviated Dialing Arrangements (211/ Title: Section 21.931, Partitioning of services. Section 54.507(d) extends the 511 Assignment Order), 66 FR 9674, BTAs. deadline for receipt of non-recurring February 9, 2001.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63152 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

On July 31, 2000, the Commission multiple docket or rulemaking numbers Best Copy and Printing, Inc., Portals II, released the 211/511 Assignment Order. appear in the caption of this proceeding, 445 12th Street, SW., Room CY–B402, In this Report and Order, the however, commenters must transmit Washington, DC 20554, telephone 1– Commission, among other things, one electronic copy of the comments to 800–378–3160, or via e-mail http:// assigned the abbreviated dialing code each docket or rulemaking number www.bcpiweb.com. 511 to be used for access to traveler referenced in the caption. In completing This matter shall be treated as a information services, and the the transmittal screen, commenters ‘‘permit-but-disclose’’ proceeding in abbreviated dialing code 211 to be used should include their full name, U.S. accordance with the Commission’s ex for access to community information Postal Service mailing address, and the parte rules. See 47 CFR 1.1200, 1.1206. and referral services. Five petitions for applicable docket or rulemaking Persons making oral ex parte reconsideration of the 211/511 number. Parties may also submit an presentations are reminded that Assignment Order, as it applies to electronic comment by Internet e-mail. memoranda summarizing the CMRS providers, were filed. Because To get filing instructions for e-mail presentations must contain summaries the petitions for reconsideration were comments, commenters should send an of the substance of the presentations filed some time ago, the passage of time e-mail to [email protected], and should and not merely a listing of the subjects and intervening developments may have include the following words in the body discussed. More than a one- or two- rendered the records developed for of the message, ‘‘get form.’’ A sample sentence description of the views and those petitions stale. Moreover, some form and directions will be sent in arguments presented is generally issues raised in the petitions for reply. Parties who choose to file by required. See 47 CFR 1.1206(b). Other reconsideration may have become moot paper must file an original and four rules pertaining to oral and written ex or irrelevant in light of intervening copies of each filing. If more than one parte presentations in permit-but- events. docket or rulemaking number appears in disclose proceedings are set forth in For these reasons, the Wireline the caption of this proceeding, section 1.1206(b) of the Commission’s Competition Bureau requests that commenters must submit two additional rules, 47 CFR 1.1206(b). interested parties that filed petitions for copies for each additional docket or reconsideration following the release of rulemaking number. Dated: October 25, 2004. the 211/511 Assignment Order identify Parties who choose to file by paper Cheryl L. Callahan, issues from that order that remain must file an original and four copies of Assistant Chief, Wireline Competition Bureau. unresolved now and supplement those each filing. One (1) courtesy copy [FR Doc. 04–24271 Filed 10–28–04; 8:45 am] petitions, in writing, to indicate which should also be sent to Sheryl Todd, BILLING CODE 6712–01–P findings they still wish to be Wireline Competition Bureau, FCC, reconsidered. To the extent that Room 5–B540, 445 12th Street, SW., intervening events may have materially Washington, DC 20554. Filings can be FEDERAL COMMUNICATIONS altered the circumstances surrounding sent by hand or messenger delivery, by COMMISSION filed petitions or the relief sought by commercial overnight courier, or by filing parties, those entities may refresh first-class or overnight U.S. Postal [DA 04–3327] the record with new information or Service mail (although we continue to arguments related to their original experience delays in receiving U.S. Announcement of Next Meeting Date filings that they believe to be relevant to Postal Service mail). and Agenda of Consumer Advisory the issues. The previously filed The Commission’s contractor, Natek, Committee petitions will be deemed withdrawn Inc., will receive hand-delivered or and will be dismissed if parties do not messenger-delivered paper filings for AGENCY: Federal Communications indicate in writing an intent to pursue the Commission’s Secretary at 236 Commission. their respective petitions for Massachusetts Avenue, NE., Suite 110, ACTION: Notice; announcement of reconsideration. The refreshed record Washington, DC 20002. The filing hours meeting. will enable the Commission to at this location are 8 a.m. to 7 p.m. All undertake appropriate and expedited hand deliveries must be held together SUMMARY: This document announces the reconsideration of the implementation with rubber bands or fasteners. Any next meeting date and agenda of the of its 211 and 511 assignments. envelopes must be disposed of before Consumer Advisory Committee whose Interested parties may file entering the building. Commercial purpose is to make recommendations to supplemental comments updating their overnight mail (other than U.S. Postal the Federal Communications previously filed petitions for Service Express Mail and Priority Mail) Commission (Commission) regarding reconsideration no later than November must be sent to 9300 East Hampton consumer issues within the jurisdiction 12, 2004. Oppositions or responses to Drive, Capitol Heights, MD 20743. U.S. of the Commission and to facilitate the these comments may be filed no later Postal Service first-class mail, Express participation of consumers (including than November 19, 2004. All pleadings Mail, and Priority Mail should be people with disabilities and are to reference CC Docket No. 92–105. addressed to 445 12th Street, SW., underserved populations, such as Comments may be filed using: (1) The Washington, DC 20554. All filings must Native Americans and persons living in Commission’s Electronic Comment be addressed to the Commission’s rural areas) in proceedings before the Filing System (ECFS), (2) the Federal Secretary, Office of the Secretary, Commission. Government’s eRulemaking Portal, or (3) Federal Communications Commission. DATES: The next meeting of the by filing paper copies. See Electronic The original petitions for Committee will take place on Friday, Filing of Documents in Rulemaking reconsideration that parties filed in November 19, 2004, from 9 a.m. to 4 Proceedings, 63 FR 24121 (May 1, 1998). 2001 are available for inspection and Comments filed through the ECFS can copying during business hours at the p.m. be sent as an electronic file via the FCC Reference Information Center, ADDRESSES: Federal Communications Internet to http://www.fcc.gov/cgb/ecfs/. Portals II, 445 12th St., SW., Room CY– Commission, 445 12th Street, SW., Generally, only one copy of an A257, Washington, DC 20554. The Room TW–C305, Washington, DC electronic submission must be filed. If documents may also be purchased from 20554.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63153

FOR FURTHER INFORMATION CONTACT: the public will have an opportunity to Washington, DC 20405; e-mail, Scott Marshall, (202) 418–2809 (voice), address the Committee on issues of [email protected], telephone (202) 418–0179 (TTY) or e-mail: interest to them and the Committee. (202) 208–7642. [email protected]. Written comments for the Committee SUPPLEMENTARY INFORMATION: Briefings may also be sent to the Committee’s SUPPLEMENTARY INFORMATION: This is a by some agencies on their Fleet program summary of the Commission’s Public Designated Federal Officer, Scott to the General Services Administration Notice DA 04–3327 released October 21, Marshall. Vehicle Management Policy Division The meeting site is fully accessible to 2004. The Commission announced the have lacked assurance that the Fleet people using wheelchairs or other next meeting date and meeting agenda program, when replacing agency- mobility aids. Meeting agendas and of its Consumer Advisory Committee. ownedvehicles, under the Exchange/ handouts will be provided in accessible Sale provision of the FMR, has been Purpose and Functions format; sign language interpreters, open retaining the sale proceeds, as The purpose of the Committee is to captioning, and assistive listening prescribed in 41 CFRpart 102–39, for make recommendations to the devices will be provided on site. The purchasing replacement vehicles. Commission regarding consumer issues meeting will be webcast with open Dated: October 22, 2004. captioning at http://www.fcc.gov/cgb/ within the jurisdiction of the G. MARTIN WAGNER, Commission and to facilitate the cac. Request other reasonable accommodations for people with Associate Administrator,Office of participation of consumers (including Governmentwide Policy. people with disabilities and disabilities as early as possible; please GENERAL SERVICES underserved populations, such as allow at least 14 days advance notice. ADMINISTRATION Native Americans and persons living in Include a description of the rural areas) in proceedings before the accommodation you will need including [FMR Bulletin 2004–B6] Commission. as much detail as you can. Also include a way we can contact you if we need Federal Management Regulation; Motor Meeting Agenda more information. Last minute requests Vehicle Management At its November 19, 2004 meeting, the will be accepted, but may be impossible TO: Heads of Federal agencies Committee will (1) receive briefings by to fill. Send an e-mail to: [email protected] SUBJECT: Proceeds from Sale of FCC staff regarding Agency activities; or call the Consumer & Governmental Agency-Owned Vehicles 1. What is the purpose of this (2) receive a report and Affairs Bureau at (202) 418–0530 bulletin? This bulletin is a reminder for recommendations from its Broadband (voice), (202) 418–0432 (TTY). the Fleet programs of Federal agencies Working Group with regard to digital Federal Communications Commission. that when replacing agency-owned television and the Commission’s DTV K. Dane Snowden, vehicles under the Exchange/Sale outreach campaign; (3) Receive a report Chief, Consumer & Governmental Affairs provisions of the Federal Management and recommendations from its Bureau. Regulation (FMR), sale proceeds are consumer Complaints, Education and [FR Doc. 04–24272 Filed 10–28–04; 8:45 am] retainable as provided under and in Outreach working group regarding BILLING CODE 6712–01–P compliance with those provisions for improvements to the Commission’s purchasing replacement vehicles. quarterly report of informal complaints 2. What is the effective date of this and inquiries; (4) Receive a report and GENERAL SERVICES bulletin? This bulletin is effective recommendations from its competition ADMINISTRATION October 22, 2004. Policy working group regarding 3. When does this bulletin expire? [FMR Bulletin 2004–B6] consumer issues in competition policy; This bulletin will remain in effect until and (5) Receive a report and Federal Management Regulation; specifically cancelled. recommendations from its Homeland Motor Vehicle Management 4. What is the background? Briefings Security working group regarding by some agencies on their Fleet program emergency communications. The AGENCY: Office of Governmentwide to the General Services Administration Committee may also receive a Policy (MTV), GSA Vehicle Management Policy Division recommendation regarding renewal of ACTION: Notice of a bulletin. have lacked assurance that when the consumer advisory committee replacing agency-owned vehicles under charter and membership. The full SUMMARY: The attached bulletin reminds the Exchange/Sale provisions of the Committee may take action on any or all Fleet programs of Federal agencies that FMR, the Fleet program has been of these agenda items. The Committee when replacing agency-owned vehicles retaining the sale proceeds as prescribed will also receive a briefing on the latest under the Exchange/Sale provisions of in 41 CFR part 102–39, for purchasing wireless solutions for people who are the Federal Management Regulation replacement vehicles. As a source of blind or visually impaired. (FMR), sale proceeds are retainable as funding for replacement vehicles A copy of the October 21, 2004, Public provided under and in compliance with additional to other Fleet program Notice is available in alternate formats those provisions for purchasing funding, the availability of sale proceeds (Braille, cassette tape, large print or replacement vehicles. As a source of should not be overlooked. diskette) upon request. It is also posted funding for replacement vehicles 5. What must I do as a result of this on the Commission’s Web site at additional to other Fleet program bulletin? Within the Federal agencies, http://www.fcc.gov/cgb/cac. Meeting funding, the availability of sale proceeds when replacing agency-owned vehicles minutes will be available for public should not be overlooked. under the Exchange/Sale provisions of inspection at the FCC headquarters EFFECTIVE DATE: This bulletin is effective the FMR, Fleet and Finance programs building. October 22, 2004. need work together to ensure retention The Committee meeting will be open FOR FURTHER INFORMATION CONTACT: of sale proceeds as prescribed in 41 CFR to the public and interested persons Myles Schulberg, General Services part 102–39, for replacement vehicles. may attend the meeting and Administration, Office of 6. Who should we contact for further communicate their views. Members of Governmentwide Policy (MTV), information and/or to direct comments

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63154 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

regarding proceeds from sale of agency- [email protected]. Note: Although Time and Date: November 18, 2004, 9 owned vehicles? the meeting is open to the public, a.m.–5 p.m.; November 19, 2004, 8:30 a.m.– General Services procedures governing security 12:30 p.m. Administration,Office of procedures and the entrance to Federal Place: Hubert H. Humphrey Building, Governmentwide Policy,Vehicle Room 505A, 200 Independence Avenue, SW., buildings may change without notice. Washington, DC 20201. Management Policy Division Those wishing to attend the meeting Status: Open. (MTV),Washington, DC should call or e-mail Mr. Kaplan by Purpose: On the first day of this meeting 20405,Telephone Number: 202–501– November 11, 2004, so their name may the Subcommittee will hear presentations 1777,E-mail Address: be put on a list of expected attendees and hold discussions on privacy and [email protected]. and forwarded to the security officers at confidentiality issues in e-prescribing. On the [FR Doc. 04–24229 Filed 10–28–04; 8:45 am] HHS Headquarters. morning of the second day the Subcommittee will focus on the impact of the HIPAA BILLING CODE 6820–14–S SUPPLEMENTARY INFORMATION: On April Security Rule on current and emerging 22, 2004, we published a notice technologies in medical equipment. announcing the establishment of and For Further Information Contact: DEPARTMENT OF HEALTH AND requesting nominations for individuals Substantive program information as well as HUMAN SERVICES to serve on the Panel. The panel summaries of meetings and a roster of members are: Mark Pauly, Edwin committee members may be obtained from Office of the Assistant Secretary for Hustead, Alice Rosenblatt, Michael Amy Chapper, Lead Staff for Subcommittee Planning and Evaluation Chernew, David Meltzer, John Bertko, on Privacy and Confidentiality, Centers for and William Scanlon. Medicare and Medicaid Services, 7500 Medicare Program; Meeting of the Topics of the Meeting: The Panel is Security Boulevard, Baltimore, Maryland Technical Advisory Panel on Medicare 21244, telephone (410) 786–0367; or Marjorie specifically charged with discussing and Trustee Reports S. Greenberg, Executive Secretary, NCVHS, possibly making recommendations to National Center for Health Statistics, Centers AGENCY: Assistant Secretary for the Medicare Trustees on how the for Disease Control and Prevention, 3311 Planning and Evaluation, HHS. Trustees might more accurately estimate Toledo Road, Room 2402, Hyattsville, ACTION: Notice of meeting. the long term rate of health spending in Maryland 20782, telephone (301) 458–4245. the United States. The discussion is Information also is available on the NCVHS SUMMARY: This notice announces a expected to focus on highly technical home page of the HHS Web site: http:// public meeting of the Technical aspects of estimation involving www.ncvhs.hhs.gov/, where further Advisory Panel on Medicare Trustee economics and actuarial science. information including an agenda will be Reports (Panel). Notice of this meeting Panelists are not restricted, however, in posted when available. Should you require reasonable is given under the Federal Advisory the topics that they choose to discuss. Committee Act (5 U.S.C. App. 2, section accommodation, please contact the CDC Procedure and Agenda: This meeting Office of Equal Employment Opportunity on 10(a)(1) and (a)(2)). The Panel will is open to the public. Interested persons (301) 458–4EEO (4336) as soon as possible. discuss the long-term rate of change in may observe the deliberations and health spending and may make discussions, but the Panel will not hear Dated: October 19, 2004. recommendations to the Medicare public comments during this time. The James Scanlon, Trustees on how the Trustees might Commission will also allow an open Acting Deputy Assistant Secretary for Science more accurately estimate health public session for any attendee to and Data Policy, Office of the Assistant spending in the long run. The Panel’s address issues specific to the topic. Secretary for Planning and Evaluation. discussion is expected to be very [FR Doc. 04–24219 Filed 10–28–04; 8:45 am] Authority: 42 U.S.C. 217a; Section 222 of technical in nature and will focus on the the Public Health Services Act, as amended. BILLING CODE 4151–05–M actuarial and economic methods by The panel is governed by provisions of which Trustees might more accurately Public Law 92–463, as amended (5 U.S.C. measure health spending. Although Appendix 2), which sets forth standards for DEPARTMENT OF HEALTH AND panelists are not limited in the topics the formation and use of advisory HUMAN SERVICES they may discuss, the Panel is not committees. Centers for Disease Control and expected to discuss or recommend Dated: October 25, 2004. Prevention changes in current or future Medicare Michael J. O’Grady, provider payment rates or coverage Assistant Secretary for Planning and Statement of Organization, Functions, policy. Evaluation. and Delegations of Authority DATES: November 15, 2004, 8 a.m.–4 [FR Doc. 04–24170 Filed 10–28–04; 8:45 am] p.m. e.d.t. BILLING CODE 4150–05–P Part C (Centers for Disease Control ADDRESSES: The meeting will be held at and Prevention) of the Statement of HHS headquarters at 200 Independence Organization, Functions, and Ave., SW., 20201, Room 705A. DEPARTMENT OF HEALTH AND Delegations of Authority of the Comments: The meeting will allocate HUMAN SERVICES Department of Health and Human time on the agenda to hear public Services (45 FR 67772–76, dated National Committee on Vital and Health comments. In lieu of oral comments, October 14, 1980, and corrected at 45 FR Statistics: Meeting formal written comments may be 69296, October 20, 1980, as amended submitted for the record to Jacob Pursuant to the Federal Advisory most recently at 69 FR 60400, dated Kaplan, OASPE, 200 Independence Committee Act, the Department of October 8, 2004) is amended to Ave., SW., 20201, Room 447D. Those Health and Human Services (HHS) reorganize the Division of Global submitting written comments should announces the following advisory Migration and Quarantine, National identify themselves and any relevant committee meeting. Center for Infectious Diseases. organizational affiliations. Name: National Committee on Vital and Section C–B, Organization and FOR FURTHER INFORMATION CONTACT: Health Statistics (NCVHS) Subcommittee on Functions, is hereby amended as Jacob Kaplan at (202) 401–6119, Privacy and Confidentiality. follows:

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63155

Delete in its entirety the functional timekeeper coordination; (7) provides bio security and emerging infections; statement for the Division of Global budgeting and fiscal management for the and (12) administers Deratting Migration and Quarantine (CR2) and Division; (8) provides personnel support Certification program. insert the following: to the Division, both for Civil Service Delete the title and functional (1) Administers a national quarantine and Commissioned Corps employees, statement for the Surveillance and program to protect the United States and assures compliance with HRMO Epidemiology Branch (CRS23) and against the introduction of diseases from regulations for all personnel matters; insert the following: foreign countries and the transmission and (9) reviews and evaluates all Immigrant Refugee and Migrant of communicable disease between administrative services for both Health Branch (CRS23). (1) Develops states; (2) administers an overseas headquarters and Quarantine Stations and maintains surveillance systems for program for the medical examination of and provides policy procedures and infectious diseases among immigrant, immigrants, refugees, and as necessary guidance on such matters. refugee, and migrant populations other migrant populations destined for Delete in its entirety the title and entering the United States or designated legal entry to the U.S., with functional statement for the Field for resettlement in the United States; (2) inadmissible health conditions that Operations Branch (CR22) and insert the conducts infectious disease surveillance would pose a threat to public health and following: and epidemiological investigations in impose a burden on public health and Quarantine and Border Health communities along the U.S.-Mexico hospital facilities; (3) conducts Services Branch (CR22). (1) Develops border; (3) recommends appropriate, surveillance, research, and prevention and implements strategies to monitor for effective intervention and prevention programs to prevent minimize diseases of public health interest strategies to decrease morbidity and morbidity and mortality among the arriving persons, animals, cargo, and mortality among globally mobile globally mobile populations entering conveyances at ports of entry to the populations and to prevent entry of and leaving the United States; (4) United States and its possessions; (2) disease into the United States; (4) maintains liaison with and provides evaluates and revises public health performs epidemiologic investigations information on global migration and preparedness activities at airports, and scientific research projects related quarantine matters to other Federal seaports, and land crossings in the to health issues for immigrant, refugee, agencies, state and local health United States and its possessions; (3) and migrant populations; (5) develops, departments, and other stake holders; reviews operations to assure the reviews, and evaluates operations in the (5) provides liaison with international effective application of scientific data in United States and abroad involving health organizations, such as the Pan implementing programs to monitor the immigrant and refugee medical American Health Organization and the importation of quarantinable and other examination activities; (6) conducts World Health Organization, and specified diseases; (4) develops and enhanced refugee medical screening participates in the development of initiates surveillance and other public examinations; (7) responds to refugee international agreements affecting health activities at sea, air, and land resettlement emergencies, including the quarantine; (6) evaluates and provides ports of entry to the United States and provision of technical assistance technical support on the development its possessions; (5) trains and supervises regarding clinical management and and enforcement of policies necessary field staff in the epidemiologica, effective interventions to prevent and for implementation of federal technical, management, and control infectious diseases in this quarantine authority; (7) conducts administrative aspects of quarantine setting; (8) conducts a continuing studies to provide new information operations; (6) works cooperatively with review of medical screening procedures about health hazards abroad, measures other agencies and organizations in the to assure the most effective application for their prevention, and the potential United States and abroad to implement, of current medical practices; threat of disease introduction into the improve, and enhance division administers and monitors activities United States; and (8) provides logistic activities at ports of entry to the United related to the overseas and domestic support to other programs of the Centers States and its possessions; (7) provides medical examinations of immigrants for Disease Control and Prevention in technical consultation and public health and refugees, convening boards of the distribution of requested biological training to federal inspection services to medical officers to reexamine agents and movement of biological implement the division’s activities, immigrants and refugees, when specimens through U.S. ports of entry. apply CDC regulations on quarantine, necessary, and preparing, publishing, Delete in its entirety the functional and ensure appropriate occupational and distributing manuals for examining statement for the Office of the Director, safety and health protection for their physicians; (9) works cooperatively and (CR21) and insert the following: staff; (8) collaborates with State and in concert with other Federal and (1) Manages, directs, and coordinates local health departments to prevent international agencies, voluntary the activities of the Division; (2) transmission and spread of agencies, and foreign governments, both provides leadership in development of quarantinable diseases and other in the United States and abroad, in Division policy, program planning, diseases of public health significance administering the immigrant and implementation, and evaluation; (3) associated with travel; (9) monitors refugee medical screening program; (10) identifies needs and resources for new arriving immigrants and refugees at establishes, maintains, and evaluates initiatives and assigns responsibilities ports of entry to the United States and medical inspection and notification for their development; (4) coordinates its possessions and notifies State health procedures regarding immigrants and liaison with other Federal agencies, departments on identified health refugees, providing coordination and State and local health departments, and conditions; (10) provides logistic liaison with local and state health interested industries; (5) coordinates support to other CDC programs and departments on the follow-up of those liaison with international health expedites the movement of persons, with serious disease or mental organizations; (6) provides clinical specimens, lifesaving problems, in particular notifiable administrative services, including medications, and other materials diseases such as tuberculosis; (11) procurement, property and supply through federal security; (11) serves as establishes and maintains procedures to management, travel arrangements, space CDC’s representative at U.S. ports of process requests for waivers of and facilities maintenance, and entry for operational issues related to inadmissible medical conditions; (12)

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63156 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

provides scientific and technical Dated: October 19, 2004. or requirements that members of the support to the operation and regulatory William H. Gimson, public submit reports, keep records, or responsibilities of the Division; and (13) Chief Operating Officer, Centers for Disease provide information to a third party. provides liaison and coordination of Control and Prevention (CDC). Section 3506(c)(2)(A) of the PRA (44 efforts with counterparts in other [FR Doc. 04–24213 Filed 10–28–04; 8:45 am] U.S.C. 3506(c)(2)(A)) requires Federal divisions and centers of CDC, as well as BILLING CODE 4160–18–M agencies to provide a 60-day notice in national and international agencies the Federal Register concerning each involved in addressing and preventing proposed collection of information, infectious diseases among globally DEPARTMENT OF HEALTH AND including each proposed extension of an mobile populations. HUMAN SERVICES existing collection of information, before submitting the collection to OMB Geographic Medicine and Health Food and Drug Administration for approval. To comply with this Promotion Branch (CR24). (1) Through [Docket No. 2004N–0436] requirement, FDA is publishing notice the GeoSentinel Network develops of the proposed collection of geographic-specific infectious disease Agency Information Collection information set forth in this document. risk profiles among mobile populations; Activities: Proposed Collection; With respect to the following (2) coordinates and provides Comment Request; Medical Device collection of information, FDA invites immunization data and recommends Registration and Listing comments on: (1) Whether the proposed appropriate and effective intervention collection of information is necessary and prevention strategies to decrease AGENCY: Food and Drug Administration, for the proper performance of FDA’s morbidity and mortality among HHS. functions, including whether the international travelers; (3) develops and ACTION: Notice. information will have practical utility; issues vaccination documents and (2) the accuracy of FDA’s estimate of the SUMMARY: validation stamps in accordance with The Food and Drug burden of the proposed collection of Administration (FDA) is announcing an the International Health Regulations; (4) information, including the validity of opportunity for public comment on the conducts surveillance for and assists in the methodology and assumptions used; proposed collection of certain investigations of adverse events (3) ways to enhance the quality, utility, information by the agency. Under the following administration of traveler and clarity of the information to be Paperwork Reduction Act of 1995 (the collected; and (4) ways to minimize the vaccines; (5) alerts appropriate disease- PRA), Federal agencies are required to burden of the collection of information specific CDC programs about possible publish notice in the Federal Register on respondents, including through the imported cases if disease and supports concerning each proposed collection of use of automated collection techniques, the relevant program to investigate these information, including each proposed when appropriate, and other forms of events; (6) monitors and analyzes extension of an existing information information technology. reports of health threats overseas and collection, and to allow 60 days for issues travel notices, alerts and advisors public comment in response to the Medical Device Registration and when appropriate; (7) notifies the World notice. This notice solicits comments on Listing—21 CFR Parts 807.22, 807.31, and 807.40 (OMB Control No. 0910– Health Organization of the incidence of information collection requirements for 0387—Extension) quarantinable diseases in the United medical device registration and listing. States, as required by the International DATES: Submit written and electronic Section 510 of the Federal Food, Drug, Health Regulations; (8) inspects comments on the collection of and Cosmetic Act (the act) (21 U.S.C. shipments of nonhuman primates to information by December 28, 2004. 360) requires domestic establishments engaged in the manufacture, ensure compliance with CDC ADDRESSES: Submit electronic preparation, propagation, compounding, regulations regarding quarantine, comments on the collection of assembly, or processing of medical conditions of shipment and information to: http://www.fda.gov/ occupational safety and health of devices intended for human use and dockets/ecomments. Submit written commercial distribution register their employees exposed to primates; (9) comments on the collection of works to decrease the risk of importing establishments and list the devices they information to the Dockets Management manufacture with FDA. This is zoonotic diseases of public health Branch (HFA–305), Food and Drug significance to humans via animals and accomplished by completing FDA Form Administration, 5630 Fishers Lane, rm. 2891 ‘‘Registration of Device cargo; (10) performs epidemiologic 1061, Rockville, MD 20852. All Establishment’’ and FDA Form 2892 investigations and scientific research comments should be identified with the ‘‘Medical Device Listing.’’ The term projects among U.S. travelers and docket number found in brackets in the ‘‘device’’ is defined in section 201(h) of imported animals; (11) periodically heading of this document. the act (21 U.S.C. 321) and includes all conducts active surveillance for FOR FURTHER INFORMATION CONTACT: in vitro diagnostic products and in vitro infectious diseases among imported Peggy Robbins, Office of Management diagnostic biological products not animals; (12) provides scientific and Programs (HFA–250), Food and Drug subject to licensing under section 351 of technical support to the operation and Administration, 5600 Fishers Lane, the Public Health Service Act (42 U.S.C. regulatory responsibilities of the Rockville, MD 20857, 301–827–1223. 262). The FDA Modernization Act of Division; and (13) provides liaison and SUPPLEMENTARY INFORMATION: Under the 1997 (FDAMA) added a requirement for coordination of efforts with counterparts PRA (44 U.S.C. 3501–3520), Federal foreign establishments to appoint a in other divisions of CDC, state and agencies must obtain approval from the United States agent and submit the local health authorities, the travel Office of Management and Budget information to FDA on Form 2891 as industry, as well as national and (OMB) for each collection of part of its initial and updated international agencies involved in information they conduct or sponsor. registration information. In addition, addressing and preventing infectious ‘‘Collection of information’’ is defined each year, active, registered diseases among international travelers in 44 U.S.C. 3502(3) and 5 CFR establishments must notify FDA of and translocated animals. 1320.3(c) and includes agency requests changes to the current registration and

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63157

device listing for the establishment. discard labeling and advertisements effectively allocate FDA’s field Annual changes to current registration from the file 3 years after the date of the resources for these inspections and to information are preprinted on FDA last shipment of a discontinued device identify the class of the device that Form 2891a and sent to registered by an owner or operator. Along with the determines the inspection frequency. establishments. The form must be sent recordkeeping requirements above, the When complications occur with a back to FDA’s Center for Devices and owner or operator must be prepared to particular device or component, Radiological Health, even if no changes submit to FDA all labeling and manufacturers of similar or related have occurred. Changes to listing advertising mentioned above devices can be easily identified. information are submitted on Form (§ 807.31(e)). The likely respondents to this 2892. Section 807.40 describes the role of Under § 807.31 (21 CFR 807.31), each the United States agent. The U.S. agent information collection will be domestic owner or operator is required to must reside or have a physical place of and foreign device establishments and maintain an historical file containing business in the United States, and each U.S. agents who must register and the labeling and advertisements in use foreign establishment must submit U. S. submit a device list to FDA (e.g., on the date of initial listing, and in use agent information as part of its initial establishments engaged in the after October 10, 1978, but before the and updated registration process. manufacture, preparation, propagation, date of initial listing. The owner or The information collected through compounding, assembly, or processing operator must maintain in the historical these provisions is used by FDA to of medical devices intended for human file any labeling or advertisements in identify firms subject to FDA’s use and commercial distribution). which a material change has been made regulations and is used to identify FDA estimates the burden of this anytime after initial listing, but may geographic distribution in order to collection of information as follows:

ESTIMATED ANNUAL REPORTING BURDEN TABLE 1A.—ESTIMATED YEAR 1 ANNUAL REPORTING BURDEN1

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

807.22(a) and 2891 2,900 1 2,900 .25 725 807.40 Establishment of Reg- istration

807.22(b) 2892 Medical Device List- 4,400 1 4,400 .50 2,200 ing

807.22(a) and 2891a Annual Registra- 25,100 1 25,100 .25 6,275 807.40 tion of Medical Device Establish- ment

807.31(e) 200 1 200 .50 100

Total Year 1 9,300 Burden Hours 1There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 1B.—ESTIMATED SUBSEQUENT YEARS ANNUAL REPORTING BURDEN1

No. of Annual Fre- Total Annual Hours Per 21 CFR Section FDA Form No. Respondents quency of Re- Responses Response Total Hours sponse

807.22(a) and 2891 Registration of 3,100 1 3,100 .25 775 807.40 Establishment

807.22(b) 2892 Medical Device List- 4,600 1 4,600 .50 2,300 ing

807.22(a) and 2891a Annual Registra- 25,100 1 25,100 .25 6,275 807.40 tion of Medical Device Establish- ment

807.31(e) 200 1 200 .50 100

Total Year 2 9,450 and 3 Burden Hours 1There are no capital costs or operating and maintenance costs associated with this collection of information.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63158 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

Annual Frequency Hours Per Record- 21 CFR Section No. of Recordkeepers per Recordkeeper Total Annual Records keeper Total Hours

807.31 16,200 4 64,800 .50 32,400

Total Burden Hours 32,400 1The burdens are explained as follows:

The annual reporting burden hours to Name of Committee: Neurological an indication of the approximate time respondents for registering Devices Panel of the Medical Devices requested to make their presentation. establishments and listing devices is Advisory Committee. Closed Committee Deliberations: On estimated to be 9,450 hours, and General Function of the Committee: November 30, 2004, from 8 a.m. to 8:30 recordkeeping burden hours for To provide advice and a.m., the meeting will be closed to respondents is estimated to be 32,400 recommendations to the agency on permit FDA to present to the committee hours. The estimates cited in the tables FDA’s regulatory issues. trade secret and/or confidential above are based primarily upon the Date and Time: The meeting will be commercial information (5 U.S.C. annual FDA accomplishment report, held on November 30, 2004, from 8 a.m. 552b(c)(4)) relating to pending issues which includes actual FDA registration to 5 p.m. and applications. and listing figures from fiscal year (FY) Location: Hilton Washington DC Persons attending FDA’s advisory 2003. These estimates are also based on North/Gaithersburg, Salons A, B, and C, committee meetings are advised that the FDA estimates of FY 2003 data from 620 Perry Pkwy., Gaithersburg, MD. agency is not responsible for providing current systems, conversations with Contact Person: Janet L. Scudiero, access to electrical outlets. industry and trade association Center for Devices and Radiological FDA welcomes the attendance of the representatives, and from internal Health (HFZ–410), Food and Drug public at its advisory committee review of the documents referred to in Administration, 9200 Corporate Blvd., meetings and will make every effort to the previous tables. Rockville, MD 20850, 301–594–1184, or accommodate persons with physical According to 21 CFR part 807, all FDA Advisory Committee Information disabilities or special needs. If you owners/operators are required to list, Line, 1–800–741–8138 (301–443–0572 require special accommodations due to and establishments and U.S. agents are in the Washington, DC area), code a disability, please contact AnnMarie required to register. Each owner/ 3014512513. Please call the Information Williams, Conference Management operator has an average of two Line for up-to-date information on this Staff, at 301–594–1283, ext. 113 at least establishments, according to statistics meeting. 7 days in advance of the meeting. gathered from FDA’s registration and Agenda: The committee will discuss, Notice of this meeting is given under listing database. The database has make recommendations, and vote on the Federal Advisory Committee Act (5 25,100 active establishments listed in it. premarket approval application for a U.S.C. app. 2). Based on past experience, the agency device intended for use as an adjunct to sutured dural repair during cranial Dated: October 22, 2004. anticipated that approximately 7,300 Sheila Dearybury Walcoff, registrations will be processed during surgery to provide watertight closure. Background information for the topic, Associate Commissioner for External the first year, and 3,100 thereafter. FDA Relations. anticipates reviewing 200 historical files including the agenda and questions for [FR Doc. 04–24191 Filed 10–28–04; 8:45 am] annually. the committee, will be available to the public 1 business day before the BILLING CODE 4160–01–S Dated: October 22, 2004. meeting on the Internet at http:// Jeffrey Shuren, www.fda.gov/cdrh/panelmtg.html. Assistant Commissioner for Policy. Procedure: On November 30, 2004, DEPARTMENT OF HEALTH AND [FR Doc. 04–24192 Filed 10–28–04; 8:45 am] from 8:30 a.m. to 5 p.m., the meeting HUMAN SERVICES BILLING CODE 4160–01–S will be open to the public. Interested Food and Drug Administration persons may present data, information, or views, orally or in writing, on issues DEPARTMENT OF HEALTH AND pending before the committee. Written [Docket No. 2004D–0453] HUMAN SERVICES submissions may be made to the contact Draft Revised Compliance Policy person by November 9, 2004. Oral Food and Drug Administration Guide ‘‘Sec. 560.400—Imported Milk presentations from the public will be and Cream—Federal Import Milk Act Neurological Devices Panel of the scheduled for approximately 30 minutes (CPG 7119.05);’’ Availability Medical Devices Advisory Committee; at the beginning of committee Notice of Meeting deliberations and for approximately 30 AGENCY: Food and Drug Administration, minutes near the end of the HHS. AGENCY: Food and Drug Administration, deliberations. Time allotted for each ACTION: Notice. HHS. presentation may be limited. Those ACTION: Notice. desiring to make formal oral SUMMARY: The Food and Drug presentations should notify the contact Administration (FDA) is announcing the This notice announces a forthcoming person before November 9, 2004, and availability of a draft revision of the meeting of a public advisory committee submit a brief statement of the general compliance policy guide (CPG) entitled of the Food and Drug Administration nature of the evidence or arguments ‘‘Sec. 560.400—Imported Milk and (FDA). At least one portion of the they wish to present, the names and Cream—Federal Import Milk Act.’’ The meeting will be closed to the public. addresses of proposed participants, and draft CPG provides guidance on the

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63159

applicability of the Federal Import Milk FDA does not intend to require a Dated: October 22, 2004. Act (FIMA) to imported milk and cream. FIMA permit for the following dairy John Marzilli, DATES: Submit written or electronic products: • Acting Associate Commissioner for comments on the draft revised CPG by Sour cream, cultured milk, acidified Regulatory Affairs. November 29, 2004. General comments milk, yogurt, cheese, ice cream, and [FR Doc. 04–24153 Filed 10–28–04; 8:45 am] on agency guidance documents are eggnog. • BILLING CODE 4160–01–S welcome any time. Dried milk, nonfat dry milk, nonfat ADDRESSES: Submit written requests for dry milk fortified with vitamins A and single copies of the draft revision of the D, and other dehydrated milk products. DEPARTMENT OF HEALTH AND • Any dairy product for which a CPG entitled ‘‘Sec. 560.400—Imported HUMAN SERVICES permit is otherwise required, if it has Milk and Cream—Federal Import Milk been processed and packaged in Act’’ to the Division of Compliance National Institutes of Health hermetically sealed containers so as to Policy (HFC–230), Office of be commercially sterile in accordance Enforcement, Food and Drug Proposed Data Collection; Comment with the requirements of 21 CFR 108.35 Administration, 5600 Fishers Lane, Request Survey of Colorectal Cancer and 21 CFR part 113. Rockville, MD 20857. Send two self- Screening Policies, Programs, and FDA has adopted good guidance addressed adhesive labels to assist that Systems in U.S. Health Plans practices (GGPs) that set forth the office in processing your request, or fax agency’s policies and procedures for the your request to 240–632–6861. See the SUMMARY: In compliance with the development, issuance, and use of SUPPLEMENTARY INFORMATION section for provisions of section 3506(c)(2)(A) of guidance documents (21 CFR 10.115). electronic access to the document. the Paperwork Reduction Act of 1995, The draft guidance is being issued as a Submit written comments to the for opportunity for public comments on level 1 draft guidance consistent with Division of Dockets Management (HFA– proposed data collection projects, the GGPs. The draft revised CPG represents 305), Food and Drug Administration, National Institutes of Health (NIH), the agency’s current thinking on the 5630 Fishers Lane, rm. 1061, Rockville, National Cancer Institute (NCI) will applicability of the FIMA to imported MD 20852. Submit electronic comments publish periodic summaries of proposed milk and cream. It does not create or to http://www.fda.gov/dockets/ projects to be submitted to the Office of confer any rights for or on any person ecomments. Management and Budget for review and and does not operate to bind FDA or the approval. FOR FURTHER INFORMATION CONTACT: public. An alternative approach may be Esther Lazar, Center for Food Safety and used if such approach satisfies the Proposed Collection: Title: Survey of Applied Nutrition (HFS–306), Food and requirements of the applicable statues Colorectal Cancer Screening Policies, Drug Administration, 5100 Paint Branch and regulations. Programs, and Systems in U.S. Health Pkwy., College Park, MD 20740–3835, Plans. Type of Information Collection 301–436–1485, FAX: 301–436–2632. II. Comments Request: New. Need and Use of SUPPLEMENTARY INFORMATION: Interested persons may submit to the Information Collection: This study will Division of Dockets Management (see obtain information on policies, I. Background ADDRESSES) written or electronic programs, and practices for colorectal The FIMA (21 U.S.C. 141 et seq.) comments regarding this document. cancer screening among health plans in prohibits the importation into the Submit a single copy of electronic the U.S. The purpose of the study is to United States of milk and cream without comments or two paper copies of any assess (1) Health plan policies, a valid permit from the Secretary of mailed comments, except that programs, and practices for colorectal Health and Human Services. FDA is individuals may submit one paper copy. cancer screening; (2) health plan revising the CPG to clarify and update Comments are to be identified with the activities in response to the National its policy regarding which dairy docket number found in brackets in the Committee on Quality Assurance’s new products require permits under the heading of this document. Received Health Employer Data Information Set FIMA. As explained in the draft CPG, comments may be seen in the Division measure for colorectal cancer screening; FDA intends to consider the following of Dockets Management between 9 a.m. and (3) characteristics of health plans dairy products to be subject to the and 4.p.m., Monday through Friday. and plan policies and activities that may FIMA’s permit requirement for be associated with higher rates of importation into the United States: III. Electronic Access colorectal cancer screening. A • Milk, lowfat milk, skim milk, A copy of the draft revised CPG may questionnaire will be administered by fortified milk, flavored milk, be downloaded to a personal computer mail or Internet using a national sample concentrated milk, evaporated milk, with access to the Internet. The Office of health plans. Study participants will sweetened condensed milk, ultra of Regulatory Affairs home page be health plan medical directors or filtered milk. includes the draft revised CPG and may administrators, and they will select their • Cream, half-and-half, heavy cream, be accessed at http://www.fda.gov/ora preferred response mode. Burden light cream, and light whipping cream. under ‘‘Compliance Reference.’’ estimates are as follows:

Estimated num- Average burden Estimated total Estimated number respondents ber responses hours per re- annual burden per respondent sponse hours

520 ...... 1 0.333 173

Request for Comments: Written on one or more of the following points: performance of the functions of the comments and/or suggestions from the (a) Whether the proposed collection of agency, including whether the public and affected agencies are invited information is necessary for the information shall have practical utility;

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63160 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

(b) the accuracy of the agency’s estimate Mouse Monoclonal Antibody (4G11) 1,3-bis(2-chloroethyl)-1-nitrosouria or of the burden of the proposed collection Against Insulin-Like Growth Factor I temozolomide. of information; (c) ways to enhance the Receptor Transcytosis of Adeno-Associated quality, utility, and clarity of the Peter Nissley, Peta-Gay Jackson-Booth, Viruses information to be collected; and (d) Cheryl Terry, Brett Lackey, Martyna ways to minimize the burden of the John A. Chiorini and Giovanni Di Lopaczynska (NCI) collection of information on Pasquale (NIDCR) DHHS Reference No. E–342–2004/0– respondents, including through the use U.S. Provisional Application filed 08 US–01 of automated collection techniques or Sep 2004 (DHHS Reference No. E– other forms of information technology. Licensing Contact: John Stansberry; 298–2004/0–US–01) (301) 435–5236; Licensing Contact: Jesse Kindra; (301) FOR FURTHER INFORMATION CONTACT: [email protected]. 435–5559; [email protected]. Send comments to Carrie N. Klabunde, The insulin-like growth factor I Ph.D., Epidemiologist, National Cancer The invention relates to a method for receptor (IGF–IR) is emerging as a delivering nucleic acids to a variety of Institute, EPN 4005, 6130 Executive molecular target for cancer treatment. Boulevard, Bethesda, Maryland 20892– cells including those of the gut, kidney, Prospective studies in humans provide lung and central nervous system. The 7344. Telephone: (301) 402–3362; Fax: evidence for a relationship between (301) 435–3710 E-mail: [email protected]. underlying cells of such organs are circulating levels of both IGF–I and IGF covered by a barrier of endothelial or Comments Due Date: Comments binding protein 3 (IGFBP–3) and the epithelial cells which can limit the regarding this information collection are risk for the development of cancers of transfer of nucleic acids, or other best assured of having their full effect if the prostate, breast, lung, and colon. potentially therapeutic agents, to the received within 60-days of the date of Many human cancers express or over- underlying target cells. To overcome this publication. express components of the IGF signaling this limitation, the method employs Dated: October 18, 2004 pathway, in particular IGF–II and the certain members of the parvovirus IGF–I receptor. This technology Rachelle Ragland-Green, family to transcytose the barrier cells. describes a mouse monoclonal antibody During transcytosis, the virus passes NCI Project Clearance Liaison, National that binds the insulin-like growth factor Institutes of Health. through these barrier cells and can I receptor. The IGF–IR monoclonal [FR Doc. 04–24165 Filed 10–28–04; 8:45 am] infect cells of the underlying layer. antibody 4G11 blocks binding of IGF–I Therefore, this method could facilitate BILLING CODE 4140–01–M to its receptor and promotes down the transfer of nucleic acids to cells that regulation of the receptor in MCF–7 currently available viral vectors are breast cancer cells, MG–63 unable to reach. DEPARTMENT OF HEALTH AND osteosarcoma cells and a panel of colon HUMAN SERVICES The method could be applied to the cancer cells. Additionally, 4G11 treatment of neurodegenerative diseases National Institutes of Health stimulated down-regulation of the IGF– such as Parkinson’s, Alzheimer’s, I receptors in MCF–7 cells results in Huntington’s, lysosomal storage Government-Owned Inventions; inhibition of Akt and MAPK activation diseases, the dominant spinal cerebellar Availability for Licensing by IGF–I. This monoclonal antibody has ataxias, and Krabbe’s disease without utility as a laboratory reagent for the need for stereotactic injection. The AGENCY: National Institutes of Health, immunoprecipitations, and as an method could potentially also be used Public Health Service, DHHS. inhibitor of the IGF–I signaling in the treatment of genetic muscle pathway. A humanized form of disorders such as muscular dystrophy. ACTION: Notice. monoclonal antibody 4G11 would Several of the viruses described in the potentially have utility as a therapeutic invention are serologically distinct and SUMMARY: The inventions listed below to treat a variety of cancers in which could be used in patients who have are owned by an agency of the U.S. IGF–IR signaling has been shown to be developed an immune response to other Government and are available for important. This research is partially vectors. licensing in the U.S. in accordance with described in Horm Metab Res 2003; 35: 35 U.S.C. 207 to achieve expeditious 850–856. Multimeric Protein Toxins to Target commercialization of results of Cells Having Multiple Identifying federally-funded research and Beta-Glucuronidase Cleavable Prodrugs Characteristics development. Foreign patent of O6-Alkylguanine-DNA Alkyltransferase Inactivators Stephen Leppla (NIAID), Shi-hui Liu applications are filed on selected (NIAID), and Thomas Bugge (NIDCR) inventions to extend market coverage Robert C. Moschel et al. (NCI) U.S. Provisional Application No. 60/ for companies and may also be available U.S. Provisional Application filed 08 543,417 filed 09 Feb 2004 (DHHS for licensing. Sep 2004 (DHHS Reference No. E– Reference No. E–059–2004/0–US–01) ADDRESSES: Licensing information and 307–2004/0–US–01) Licensing Contact: Brenda Hefti; (301) copies of the U.S. patent applications Licensing Contact: George Pipia; (301) 435–4632; [email protected]. listed below may be obtained by writing 435–5560; [email protected]. This technology relates to multimeric to the indicated licensing contact at the The present invention relates to bacterial protein toxins which can be Office of Technology Transfer, National prodrugs of inactivators of O6- used to specifically target cells. Institutes of Health, 6011 Executive alkylguanine-DNA alkyltransferase. The Specifically, this is a modified Boulevard, Suite 325, Rockville, prodrugs are cleaved by the beta- recombinant anthrax toxin protective Maryland 20852–3804; telephone: (301) glucuronidase enzyme found in tumor antigen (PrAg) that has been modified in 496–7057; fax: (301) 402–0220. A signed cells or co-administered to the patient, several ways. First, the PrAg can be Confidential Disclosure Agreement will and the drugs are targeted for use in activated both by a metalloproteinase be required to receive copies of the cancer treatment in combination with (MMP) and by urokinase plasminogen patent applications. antineoplastic alkylating agent such as activator (uPA). Second, the native PrAg

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63161

lethal factor (LF) binding site has been Methods for diagnosing cancer via the to coordinate autism research and other modified so that only a modified PrAg detection of NY ESO–1/CAG–3 are also efforts within the Department of Health comprising two different monomers can embodied in the invention. and Human Services. In April 2001, bind anthrax LF. When administered Method for Inhibiting Angiogenesis Secretary Tommy Thompson delegated with an effector component, the the authority to establish the IACC to recombinant anthrax toxins are toxic Elise C. Kohn, Lance A Liotta, and the NIH. The National Institute of only to cells expressing both a MMP and Riccardo Alessandro (NCI) Mental Health (NIMH) at the NIH has uPA on their surface. This technology is U.S. Patent No. 5,744,492 issued 28 Apr been designated the lead for this therefore useful for selective methods of 1998 (expires 28 Apr 2015) (DHHS activity. treating cancers, because many cancer Reference No. E–220–1993/1–US–01) The IACC meeting will be open to the cells express multiple cell-surface Licensing Contact: John Stansberry; public, with attendance limited to space proteases. (301) 435–5236; [email protected] and available. Individuals who plan to Novel Human Cancer Antigen, NY attend and need special assistance, such ESO–1/CAG–3, and Gene Encoding Combinatorial Therapy for Protein as sign language interpretation or other Same Signaling Diseases reasonable accommodations, should Arpita Mehta (NCI), Lance Liotta (NCI), notify the contact person listed below in Rong-fu Wang (EM), Steven A. Emmanuel Petricoin (FDA) advance of the meeting. Rosenberg (NCI) U.S. Provisional Application No. 60/ U.S. Provisional Application No. 60/ Name of Committee: Interagency Autism 453,629 filed 10 Mar 2003 (DHHS Coordinating Committee. 061,428 filed 08 Oct 1997 (DHHS Reference No. E–039–2003/0–US–01) Reference No. E–265–1997/0–US–01); Date: November 19, 2004. Licensing Contact: Michael Shmilovich; Time: 9 a.m.–4:30 p.m. PCT Application No. PCT/US98/ (301) 435–5019; 19609 filed 21 Sep 1998, which Agenda: Discussion of autism activities [email protected]. across Federal agencies. published as WO 99/18206 on 15 Apr Angiogenesis is a composite of 1999 (DHHS Reference No. E–265– Place: National Institutes of Health, 31 regulated proliferation and regulated Center Drive, Building 31, Conference Room 1997/0–PCT–02); U.S. Patent invasion occurring in a variety of 10 (6th floor), Bethesda, Maryland 20892. Application No. 09/529,206 filed 21 normal and pathologic conditions. In Contact Person: Ann Wagner, Ph.D., Sep 1998 (DHHS Reference No. E– this invention, the claimed compound Division of Services and Intervention 265–1997/0–US–04) and its related analogs are useful for Research, National Institute of Mental Health, Licensing Contact: Jesse Kindra; (301) inhibiting angiogenesis in a host and NIH, 6001 Executive Boulevard, Room 7142, 435–5559; [email protected]. offer a novel approach to the treatment MSC 9633, Bethesda, Maryland 20892. E- The current invention embodies the of cancer, diabetic retinopathy, mail: [email protected]. Phone: 301– identification, isolation and cloning of a hemangiomata, vasculidities, macular 443–4283. degeneration and other disease associate gene encoding a novel tumor antigen, Any member of the public interested NY ESO–1/CAG–3, as well as cancer with angiogenesis. Additionally, the in presenting oral comments to the peptides thereof and antigenic cancer compound has shown efficacy at lower Committee may notify the contact epitopes contained within the cancer doses when co-administered with other person listed on this notice at least 5 peptides. This novel antigen is anti-angiogenesis agents. days in advance of the meeting. recognized by cytotoxic T lymphocyte Refer to issued patent 5,744,492 Interested individuals and clones derived from the TIL586 (tumor (April 28, 1998), and journal articles: infiltrating lymphocyte) cell line in an PNAS (1995) 92(5):1307–11, and In Vivo representatives of organizations may HLA restricted manner. (1996) 10(2):153–60. submit a letter of intent, a brief description of the organization Dated: October 22, 2004. The inventors believe that cancer represented, and a short description of Steven M. Ferguson, peptides which are encoded by the NY the oral presentation. Presentations may ESO–1/CAG–3 gene represent potential Director, Division of Technology Development be limited to 5 minutes; both printed cancer vaccines, protecting an and Transfer, Office of Technology Transfer, and electronic copies are requested for individual from development of cancer National Institutes of Health. the record. In addition, any interested by inhibiting the growth of cells or [FR Doc. 04–24166 Filed 10–28–04; 8:45 am] person may file written comments with tumors which express the NY ESO–1/ BILLING CODE 4140–01–P the Committee by forwarding his/her CAG–3 antigen. Also embodied in the statement to the contact person listed on invention are pharmaceutical compositions comprising the NY ESO– DEPARTMENT OF HEALTH AND this notice. The statement should 1/CAG–3 antigen, peptide, or an HUMAN SERVICES include the name, address, telephone antigenic cancer epitope thereof in number, and, when applicable, the combination with one or more National Institutes of Health business or professional affiliation of the interested person. immunostimulatory molecules. These Notice of Meeting; Interagency Autism Information about the meeting and compositions represent potential Coordinating Committee anticancer therapeutics, stimulating NY online registration forms are also ESO–1/CAG–3-specific T cells to elicit The National Institutes of Health available on-line on the NIMH home an anti-cancer immunogenic response (NIH) hereby announces a meeting of page at http://www.nimh.nih.gov/ and thereby eliminating or reducing the the Interagency Autism Coordinating autismiacc/index.cfm. cancer. While these vaccines and Committee (IACC) to be held on Dated: October 20, 2004. pharmaceutical compositions may be November 19, 2004, on the NIH campus Raynard S. Kington, developed for use against a variety of in Bethesda, Maryland. cancers, data obtained to date indicate The Children’s Health Act of 2000 Deputy Director, National Institutes of Health. that they may be of particular value for (Pub. L. 106–310), Title I, Section 104, [FR Doc. 04–24168 Filed 10–28–04; 8:45 am] use against melanoma. mandated the establishment of an IACC BILLING CODE 4140–01–P

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63162 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

DEPARTMENT OF HEALTH AND 7056, ext. 268; Facsimile: (301) 402– Dated: October 22, 2004. HUMAN SERVICES 0220. Steven M. Ferguson, Director, Division of Technology Development SUPPLEMENTARY INFORMATION: The global National Institutes of Health and Transfer, Office of Technology Transfer, prevalence of dengue has grown National Institutes of Health. Prospective Grant of Exclusive dramatically in recent decades. The [FR Doc. 04–24167 Filed 10–28–04; 8:45 am] License: Dengue Tetravalent Vaccine disease is now endemic in more than BILLING CODE 4140–01–P Containing a Common 30 Nucleotide 100 countries in Africa, North and ′ Deletion in The 3 –UTR of Dengue South America, the Eastern Types 1,2,3, And 4 Mediterranean, Southeast Asia and the DEPARTMENT OF HEALTH AND AGENCY: National Institutes of Health, Western Pacific. Southeast Asia and the HUMAN SERVICES Public Health Service, DHHS. Western Pacific are most seriously affected. Before 1970 only nine Substance Abuse and Mental Health ACTION: Notice. countries had experienced Dengue Services Administration SUMMARY: This is notice, in accordance Hemorrhagic Fever (DHF) epidemics, a Public Health Service; Notice of Listing with 35 U.S.C. 209(c)(1) and 37 CFR number that had increased more than 404.7(a)(1)(i), that the National four-fold by 1995. WHO currently of Members of the Substance Abuse Institutes of Health (NIH), Department estimates there may be 50 million cases and Mental Health Services of Health and Human Services, is of dengue infection worldwide every Administration’s Senior Executive contemplating the grant of a an year. Service Performance Review Board exclusive license to practice the The methods and compositions of this (PRB) following invention as embodied in the invention provide a means for The Substance Abuse and Mental following patent applications: (1) E– prevention of dengue infection and Health Services Administration 120–2001, Whitehead et al., dengue hemorrhagic fever (DHF) by (SAMHSA) announces the persons who ‘‘Development of Mutations Useful for immunization with attenuated, will serve on the Substance Abuse and Attenuating Dengue Viruses and immunogenic viral vaccines against Mental Health Services Chimeric Dengue Viruses’’, U.S. dengue. The vaccine is further described Administration’s Performance Review Provisional Patent Application 60/ in Blaney JE et al., ‘‘Mutations which 293,049, filed May 22, 2001, PCT/US02/ Board. This action is being taken in enhance the replication of dengue virus 16308, filed May 22, 2002, U.S. Patent accordance with Title 5, U.S.C., Section type 4 and an antigenic chimeric dengue Application 10/719,547, filed November 4314(c)(4), which requires that members virus type 2/4 vaccine candidate in Vero 21, 2003, European Patent Application of performance review boards be cells,’’ Vaccine 2003 Oct 1;21(27– 02739358.6, filed May 22, 2002, appointed in a manner to ensure 30):4317–27 and Whitehead SS et al., Canadian Patent Application 2448329, consistency, stability, and objectivity in ‘‘A live, attenuated dengue virus type 1 filed May 22, 2002, Indian Patent performance appraisals, and requires vaccine candidate with a 30-nucleotide Application 2814DELNP2003, filed May that notice of the appointment of an deletion in the 3′ untranslated region is 22, 2002, Australian Patent Application individual to serve as a member be highly attenuated and immunogenic in 2002312011, filed May 22, 2002, and published in the Federal Register. Brazilian Patent Application monkeys,’’ J. Virol. 2003 Jan;77(2):1653– PI0209943.8, filed May 22, 2002, and (2) 7. The following persons will serve on the SAMHSA Performance Review E–089–2002, ‘‘Dengue Tetravalent The prospective exclusive license will Board, which oversees the evaluation of Vaccine Containing a Common 30 be royalty bearing and will comply with ′ performance appraisals of SAMHSA’s Nucleotide Deletion in The 3 –UTR of the terms and conditions of 35 U.S.C. Senior Executive Service (SES) Dengue Types 1,2,3, And 4, or Antigenic 209 and 37 CFR 404.7. The prospective members: James L. Stone, Chairperson; Chimeric Dengue Viruses 1,2,3, And 4’’, exclusive license may be granted unless, Daryl W. Kade; Douglas Morgan; U.S. Provisional Applications 60/ within 60 days from the date of this Kathryn Power. 377,860, filed May 3, 2002, 60/436,500, published Notice, NIH receives written filed December 23, 2002, PCT/US03/ evidence and argument that establishes For further information about the 13279, filed April 25, 2003, to Fundaco that the grant of the license would not SAMHSA Performance Review Board, Butantan, having a place of business in be consistent with the requirements of contact the Division of Management Sao Paulo, Brazil. The patent rights in 35 U.S.C. 209 and 37 CFR 404.7. Systems, Substance Abuse and Mental this invention have been assigned to the Health Services Administration, 1 The field of use may be limited to live United States of America. Choke Cherry Road, Room 3–1017, attenuated vaccines against dengue DATES: Only written comments and/or Rockville, Maryland 20857, telephone infections in humans. The Licensed application for a license which are (240) 276–1124 (not a toll-free number). received by the NIH Office of Territory may be limited to Brazil. Technology Transfer on or before Properly filed competing applications Dated: October 4, 2004. December 28, 2004, will be considered. for a license filed in response to this Charles G. Curie, ADDRESSES: Requests for a copy of the notice will be treated as objections to Administrator, SAMHSA. patent application, inquiries, comments the contemplated license. Comments [FR Doc. 04–24155 Filed 10–28–04; 8:45 am] and other materials relating to the and objections submitted in response to BILLING CODE 4160–01–M contemplated license should be directed this notice will not be made available to: Peter Soukas, Office of Technology for public inspection, and, to the extent Transfer, National Institutes of Health, permitted by law, will not be released 6011 Executive Boulevard, Suite 325, under the Freedom of Information Act, Rockville, MD 20852–3804; Email: 5 U.S.C. 552. [email protected]; Telephone: (301) 496–

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63163

DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY SECURITY

Federal Emergency Management Federal Emergency Management Federal Emergency Management Agency Agency Agency [FEMA–1548–DR] [FEMA–1549–DR] [FEMA–1561–DR] Louisiana; Amendment No. 4 to Notice Alabama; Amendment No. 7 to Notice Florida; Amendment No. 7 to Notice of of a Major Disaster Declaration of a Major Disaster Declaration a Major Disaster Declaration AGENCY: Federal Emergency AGENCY: Federal Emergency AGENCY: Federal Emergency Management Agency, Emergency Management Agency, Emergency Management Agency, Emergency Preparedness and Response Directorate, Preparedness and Response Directorate, Preparedness and Response Directorate, Department of Homeland Security. Department of Homeland Security. Department of Homeland Security. ACTION: Notice. ACTION: Notice. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster for the State of SUMMARY: This notice amends the notice SUMMARY: This notice amends the notice Louisiana (FEMA–1548–DR), dated of a major disaster declaration for the of a major disaster declaration for the September 15, 2004, and related State of Alabama (FEMA–1549–DR), State of Florida (FEMA–1561–DR), determinations. dated September 26, 2004, and related dated September 15, 2004, and related EFFECTIVE DATE: determinations. October 22, 2004. determinations. FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: October 20, 2004. EFFECTIVE DATE: October 22, 2004. Magda Ruiz, Recovery Division, Federal FOR FURTHER INFORMATION CONTACT: Emergency Management Agency, FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal Washington, DC 20472, (202) 646–2705. Magda Ruiz, Recovery Division, Federal Emergency Management Agency, SUPPLEMENTARY INFORMATION: Notice is Emergency Management Agency, Washington, DC 20472, (202) 646–2705. hereby given that the incident period for Washington, DC 20472, (202) 646–2705. this disaster is reopened. The incident SUPPLEMENTARY INFORMATION: The notice period for this declared disaster is now SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the of a major disaster declaration for the September 13, 2004, through and State of Florida is hereby amended to including September 26, 2004. State of Alabama is hereby amended to include the following areas among those include the following areas among those areas determined to have been adversely (The following Catalog of Federal Domestic areas determined to have been adversely affected by the catastrophe declared a Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, affected by the catastrophe declared a major disaster by the President in his major disaster by the President in his Community Disaster Loans; 97.031, Cora declaration of September 26, 2004: Brown Fund Program; 97.032, Crisis declaration of September 15, 2004: Putnam County for Public Assistance Counseling; 97.033, Disaster Legal Services Cherokee County for Public Assistance. (already designated for Individual Program; 97.034, Disaster Unemployment Bullock, Houston, and Jackson Counties for Assistance). Assistance (DUA); 97.046, Fire Management Public Assistance (already designated for Hillsborough and Pinellas Counties for Assistance; 97.048, Individual and Individual Assistance). Public Assistance [Categories C–G] (already Household Housing; 97.049, Individual and designated for Public Assistance [Categories Household Disaster Housing Operations; (The following Catalog of Federal Domestic 97.050 Individual and Household Program- A and B], including direct Federal assistance, Assistance Numbers (CFDA) are to be used Other Needs, 97.036, Public Assistance at 100 percent Federal funding of the total for reporting and drawing funds: 97.030, Grants; 97.039, Hazard Mitigation Grant Community Disaster Loans; 97.031, Cora eligible costs for a period of up to 72 hours, Program.) and Individual Assistance). Brown Fund Program; 97.032, Crisis Michael D. Brown, (The following Catalog of Federal Domestic Counseling; 97.033, Disaster Legal Services Under Secretary, Emergency Preparedness Assistance Numbers (CFDA) are to be used Program; 97.034, Disaster Unemployment and Response, Department of Homeland Assistance (DUA); 97.046, Fire Management for reporting and drawing funds: 97.030, Security. Community Disaster Loans; 97.031, Cora Assistance; 97.048, Individuals and [FR Doc. 04–24179 Filed 10–28–04; 8:45 am] Brown Fund Program; 97.032, Crisis Households Housing; 97.049, Individuals and BILLING CODE 9110–10–P Households Disaster Housing Operations; Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment 97.050, Individuals and Households Assistance (DUA); 97.046, Fire Management Program—Other Needs; 97.036, Public Assistance; 97.048, Individuals and DEPARTMENT OF HOMELAND Assistance Grants; 97.039, Hazard Mitigation Households Housing; 97.049, Individuals and SECURITY Grant Program.) Households Disaster Housing Operations; Federal Emergency Management Michael D. Brown, 97.050, Individuals and Households Program—Other Needs; 97.036, Public Agency Under Secretary, Emergency Preparedness Assistance Grants; 97.039, Hazard Mitigation and Response, Department of Homeland [FEMA–1550–DR] Grant Program.) Security. Mississippi; Amendment No. 5 to [FR Doc. 04–24180 Filed 10–28–04; 8:45 am] Michael D. Brown, Notice of a Major Disaster Declaration BILLING CODE 9110–10–P Under Secretary, Emergency Preparedness and Response, Department of Homeland AGENCY: Federal Emergency Security. Management Agency, Emergency [FR Doc. 04–24184 Filed 10–28–04; 8:45 am] Preparedness and Response Directorate, BILLING CODE 9110–10–P Department of Homeland Security.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63164 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

ACTION: Notice. State of New Jersey (FEMA–1563–DR), State of New York is hereby amended to dated October 1, 2004, and related include the following areas among those SUMMARY: This notice amends the notice determinations. areas determined to have been adversely of a major disaster declaration for the EFFECTIVE DATE: October 22, 2004. affected by the catastrophe declared a State of Mississippi (FEMA–1550–DR), major disaster by the President in his FOR FURTHER INFORMATION CONTACT: dated September 15, 2004, and related declaration of October 1, 2004: determinations. Magda Ruiz, Recovery Division, Federal Niagara and Orange Counties for Public EFFECTIVE DATE: October 20, 2004. Emergency Management Agency, Washington, DC 20472, (202) 646–2705. Assistance. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The notice (The following Catalog of Federal Domestic Magda Ruiz, Recovery Division, Federal Assistance Numbers (CFDA) are to be used Emergency Management Agency, of a major disaster declaration for the State of New Jersey is hereby amended for reporting and drawing funds: 97.030, Washington, DC 20472, (202) 646–2705. Community Disaster Loans; 97.031, Cora to include the following area among SUPPLEMENTARY INFORMATION: The notice Brown Fund Program; 97.032, Crisis of a major disaster declaration for the those areas determined to have been Counseling; 97.033, Disaster Legal Services State of Mississippi is hereby amended adversely affected by the catastrophe Program; 97.034, Disaster Unemployment to include the following areas among declared a major disaster by the Assistance (DUA); 97.046, Fire Management those areas determined to have been President in his declaration of October Assistance; 97.048, Individuals and adversely affected by the catastrophe 1, 2004: Households Housing; 97.049, Individuals and Households Disaster Housing Operations; Hunterdon County for Public Assistance. declared a major disaster by the 97.050, Individuals and Households President in his declaration of (The following Catalog of Federal Domestic Program—Other Needs; 97.036, Public September 15, 2004: Assistance Numbers (CFDA) are to be used Assistance Grants; 97.039, Hazard Mitigation for reporting and drawing funds: 97.030, Grant Program.) Adams, Amite, Claiborne, Copiah, Community Disaster Loans; 97.031, Cora Franklin, Hinds, Jefferson, Lawrence, Brown Fund Program; 97.032, Crisis Michael D. Brown, Lincoln, Pike, Rankin, Scott, Simpson, Counseling; 97.033, Disaster Legal Services Under Secretary, Emergency Preparedness Warren, and Wilkinson Counties for Program; 97.034, Disaster Unemployment emergency protective measures (Category B) and Response, Department of Homeland Assistance (DUA); 97.046, Fire Management Security. under the Public Assistance Program, Assistance; 97.048, Individuals and including direct Federal assistance, at 100 Households Housing; 97.049, Individuals and [FR Doc. 04–24186 Filed 10–28–04; 8:45 am] percent Federal funding of the total eligible Households Disaster Housing Operations; BILLING CODE 9110–10–P costs for a period of up to 72 hours. 97.050, Individuals and Households (The following Catalog of Federal Domestic Program—Other Needs; 97.036, Public Assistance Numbers (CFDA) are to be used Assistance Grants; 97.039, Hazard Mitigation DEPARTMENT OF HOMELAND for reporting and drawing funds: 97.030, Grant Program.) SECURITY Community Disaster Loans; 97.031, Cora Michael D. Brown, Brown Fund Program; 97.032, Crisis Federal Emergency Management Counseling; 97.033, Disaster Legal Services Under Secretary, Emergency Preparedness Agency Program; 97.034, Disaster Unemployment and Response, Department of Homeland Assistance (DUA); 97.046, Fire Management Security. [FEMA–1565–DR] Assistance; 97.048, Individuals and [FR Doc. 04–24185 Filed 10–28–04; 8:45 am] Households Housing; 97.049, Individuals and BILLING CODE 9110–10–P New York; Amendment No. 1 to Notice Households Disaster Housing Operations; 97.050, Individuals and Households of a Major Disaster Declaration Program—Other Needs; 97.036, Public AGENCY: Federal Emergency Assistance Grants; 97.039, Hazard Mitigation DEPARTMENT OF HOMELAND Grant Program.) SECURITY Management Agency, Emergency Preparedness and Response Directorate, Michael D. Brown, Federal Emergency Management Department of Homeland Security. Under Secretary, Emergency Preparedness Agency ACTION: Notice. and Response, Department of Homeland [FEMA–1564–DR] Security. SUMMARY: This notice amends the notice [FR Doc. 04–24181 Filed 10–28–04; 8:45 am] New York; Amendment No. 2 to Notice of a major disaster declaration for the BILLING CODE 9110–10–P of a Major Disaster Declaration State of New York (FEMA–1565–DR), dated October 1, 2004, and related AGENCY: Federal Emergency determinations. DEPARTMENT OF HOMELAND Management Agency, Emergency SECURITY Preparedness and Response Directorate, EFFECTIVE DATE: October 22, 2004. Department of Homeland Security. FOR FURTHER INFORMATION CONTACT: Federal Emergency Management ACTION: Notice. Magda Ruiz, Recovery Division, Federal Agency Emergency Management Agency, SUMMARY: This notice amends the notice [FEMA–1563–DR] Washington, DC 20472, (202) 646–2705. of a major disaster declaration for the SUPPLEMENTARY INFORMATION: The notice New Jersey; Amendment No. 2 to State of New York (FEMA–1564–DR), of a major disaster declaration for the Notice of a Major Disaster Declaration dated October 1, 2004, and related State of New York is hereby amended to determinations. include Public Assistance for the AGENCY: Federal Emergency EFFECTIVE DATE: October 22, 2004. following areas among those areas Management Agency, Emergency determined to have been adversely Preparedness and Response Directorate, FOR FURTHER INFORMATION CONTACT: affected by the catastrophe declared a Department of Homeland Security. Magda Ruiz, Recovery Division, Federal Emergency Management Agency, major disaster by the President in his ACTION: Notice. Washington, DC 20472, (202) 646–2705. declaration of October 1, 2004: SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: The notice Schoharie, Steuben, and Tioga Counties for of a major disaster declaration for the of a major disaster declaration for the Public Assistance.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63165

Broome, Chenango, Delaware, Orange, Assistance (DUA); 97.046, Fire Management (The following Catalog of Federal Domestic Sullivan, and Ulster Counties for Public Assistance; 97.048, Individuals and Assistance Numbers (CFDA) are to be used Assistance (already designated for Individual Households Housing; 97.049, Individuals and for reporting and drawing funds: 97.030, Assistance.) Households Disaster Housing Operations; Community Disaster Loans; 97.031, Cora (The following Catalog of Federal Domestic 97.050, Individuals and Households Brown Fund Program; 97.032, Crisis Assistance Numbers (CFDA) are to be used Program—Other Needs; 97.036, Public Counseling; 97.033, Disaster Legal Services for reporting and drawing funds: 97.030, Assistance Grants; 97.039, Hazard Mitigation Program; 97.034, Disaster Unemployment Community Disaster Loans; 97.031, Cora Grant Program.) Assistance (DUA); 97.046, Fire Management Brown Fund Program; 97.032, Crisis Michael D. Brown, Assistance; 97.048, Individuals and Counseling; 97.033, Disaster Legal Services Under Secretary, Emergency Preparedness Households Housing; 97.049, Individuals and Program; 97.034, Disaster Unemployment and Response, Department of Homeland Households Disaster Housing Operations; Assistance (DUA); 97.046, Fire Management Security. 97.050, Individuals and Households Program—Other Needs; 97.036, Public Assistance; 97.048, Individuals and [FR Doc. 04–24182 Filed 10–28–04; 8:45 am] Households Housing; 97.049, Individuals and Assistance Grants; 97.039, Hazard Mitigation Households Disaster Housing Operations; BILLING CODE 9110–10–P Grant Program.) 97.050, Individuals and Households Michael D. Brown, Program—Other Needs; 97.036, Public Under Secretary, Emergency Preparedness Assistance Grants; 97.039, Hazard Mitigation DEPARTMENT OF HOMELAND and Response, Department of Homeland Grant Program.) SECURITY Security. Michael D. Brown, Federal Emergency Management [FR Doc. 04–24183 Filed 10–28–04; 8:45 am] Under Secretary, Emergency Preparedness Agency BILLING CODE 9110–10–P and Response, Department of Homeland Security. [FEMA–1557–DR] [FR Doc. 04–24188 Filed 10–28–04; 8:45 am] DEPARTMENT OF HOMELAND BILLING CODE 9110–10–P Pennsylvania; Amendment No. 7 to SECURITY Notice of a Major Disaster Declaration Federal Emergency Management DEPARTMENT OF HOMELAND AGENCY: Federal Emergency Agency SECURITY Management Agency, Emergency Preparedness and Response Directorate, [FEMA–1568–DR] Department of Homeland Security. Federal Emergency Management Tennessee; Amendment No. 1 to Agency ACTION: Notice. Notice of a Major Disaster Declaration [FEMA–1556–DR] SUMMARY: This notice amends the notice AGENCY: Federal Emergency of a major disaster declaration for the Ohio; Amendment No. 5 to Notice of a Management Agency, Emergency Commonwealth of Pennsylvania Major Disaster Declaration Preparedness and Response Directorate, (FEMA–1557–DR), dated September 19, Department of Homeland Security. AGENCY: Federal Emergency 2004, and related determinations. ACTION: Notice. Management Agency, Emergency EFFECTIVE DATE: October 22, 2004. Preparedness and Response Directorate, FOR FURTHER INFORMATION CONTACT: SUMMARY: This notice amends the notice Department of Homeland Security. Magda Ruiz, Recovery Division, Federal of a major disaster declaration for the ACTION: Notice. Emergency Management Agency, State of Tennessee (FEMA–1568–DR), Washington, DC 20472, (202) 646–2705. dated October 7, 2004, and related SUMMARY: This notice amends the notice determinations. of a major disaster declaration for the SUPPLEMENTARY INFORMATION: The notice State of Ohio (FEMA–1556–DR), dated of a major disaster declaration for the EFFECTIVE DATE: October 22, 2004. September 19, 2004, and related Commonwealth of Pennsylvania is FOR FURTHER INFORMATION CONTACT: determinations. hereby amended to include the Magda Ruiz, Recovery Division, Federal following areas among those areas Emergency Management Agency, EFFECTIVE DATE: October 22, 2004. determined to have been adversely Washington, DC 20472, (202) 646–2705. FOR FURTHER INFORMATION CONTACT: affected by the catastrophe declared a SUPPLEMENTARY INFORMATION: The notice Magda Ruiz, Recovery Division, Federal major disaster by the President in his of a major disaster declaration for the Emergency Management Agency, declaration of September 19, 2004: State of Tennessee is hereby amended to Washington, DC 20472, (202) 646–2705. Elk, Lawrence, Potter, Somerset, and include the following area among those SUPPLEMENTARY INFORMATION: The notice areas determined to have been adversely of a major disaster declaration for the Sullivan Counties for Public Assistance (already designated for Individual affected by the catastrophe declared a State of Ohio is hereby amended to Assistance). major disaster by the President in his include the following area among those Allegheny, Armstrong, Beaver, Bedford, declaration of October 7, 2004: areas determined to have been adversely Blair, Bradford, Bucks, Butler, Cameron, affected by the catastrophe declared a Carbon, Centre, Clarion, Clearfield, Clinton, Unicoi County for Public Assistance. major disaster by the President in his Columbia, Cumberland, Dauphin, Fulton, (The following Catalog of Federal Domestic declaration of September 19, 2004: Greene, Huntingdon, Indiana, Jefferson, Assistance Numbers (CFDA) are to be used Juniata, Lackawanna, Lebanon, Luzerne, for reporting and drawing funds: 97.030, Lawrence County for Individual Lycoming, Mifflin, Monroe, Montour, Community Disaster Loans; 97.031, Cora Assistance. Northampton, Northumberland, Perry, Pike, Brown Fund Program; 97.032, Crisis (The following Catalog of Federal Domestic Schuylkill, Snyder, Susquehanna, Tioga, Counseling; 97.033, Disaster Legal Services Assistance Numbers (CFDA) are to be used Union, Washington, Wayne, Westmoreland, Program; 97.034, Disaster Unemployment for reporting and drawing funds: 97.030, Wyoming, and York Counties for Categories Assistance (DUA); 97.046, Fire Management Community Disaster Loans; 97.031, Cora C–G under the Public Assistance program Assistance; 97.048, Individuals and Brown Fund Program; 97.032, Crisis (already designated for Categories A and B Households Housing; 97.049, Individuals and Counseling; 97.033, Disaster Legal Services under the Public Assistance program and Households Disaster Housing Operations; Program; 97.034, Disaster Unemployment Individual Assistance). 97.050, Individuals and Households

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63166 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

Program—Other Needs, 97.036, Public and the Other Needs Assistance under DEPARTMENT OF HOUSING AND Assistance Grants; 97.039, Hazard Mitigation Section 408 of the Stafford Act will be URBAN DEVELOPMENT Grant Program.) limited to 75 percent of the total eligible [Docket No. FR–4900–FA–25] Michael D. Brown, costs. If Public Assistance is later requested and warranted, Federal funds provided under Under Secretary, Emergency Preparedness Announcement of Funding Awards for that program will also be limited to 75 and Response, Department of Homeland Fiscal Year 2004 Historically Black percent of the total eligible costs. Security. Colleges and Universities Program Further, you are authorized to make [FR Doc. 04–24189 Filed 10–28–04; 8:45 am] changes to this declaration to the extent AGENCY: BILLING CODE 9110–10–P Office of the Assistant allowable under the Stafford Act. Secretary for Policy Development and Research, HUD. The time period prescribed for the DEPARTMENT OF HOMELAND implementation of section 310(a), ACTION: Announcement of funding SECURITY Priority to Certain Applications for awards. Federal Emergency Management Public Facility and Public Housing SUMMARY: This document identifies the Agency Assistance, 42 U.S.C. 5153, shall be for entities selected for funding under the a period not to exceed six months after Fiscal Year 2004 Historically Black [FEMA–1570–DR] the date of this declaration. Colleges and Universities program Virginia; Major Disaster and Related The Federal Emergency Management (HBCUs). The HBCUs program assists Determinations Agency (FEMA) hereby gives notice that Historically Black Colleges and pursuant to the authority vested in the Universities in expanding their role and AGENCY: Federal Emergency Under Secretary for Emergency effectiveness in addressing community Management Agency, Emergency Preparedness and Response, Department development needs in their localities, Preparedness and Response Directorate, of Homeland Security, under Executive consistent with the purposes of HUD’s Department of Homeland Security. Order 12148, as amended, Marianne Community Development Block Grant ACTION: program (CDBG). This notice is Notice. Jackson, of FEMA is appointed to act as published in accordance with section the Federal Coordinating Officer for this SUMMARY: This is a notice of the 102(a)(4)(C) of the Department of declared disaster. Presidential declaration of a major Housing and Urban Development disaster for the Commonwealth of I do hereby determine the following Reform Act of 1989. Virginia (FEMA–1570–DR), dated areas of the Commonwealth of Virginia FOR FURTHER INFORMATION CONTACT: October 18, 2004, and related to have been affected adversely by this Susan Brunson, Office of University determinations. declared major disaster: Partnerships, Department of Housing EFFECTIVE DATE: October 18, 2004. The independent cities of Salem and and Urban Development, Room 8106, FOR FURTHER INFORMATION CONTACT: Roanoke, and the counties of Alleghany, 451 Seventh Street, SW., Washington, Magda Ruiz, Recovery Division, Federal Craig, Floyd, Giles, Montgomery, Patrick, and DC 20410–6000, telephone (202) 708– Emergency Management Agency, Roanoke for Individual Assistance. 3061, ext. 3852. To provide service for Washington, DC 20472, (202) 646–2705. All jurisdictions within the persons who are hearing-or speech- SUPPLEMENTARY INFORMATION: Notice is Commonwealth of Virginia are eligible to impaired, this number may be reached hereby given that, in a letter dated apply for assistance under the Hazard via TTY by dialing the Federal October 18, 2004, the President declared Mitigation Grant Program. Information Relay Service on 800–877– a major disaster under the authority of (The following Catalog of Federal Domestic 8339 or 202–708–1455. (Telephone the Robert T. Stafford Disaster Relief Assistance Numbers (CFDA) are to be used number, other than ‘‘800’’ TTY numbers and Emergency Assistance Act, 42 for reporting and drawing funds: 97.030, are not toll free). U.S.C. 5121–5206 (the Stafford Act), as Community Disaster Loans; 97.031, Cora SUPPLEMENTARY INFORMATION: The follows: Brown Fund Program; 97.032, Crisis Historically Black Colleges and I have determined that the damage in Counseling; 97.033, Disaster Legal Services Universities program was enacted under certain areas of the Commonwealth of Program; 97.034, Disaster Unemployment Section 107 of the CDBG appropriation Virginia, resulting from severe storms and Assistance (DUA); 97.046, Fire Management for Fiscal Year 2004, as part of the flooding from the remnants of Hurricane Assistance; 97.048, Individuals and ‘‘Veterans Administration, HUD and Jeanne, beginning on September 27, 2004, Households Housing; 97.049, Individuals and Independent Agencies Appropriations and continuing, is of sufficient severity and Households Disaster Housing Operations; Act of 2004’’ and is administered by the magnitude to warrant a major disaster 97.050 Individuals and Households Office of University Partnerships under declaration under the Robert T. Stafford Program—Other Needs, 97.036, Public the Assistant Secretary for Policy Disaster Relief and Emergency Assistance Assistance Grants; 97.039, Hazard Mitigation Development and Research. In addition Act, 42 U.S.C. 5121–5206 (the Stafford Act). Grant Program.) Therefore, I declare that such a major disaster to this program, the Office of University exists in the Commonwealth of Virginia. Michael D. Brown, Partnerships administers HUD’s ongoing grant programs to institutions of higher In order to provide Federal assistance, you Under Secretary, Emergency Preparedness are hereby authorized to allocate from funds education as well as creates initiatives and Response, Department of Homeland available for these purposes such amounts as Security. through which colleges and universities you find necessary for Federal disaster can bring their traditional missions of [FR Doc. 04–24190 Filed 10–28–04; 8:45 am] assistance and administrative expenses. teaching, research, service, and outreach You are authorized to provide Individual BILLING CODE 9110–10–P to bear on the pressing local problems Assistance in the designated areas and Hazard Mitigation throughout the in their communities. Commonwealth. Consistent with the The HBCU program provides funds requirement that Federal assistance be for a wide range of CDBG-eligible supplemental, any Federal funds provided activities, including housing under the Stafford Act for Hazard Mitigation rehabilitation and financing, property

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63167

demolition or acquisition, public North Carolina A&T State University, SUPPLEMENTARY INFORMATION: In facilities, economic development, 1601 East Market Street, Greensboro, NC accordance with 24 CFR part 581 and business entrepreneurship, and fair 27411. Grant: $548,174. section 501 of the Stewart B. McKinney housing programs. 8. Florida A&M University, Ms. Homeless Assistance Act (42 U.S.C. The Catalog Federal Domestic Patricia W. McGill, Florida A&M 11411), as amended, HUD is publishing Assistance number for this program is University, Suite 400 Foote-Hilyer, this Notice to identify Federal buildings 14.237. Administration Center, Tallahassee, FL and other real property that HUD has On May 14, 2004 (69 FR 27033), HUD 32307. Grant: $550,000. reviewed for suitability for use to assist published a Notice of Funding 9. Livingstone College, Mrs. Grace the homeless. The properties were Availability (NOFA) announcing the Adams-Square, Livingstone College, 701 reviewed using information provided to availability of $9.5 million in Fiscal West Monroe Street, Salisbury, NC HUD by Federal landholding agencies Year 2004 for the HBCU program. Of 28144. Grant: $340,000. regarding unutilized and underutilized this amount, $1.4 million was made 10. Hinds Community College-Utica buildings and real property controlled available to HBCU applicants that had Campus, Mr. Bobby James Pamplin, by such agencies or by GSA regarding not been funded in the past (applicants Hinds Community College—Utica its inventory of excess or surplus could request up to $340,000) and $7.6 Campus, P.O. Box 1094–HCC, Utica, MS Federal property. This Notice is also million to HBCU applicants that had 39175. Grant: $550,000. published in order to comply with the been previously funded (applicants 11. Claflin University, Mr. Leon December 12, 1988 Court Order in could request between $340,000 to Brunson, Claflin University, 400 National Coalition for the Homeless v. $550,000). The Department reviewed, Magnolia Street, Orangeburg, SC 29115. Veterans Administration, No. 88–2503– evaluated, and scored the applications Grant: $550,000. OG (D.D.C.). received based on the criteria in the Region VI Properties reviewed are listed in this NOFA. As a result, HUD has funded the Notice according to the following 12. University of Arkansas at Pine categories: Suitable/available, suitable/ applications below, and in accordance Bluff, Mr. Henry Aaron Golatt, with section 102(a)(4)(C) of the unavailable, suitable/to be excess, and University of Arkansas at Pine Bluff, unsuitable. The properties listed in the Department of Housing and Urban 1200 North University Drive, Mail Slot Development Reform Act of 1989 (103 three suitable categories have been 4943, Pine Bluff, AR 71601. Grant: reviewed by the landholding agencies, Stat. 1987, 42 U.S.C. 3545), the $550,000. Department is publishing details and each agency has transmitted to 13. Southern University at HUD: (1) Its intention to make the concerning the recipients of funding Shreveport, Ms. Jeanette H. Williams, awards, as set forth below. property available for use to assist the Southern University at Shreveport, 3050 homeless, (2) its intention to declare the List of Awardees for Grant Assistance Martin Luther King Jr. Boulevard, property excess to the agency’s needs, or Under the FY 2004 Historically Black Shreveport, LA 71107. Grant: $550,000. (3) a statement of the reasons that the Colleges and Universities Program Dated: October 20, 2004. property cannot be declared excess or Funding Competition, by Institution, Dennis C. Shea, made available for use as facilities to Address, and Grant Amount Assistant Secretary for Policy Development assist the homeless. Properties listed as suitable/available Region III and Research. [FR Doc. E4–2917 Filed 10–28–04; 8:45 am] will be available exclusively for 1. University of Maryland Eastern BILLING CODE 4210–27–P homeless use for a period of 60 days Shore, Dr. Joseph O. Arumala, from the date of this Notice. Where University of Maryland Eastern Shore, property is described as for ‘‘off-site use Backbone Road, Princess Anne, MD DEPARTMENT OF HOUSING AND only’’ recipients of the property will be 21853. Grant: $340,000. URBAN DEVELOPMENT required to relocate the building to their 2. West Virginia State University, Ms. own site at their own expense. Jenny Fertig, West Virginia State [Docket No. FR–4901–N–44] Homeless assistance providers University, P.O. Box 1000, 835 Sullivan Federal Property Suitable as Facilities interested in any such property should Hall East, Kanawha, WV 25112. Grant: To Assist the Homeless send a written expression of interest to $550,000. HHS, addressed to Heather Ranson, AGENCY: Office of the Assistant Division of Property Management, Region IV Secretary for Community Planning and Program Support Center, HHS, room 3. Alabama State University, Dr. Development, HUD. 5B–17, 5600 Fishers Lane, Rockville, William Brock, Alabama State ACTION: Notice. MD 20857; (301) 443–2265. (This is not University, 915 South Jackson Street, a toll-free number.) HHS will mail to the Montgomery, AL 36104. Grant: SUMMARY: This Notice identifies interested provider an application $548,339. unutilized, underutilized, excess, and packet, which will include instructions 4. Savannah State University, Dr. surplus Federal property reviewed by for completing the application. In order Shirley Geiger, Savannah State HUD for suitability for possible use to to maximize the opportunity to utilize a University, 3219 College Street, assist the homeless. suitable property, providers should Savannah, GA 31404. Grant: $550,000. FOR FURTHER INFORMATION CONTACT: submit their written expressions of 5. Benedict College, Mr. Larry Salley, Kathy Burruss, room 7266, Department interest as soon as possible. For Benedict College, 1600 Harden Street, of Housing and Urban Development, complete details concerning the Columbia, SC 29204. Grant: $550,000. 451 Seventh Street SW., Washington, processing of applications, the reader is 6. Allen University, Ms. Marian DC 20410; telephone (202) 708–1234; encouraged to refer to the interim rule Thompson, Allen University, 1530 TTY number for the hearing- and governing this program, 24 CFR part Harden Street, Columbia, SC 29204. speech-impaired (202) 708–2565 (these 581. Grant: $550,000. telephone numbers are not toll-free), or For properties listed as suitable/to be 7. North Carolina A&T State call the toll-free Title V information line excess, that property may, if University, Dr. Musibau Shofoluwe, at 1–800–927–7588. subsequently accepted as excess by

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63168 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

GSA, be made available for use by the Dated: October 21, 2004. Redstone Arsenal homeless in accordance with applicable Mark R. Johnston, Madison Co: AL 35898–5000 law, subject to screening for other Director, Office of Special Needs, Assistance Landholding Agency: Army Programs. Property Number: 21200440001 Federal use. At the appropriate time, Status: Unutilized HUD will publish the property in a Title V, Federal Surplus Property Program Reasons: Secured area, extensive Notice showing it as either suitable/ Federal Register Report for 10/29/2004 deterioration available or suitable/unavailable. Suitable/Available Properties Bldg. 311 For properties listed as suitable/ Fort Rucker Buildings (by State) Ft. Rucker Co: Dale AL 36362– unavailable, the landholding agency has Oklahoma Landholding Agency: Army decided that the property cannot be Property Number: 21200440002 Federal Building declared excess or made available for Status: Unutilized 207 North 4th Reasons: Extensive deterioration use to assist the homeless, and the Hugo Co: Choctaw OK 74743–3817 property will not be available. Landholding Agency: GSA Bldg. 1011 Properties listed as unsuitable will Property Number: 52400440004 Fort Rucker Ft. Rucker Co: Dale AL 36362– not be made available for any other Status: Excess Comment: 16, 484 sq. ft., most recent use— Landholding Agency: Army purpose for 20 days from the date of this office, U.S. Postal Service will vacate Property Number: 21200440003 Notice. Homeless assistance providers FY2006 Status: Unutilized interested in a review by HUD of the GSA Number: 7–G–OK–0569 Reasons: Extensive deterioration determination of unsuitability should Social Security Admin. Bldg. 7204 call the toll free information line at 1– 216 SW First Street Fort Rucker 800–927–7588 for detailed instructions Ardmore Co: Carter OK 73401– Ft. Rucker Co: Dale AL 36362– Landholding Agency: Army or write a letter to Mark Johnston at the Landholding Agency: GSA Property Number: 54200440005 Property Number: 21200440004 address listed at the beginning of this Status: Surplus Status: Unutilized Notice. Included in the request for Comment: 5284 sq. ft., most recent use— Reasons: Extensive deterioration review should be the property address office Bldg. 40114 (including zip code), the date of GSA Number: 7–G–OK–0556 Fort Rucker publication in the Federal Register, the Texas Ft. Rucker Co: Dale AL 36362– Landholding Agency: landholding agency, and the property Social Security Admin. Property Number: 21200440005 810 Travis Street number. Status: Unutilized Sherman Co: Grayson TX 75090– Reasons: Extensive deterioration For more information regarding Landholding Agency: GSA particular properties identified in this Property Number: 54200440006 California Notice (i.e., acreage, floor plan, existing Status: Surplus Bldgs. 905, 910, 911 sanitary facilities, exact street address), Comment: 5623 sq. ft., most recent use— Fort Hunter Liggett providers should contact the office will be vacate FY2005 Jolon Co: Monterey CA 93928– appropriate landholding agencies at the GSA Number: 7–G–TX–1074 Landholding Agency: Army following addresses: Army: Ms. Audrey Suitable/Unavailable Properties Property Number: 21200440006 Status: Unutilized C. Ormerod, Headquarters, Department Buildings (by State) of the Army, Office of the Assistant Reasons: Extensive deterioration Georgia Chief of Staff for Installation Bldgs. 924, 931, 940 Fort Hunter Liggett Management, Attn: DAIM–MD, 600 East Parcel Boyett Village Family Jolon Co: Monterey CA 93928– Army Pentagon, Washington, DC Housing Complex Landholding Agency: 20310–0600; (703) 601–2520; Energy: Maple Avenue Property Number: 21200440007 Mr. Andy Duran, Department of Energy, Albany GA Status: Unutilized Office of Engineering & Construction Location: republished Reasons: Extensive deterioration Management, ME–90, 1000 Landholding Agency: GSA Bldg. 00636 Independence Ave., SW., Washington, Property Number: 54200410003 Parks Reserve Forces Status: Surplus Dublin Co: Alameda CA 94568– DC 20585: (202) 586–4548; GSA: Mr. Comment: 119 residential units & support Landholding Agency: Army Brian K. Polly, Assistant Commissioner, facilities, possible lead based paint, utility Property Number: 21200440008 General Services Administration, Office upgrade required by local utility Status: Unutilized of Property Disposal, 18th and F Streets, commission (estimates range from $1.6m to Reasons: Extensive deterioration $2.7 million for entire Boyett Village) NW., Washington, DC 20405; (202) 501– Georgia 0084; Navy: Mr. Charles C. Cocks, GSA Number: 4–N–GA–581B Hawaii Bldg. 09226 Department of the Navy, Real Estate Fort Benning Policy Division, Naval Facilities Bldg. 1142 Ft. Benning Co: Chattachoochee GA 31905– Engineering Command, Washington Naval Air Station Landholding Agency: Army Kalaeloa Co: HI 86707– Navy Yard, 1322 Patterson Ave., SE., Property Number: 21200440009 Landholding Agency: Navy Status: Unutilized Suite 1000, Washington, DC 20374– Property Number: 21200440001 Reasons: Extensive deterioration 5065; (202) 685–9200; (These are not Status: Unutilized toll-free numbers). Comment: 29657 sq. ft., most recent use— 7 Bldgs. office/storage Fort Gordon Ft. Gordon Co: Richmond GA 30905– Unsuitable Properties Location: OT001, 003, 004, 007, 009, 017, 029 Buildings (by State) Landholding Agency: Army Property Number: 21200440010 Alabama Status: Unutilized Bldg. 05296 Reason: Extensive deterioration

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63169

Bldgs. 02404, 02408 Status: Unutilized Aberdeen Proving Grounds Fort Gordon Reason: Extensive deterioration Aberdeen Co: Harford MD 21005– Ft. Gordon Co: Richmond GA 30905– 4 Bldgs. Landholding Agency: Army Landholding Agency: Army Fort Leavenworth Property Number: 21200440030 Property Number: 21200440011 1811, 1812, 1816, 1817 Status: Unutilized Status: Unutilized Leavenworth Co: KS 66027– Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Army Michigan Bldgs. 21802 thru 21807 Property Number: 21200440021 Bldg. 00714 Fort Gordon Status: Unutilized Selfridge Air Natl Guard Base Ft. Gordon Co: Richmond GA 30905– Reason: Extensive deterioration Macomb Co: MI 48045– Landholding Agency: Army 4 Bldgs. Landholding Agency: Army Property Number: 21200440012 Fort Leavenworth Property Number: 21200440032 Status: Unutilized 1813, 1814, 1815, 1818 Status: Unutilized Reason: Extensive deterioration Leavenworth Co: KS 66027– Reason: Extensive deterioration Bldgs. 33513, 39105, 39114 Landholding Agency: Army Fort Gordon Property Number: 21200440022 New Jersey Ft. Gordon Co: Richmond GA 30905– Status: Unutilized Bldg. 00202 Landholding Agency: Army Reason: Extensive deterioration Fort Monmouth Property Number: 21200440013 4 Bldgs. Monmouth Co: NJ 07703– Status: Unutilized 1819, 1820, 1822, 1826 Landholding Agency: Army Reason: Extensive deterioration Fort Leavenworth Property Number: 21200440033 Bldgs. 81102 Leavenworth Co: KS 66027– Status: Unutilized Fort Gordon Landholding Agency: Army Reason: Extensive deterioration Ft. Gordon Co: Richmond GA 30905– Property Number: 21200440023 New Mexico Landholding Agency: Army Status: Unutilized 31 Bldgs. Property Number: 21200440014 Reason: Extensive deterioration White Sands Missile Range Status: Unutilized 5 Bldgs. Dona Ana Co: NM 88002– Reason: Extensive deterioration Fort Leavenworth Landholding Agency: Army Hawaii 1821, 1823–1825, 1827 Property Number: 21200440034 Leavenworth Co: KS 66027– Status: Excess 71 Tunnels Landholding Agency: Army Reason: Extensive deterioration Aliamanu Property Number: 21200440024 Honolulu Co: HI 96818– 7 Bldgs. Status: Unutilized White Sands Missile Range Landholding Agency: Army Reason: Extensive deterioration Property Number: 21200440015 Dona Ana Co: NM 88002– Status: Unutilized Kentucky Location: 908, 910, 928, 930, 932, 934, 936 Reason: Contamination 4 Bldgs. Landholding Agency: Army 10 Tunnels Fort Knox Property Number: 21200440035 Aliamanu 02015, 02426, 06099, 09614 Status: Excess Honolulu Co: HI 96818– Hardin Co: KY 40121– Reason: Extensive deterioration Landholding Agency: Army Landholding Agency: Army 18 Bldgs. Property Number: 21200440016 Property Number: 21200440025 White Sands Missile Range Status: Unutilized Status: Unutilized Dona Ana Co: NM 88002– Reason: Contamination Reason: Extensive deterioration Location: 10042–10046, 10050–10052, 49 Tunnels Bldg. 07738 10054–10055, 10060–10061, 10064–10065, Aliamanu Fort Knox 10068–10069, 10041, 10101 Honolulu Co: HI 96818– Hardin Co: KY 40121– Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200440036 Property Number: 21200440017 Property Number: 21200440026 Status: Excess Status: Unutilized Status: Unutilized Reason: Extensive deterioration Reason: Contamination Reason: Extensive deterioration 12 Bldgs. White Sands Missile Range Maryland Indiana Dona Ana Co: NM 88002– Bldgs. 0308A Bldg. 00664 Location: 10122, 10132, 10134, 10150, 10152, Newport Chemical Depot Aberdeen Proving Grounds 10170, 10172, 10200, 10202, 10100, 10102, Newport Co: Vermillion IN 47966– Aberdeen Co: Harford MD 21005– 10120 Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21200440019 Property Number: 21200440027 Property Number: 21200440037 Status: Excess Status: Unutilized Status: Excess Reason: Secured area Reason: Extensive deterioration Reason: Extensive deterioration Iowa Bldg. 02040 4 Bldgs. Aberdeen Proving Grounds White Sands Missile Range Bldgs. 00677, 00671 Aberdeen Co: Harford MD 21005– Dona Ana Co: NM 88002– Iowa Army Ammo Plant Landholding Agency: Army Location: 10230, 10231, 10232, 10233 Middletown Co: Des Moines IA 52601– Property Number: 21200440028 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 21200440038 Property Number: 21200440018 Reason: Extensive deterioration Status: Excess Status: Excess Reason: Secured area Bldg. E3526 Reason: Extensive deterioration Aberdeen Proving Grounds 34 Bldgs. Kansas Aberdeen Co: Harford MD 21005– White Sands Missile Range Bldgs. 450, 474 Landholding Agency: Army Dona Ana Co: NM 88002– Fort Leavenworth Property Number: 21200440029 Landholding Agency: Army Leavenworth Co: KS 66027– Status: Unutilized Property Number: 21200440039 Landholding Agency: Army Reason: Extensive deterioration Status: Excess Property Number: 21200440020 Bldg. 03854 Reason: Extensive deterioration

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63170 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

9 Bldgs. Reason: Extensive deterioration Property Number: 412200440010 White Sands Missile Range 5 Bldgs. Status: Unutilized Dona Ana Co: NM 88002– Fort Bragg Reason: Secured area Location: 11103, 11109, 11119, 11123, 11127, Cumberland Co: NC 28310– Bldg. 740–001A 11135, 11143, 11172, 11175 Location: H4583, H4584, H4586, H4786, Savannah River Site Landholding Agency: Army H5082 Aiken Co: SC 29802– Property Number: 21200440040 Landholding Agency: Army Landholding Agency: Energy Status: Excess Property Number: 21200440049 Property Number: 412200440011 Reason: Extensive deterioration Status: Unutilized Status: Unutilized 6 Bldgs. Reason: Extensive deterioration Reason: Secured area White Sands Missile Range Bldgs. 09039, 09134 Tennessee Dona Ana Co: NM 88002– Fort Bragg Location: 11104, 11116, 11128, 11155, 11151, Cumberland Co: NC 28310– Bldgs. 2440, 2632, 2640 11159 Landholding Agency: Army Fort Campbell Landholding Agency: Army Property Number: 21200440050 Montgomery Co: TN 42223– Property Number: 21200440041 Status: Unutilized Landholding Agency: Army Status: Excess Reason: Extensive deterioration Property Number: 21200440057 Reason: Extensive deterioration Status: Unutilized Bldgs. P4443, P4544 Reason: Extensive deterioration 28 Bldgs. Fort Bragg White Sands Missile Range Cumberland Co: NC 28310– Bldg. 75011 Dona Ana Co: NM 88002– Landholding Agency: Army Fort Campbell Landholding Agency: Army Property Number: 21200440051 Montgomery Co: TN 42223– Property Number: 21200440042 Status: Unutilized Landholding Agency: Army Status: Excess Reason: Extensive deterioration Property Number: 21200440058 Reason: Extensive deterioration Status: Unutilized Oklahoma 6 Bldgs. Reason: Extensive deterioration White Sands Missile Range Bldgs. MA050, MA070 31 Bldgs. Dona Ana Co: NM 88002– Regional Training Institute Milan Army Ammo Plant Location: 12210, 12212, 12214, 12216, 12218, Oklahoma City Co: OK 73111– Q0001–Q00029, Q0031–Q0032 12228 Landholding Agency: Army Carroll Co: TN 38358– Landholding Agency: Army Property Number: 21200440052 Landholding Agency: Army Property Number: 21200440043 Status: Unutilized Property Number: 21200440059 Status: Excess Reason: Extensive deterioration Status: Excess Reason: Extensive deterioration Pennsylvania Reason: Extensive deterioration 8 Bldgs. Bldgs. 01003, 01011, 01012 Bldgs. Q0033–Q0053 White Sands Missile Range Tobyhanna Army Depot Milan Army Ammo Plant Dona Ana Co: NM 88002– Monroe Co: PA 18466– Carroll Co: TN 38358– Location: 12229, 12242, 12243, 12245, 12246, Landholding Agency: Army Landholding Agency: Army 12230, 12241, 12244 Property Number: 21200440053 Property Number: 21200440060 Landholding Agency: Army Status: Unutilized Status: Excess Property Number: 21200440044 Reason: Extensive deterioration Reason: Extensive deterioration Status: Excess Bldgs. 01023–01024 Bldgs. Q0060–Q0061 Reason: Extensive deterioration Tobyhanna Army Depot Milan Army Ammo Plant Bldg. 31010 Monroe Co: PA 18466– Carroll Co: TN 38358– White Sands Missile Range Landholding Agency: Army Landholding Agency: Army Dona Ana Co: NM 88002– Property Number: 21200440054 Property Number: 21200440061 Landholding Agency: Army Status: Unutilized Status: Excess Property Number: 21200440045 Reason: Extensive deterioration Reason: Extensive deterioration Status: Excess Bldgs. 00035, 00045 Bldg. J0105 Reason: Extensive deterioration Carlisle Barracks Milan Army Ammo Plant New York Cumberland Co: PA 17013– Carroll Co: TN 38358– Landholding Agency: Army Bldgs. 629, 2041, 2215 Landholding Agency: Army Property Number: 21200440062 Fort Drum Property Number: 21200440055 Status: Excess Jefferson Co: NY 13602– Status: Excess Reason: Extensive deterioration Landholding Agency: Army Reason: Extensive deterioration Property Number: 21200440046 Bldgs. 00317, 00608 Utah Carlisle Barracks Status: Unutilized Bldgs. 3000 thru 3011 Cumberland Co: PA 17013– Reason: Extensive deterioration Tooele Army Depot Landholding Agency: Army North Carolina Tooele Co: UT 84074– Property Number: 21200440056 Landholding Agency: Army 3 Bldgs. Status: Excess Property Number: 21200440063 Fort Bragg Reason: Extensive deterioration Cumberland Co: NC 28310– Status: Unutilized Location: A3968, A3969, A4650 South Carolina Reason: Secured area Landholding Agency: Army Bldg. 122–R 12 Bldgs. Property Number: 21200440047 Savannah River Site Tooele Army Depot Status: Unutilized Aiken Co: SC 29802– Tooele Co: UT 84074– Reason: Extensive deterioration Landholding Agency: Energy Landholding Agency: Army 4 Bldgs. Property Number: 412200440009 Property Number: 21200440064 Fort Bragg Status: Unutilized Status: Unutilized Cumberland Co: NC 28310– Reason: Secured area Reason: Secured area Location: D2420, D2617, D2822, D2826 Bldg. 151–2R Bldg. 01237 Landholding Agency: Army Savannah River Site Tooele Army Depot Property Number: 21200440048 Aiken Co: SC 29802– Tooele Co: UT 84074– Status: Unutilized Landholding Agency: Energy Landholding Agency: Army

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63171

Property Number: 21200440065 Dated: October 22, 2004. miles of the Westfield and its tributaries Status: Unutilized C. Allen Sachse, should be designated as a State- Reason: Secured area Executive Director, Delaware & Lehigh administered component of the National Land (by State) National Heritage Corridor Commission. Wild and Scenic Rivers System, as provided for in section 2(a)(ii) of the Maryland [FR Doc. 04–24214 Filed 10–28–04; 8:45 am] BILLING CODE 6820–PE–M Wild and Scenic Rivers Act (WSRA). 15 acres The State of Massachusetts has Ft. Meade fulfilled the requirement of the WSRA Ft. Meade Co: MD 20755–5115 DEPARTMENT OF THE INTERIOR by designating these segments as ‘‘Local Landholding Agency: Army Scenic River’’ and by adopting a Property Number: 21200440031 Office of the Secretary program of action that will adequately Status: Unutilized Reason: Secured area protect the river from adverse State National Wild and Scenic Rivers actions. The National Park Service [FR Doc. 04–24048 Filed 10–28–04; 8:45 am] System; Westfield River, evaluation of the river concluded that BILLING CODE 4210–29–M Massachusetts these segments of the Westfield River AGENCY: Office of the Secretary, DOI. meet the criteria for wild, scenic, and recreational classification under the ACTION: Approval of application. WSRA. Accordingly, the following river DEPARTMENT OF THE INTERIOR SUMMARY: The Secretary of Interior segments are classified as wild, scenic, hereby announces approval of an or recreational pursuant to section 2(b) Office of the Secretary application by the Governor of of the WSRA to be administered by State and local government: Wild: Delaware & Lehigh National Heritage Massachusetts to expand the Shaker Mill Brook, 2.6 miles from Corridor Commission Meeting designation of the Westfield River, Massachusetts and tributaries as a State- Brooker Hill Road in Becket to its headwaters. Scenic: Upper East Branch, AGENCY: Department of the Interior, and local-administered component of 6.6 miles from the Windsor/ Office of the Secretary. the National Wild and Scenic Rivers System. The effect of this action will be Cummington town line to its ACTION: Notice of meeting. that 34.8 miles of river will be added to confluence; Upper East Branch the previously designated 43.3 miles. Tributaries—Drowned Land Brook, 1.5 SUMMARY: This notice announces an The river and affected lands will miles; Center Brook, 2.5 miles; and upcoming meeting of the Delaware & continue to be administered by State Windsor Jambs Brook, 1.3 miles; and Lehigh National Heritage Corridor and local authorities without expense to Headwater Tributaries of the West Commission. Notice of this meeting is the United States. Branch—Shaker Mill Brook, 1.2 miles required under the Federal Advisory FOR FURTHER INFORMATION CONTACT: from Brooker Hill Road in Becket to its Committee Act (Pub. L. 92–463). Jamie Fosburgh, National Park Service, confluence; Depot Brook, 4.5 miles; Northeast Region, 15 State Street, Savery Brook, 2.9 miles; Watson Brook, MEETING DATE AND TIME: Friday, 1.9 miles; and Center Pond Brook, 1.6 November 12, 2004, 1:30 p.m. to 4 p.m. Boston, MA 02109, (617) 223–5191 ([email protected]). miles from Center Pond to its ADDRESSES: Bucks County Audubon confluence. SUPPLEMENTARY INFORMATION: Pursuant Society, Honey Hollow Environmental Recreational: Lower Middle Branch, to the authority granted the Secretary of East Branch, and Main Stem, 3.2 miles Education Center, 6324 Upper York the Interior by section 2(a)(ii) of the Road, New Hope, PA 18938. in the Town of Huntington and the Wild and Scenic Rivers Act (16 U.S.C. Upper East Branch, 5.0 miles from its The agenda for the meeting will focus 1273(a)(ii)), and upon proper confluence with Sykes Brook to its on implementation of the Management application of the Governor of the confluence with the West Branch. Action Plan for the Delaware Lehigh Commonwealth of Massachusetts, 34.8 This action is taken following public National Heritage Corridor and State miles of the Westfield River, its three involvement and consultation with the Heritage Park. The Commission was branches, and headwater tributaries are Departments of Agriculture, Army, established to assist the Commonwealth hereby added to the 43.3 miles of the Energy, and Transportation, the Federal of Pennsylvania and its political Westfield River previously designated Energy Regulatory Commission, and the subdivisions in planning and as State-administered components of the U.S. Environmental Protection Agency implementing an integrated strategy for National Wild and Scenic Rivers System as required by section 4(c) of the WSRA. protecting and promoting cultural, on November 16, 1993. A 45-day period for public comment on historic and natural resources. The On April 26, 2002, the Governor of the State’s application and river Commission reports to the Secretary of the Commonwealth of Massachusetts management plan of the proposed the Interior and to Congress. petitioned the Secretary of the Interior national designation was provided from to add 34.8 miles of the Westfield River SUPPLEMENTARY INFORMATION: The April 10, 2003, to May 27, 2003. All and tributaries to the National System. Delaware & Lehigh National Heritage comments received have been carefully These river segments had been Corridor Commission was established considered. A 30-day period of public designated a Local Scenic River on by Public Law 100–692, November 18, comment on the environmental December 5, 2001, pursuant to the 1988, and extended through Public Law assessment was provided from May 4, Massachusetts Scenic and Recreational 105–355, November 13, 1998. 2004, to June 4, 2004. No comments Rivers Act. In response to the were received on the Environmental FOR FURTHER INFORMATION CONTACT: C. Governor’s request, the National Park Assessment. Allen Sachse, Executive Director, Service conducted a complete review of Notice is hereby given that, effective Delaware & Lehigh National Heritage the State application and documents upon this date, the above-described Corridor Commission, 1 South Third associated with the designation river segments are approved for Street, 8th Floor, Easton, PA 18042. decision. As a result of that review, the inclusion in the National Wild and (610) 923–3548. Secretary has determined that 34.8 Scenic Rivers System to be administered

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63172 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

by the Commonwealth of Massachusetts Number 1018–0095, which expires on discovery of an injured or dead and local jurisdictions. October 31, 2004. We are requesting a 3- individual. Dated: September 28, 2004. year term of approval for this (2) Depredation-related take. Depredation-related take refers to take Gale A. Norton, information collection activity. Federal agencies may not conduct or sponsor for management purposes where Secretary of the Interior. and a person is not required to respond livestock depredation has been [FR Doc. 04–24174 Filed 10–28–04; 8:45 am] to a collection of information unless it documented and may include BILLING CODE 4312–52–P displays a currently valid OMB control authorized harassment or lethal take of number. OMB regulations at 5 CFR experimental animals in the act of 1320, which implement provisions of attacking livestock. The information DEPARTMENT OF THE INTERIOR the Paperwork Reduction Act of 1995 collected for this type of take is necessary for follow-up reports after the Fish and Wildlife Service (44 U.S.C. 3501 et seq.), require that interested members of the public and Service has authorized harassment or Information Collection Renewal affected agencies have an opportunity to lethal take of experimental animals in Submitted to the Office of Management comment on information collection and relation to confirmed instances of and Budget (OMB) for Approval Under recordkeeping activities (see 5 CFR livestock depredation or in defense of the Paperwork Reduction Act; OMB 1320.8(d)). Following our submittal, human life. Control Number 1018–0095; OMB has up to 60 days to approve or (3) Collection of specimens or the Endangered and Threatened Wildlife, disapprove our information collection recovery of dead animals that are part of 50 CFR 17.84, Experimental renewal; however, they may respond as an experimental population. Specimen Populations early as 30 days after our submittal. collection is for the purpose of Therefore, to ensure consideration, send documenting incidental or authorized AGENCY: Fish and Wildlife Service, your comments and suggestions to OMB scientific collection. Most of the Interior. by the date listed in the DATES section information collection requirements for ACTION: Notice; request for comments. near the beginning of this notice. this take pertain primarily to the reporting of sightings of experimental On July 29, 2004, we published a 60- SUMMARY: In accordance with the population animals or the inadvertent day notice on this information Paperwork Reduction Act of 1995, the discovery of an injured or dead collection requirement in the Federal Fish and Wildlife Service (We/Service) individual. The information collected is Register (69 FR 45341) and invited is requesting OMB to extend an existing necessary for follow-up reports when public comment. The comment period approval to collect information on some we have authorized take of experimental ended on September 27, 2004. We experimental populations of threatened animals for specimen collection. received one comment from an and endangered wildlife, as described Because individuals of designated individual who opposed collecting below. We will use the information that experimental populations for species depredation information from certain we collect to monitor the success of listed as threatened or endangered groups of individuals, such as hunting reintroduction efforts and recovery under the ESA are categorically or trapping clubs. We cannot exclude efforts in general. protected, documentation of human- any group or individual from reporting related mortalities, recovery of dead DATES: You must submit comments on information that they believe may be or before November 29, 2004. specimens, and other types of take related to this information collection. related to the status of experimental ADDRESSES: Send your comments on The commenter did not address the populations are important for this information collection renewal to appropriateness of the information or monitoring the success of reintroduction the Desk Officer for the Department of the burden hours. Therefore, we have efforts and recovery efforts in general. the Interior at OMB–OIRA at (202) 395– not made any changes to our To minimize potential conflict with 6566 (fax) or at information collection requirements. humans, which could undermine [email protected] (e-mail). Section 9 of the Endangered Species recovery efforts, livestock depredations Please provide a copy of your comments Act of 1973 (ESA) describes prohibited connected with some experimental to Hope Grey, Information Collection acts involving threatened or endangered populations of listed species require Clearance Officer, Fish and Wildlife species (16 U.S.C. 1538(a)(1)(B)). prompt attention to (1) determine the Service, 4401 North Fairfax Drive, MS Information collection and reporting to location, timing, and nature of the 222–ARLSQ, Arlington, Virginia 22203 the Service is required for some predatory behavior involved, (2) (mail); (703) 358–2269 (fax); or experimental populations established _ accurately determine the species hope [email protected] (e-mail). under section 10(j) of the Endangered responsible for a livestock kill, and (3) FOR FURTHER INFORMATION CONTACT: To Species Act of 1973 (ESA), as amended. apply necessary control measures. request a copy of the information We collect three major categories of In cooperation with the United States collection requirement or explanatory information under the experimental Department of Agriculture, Animal information, contact Hope Grey, population regulations (50 CFR 17.84): Plant and Health Inspection Service, Information Collection Clearance (1) General take or removal. General Division of Wildlife Services, or other Officer, at the address or fax number take or removal information refers to cooperating Federal agencies, we rely on listed above or by telephone at (703) human-related mortality including prompt public reporting of depredation 358–2482. unintentional taking incidental to in order to resolve livestock related SUPPLEMENTARY INFORMATION: We have otherwise lawful activities (e.g., problems. Therefore, a time sensitive sent a request to OMB to renew highway mortalities), take in defense of requirement for reporting problems approval of the information collection human life, take related to defense of (generally within 24 hours) to the requirements for Endangered and property (if authorized), or take in the appropriate Service office is necessary. Threatened Wildlife, Experimental form of authorized harassment. Most Cooperating Federal agencies provide Populations. Currently we have contacts related to this type of the vast majority of the information approval from OMB to collect information collection are sightings of collected by the Service as a result of information under OMB Control experimental animals or the inadvertent experimental population regulations.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63173

However, some of the information is The reporting of specimen collections, populations described under 50 CFR provided by the public. Information recovery, and dead individuals from 17.84 contain information collection collection is achieved primarily by experimental populations is important requirements. This information means of telephone calls from members to our efforts to monitor these collection would also apply to any of the public to Service offices specified individuals and for other scientific future experimental populations that in the individual regulations (some may purposes. Because the number of reports become established that require the choose to use facsimile or electronic generated annually by the general same types of reports as listed above. mail). Reporting parties include, but are public (rather than cooperating agencies Title: Endangered and Threatened not limited to, individuals or or separately permitted individuals) Wildlife, 50 CFR 17.84, Experimental households, farms, businesses, and under the experimental population populations. other nonprofit organizations. We regulations is extremely small (far less OMB Control Number: 1018–0095. collect the following information: than one report per year, per rule) and Form Numbers: None. (a) Name, address, and phone number to assure thorough documentation of Frequency: Occasionally. of the reporting party. (b) Type of incident. results, we estimate the number of Description of Respondents: Private (c) Location and time of the incident. expected reports to assume a maximum individuals, households, businesses, (d) Species of experimental number per year based on allowance for nonprofit organizations, and farms. population involved. increased population size and public Total Annual Responses: 62. (e) Description of circumstances awareness of experimental populations. Total Annual Burden Hours: 15.5 related to the incident. Several of the existing experimental hours.

Average time Number of required per Total annual Type of report respondents report burden (hours) (minutes)

General take or removal ...... 20 15 5 Depredation related take ...... 22 15 5.5 Specimen collection ...... 20 15 5

We again invite comments concerning DEPARTMENT OF THE INTERIOR Coordinator, (307) 775–6206 or Ms. this information collection on: (1) Mavis Love, Land Law Examiner (307) Whether or not the collection of Bureau of Land Management 775–6258. Both Mr. Janssen’s and Ms. information is necessary for the proper [WY–060–1320–EL; WYW151643] Love’s offices are located at the BLM performance of our native endangered Wyoming State Office, 5353 and threatened species management Notice of Availability of the Record of Yellowstone Road, Cheyenne, Wyoming functions, including whether or not the Decision for the South Powder River 82009. Basin Coal Final Environmental Impact information will have practical utility; SUPPLEMENTARY INFORMATION: As stated Statement, West Antelope Lease by (2) the accuracy of our estimate of the in the FEIS, a ROD will be issued for Application Tract, Wyoming burden of the collection of information; each of the five Federal coal tracts (3) ways to enhance the quality, utility, AGENCY: Bureau of Land Management, considered for leasing in the South and clarity of the information to be Interior. Powder River Coal FEIS. The ROD collected; and, (4) ways to minimize the ACTION: Notice of availability. covered by this Notice of Availability is burden of the collection of information for the West Antelope coal tract on respondents. The information SUMMARY: In accordance with the (WYW151643) and addresses leasing an collections in this program are part of a National Environmental Policy Act of estimated 202.3 million tons of in-place system of records covered by the 1969, the Bureau of Land Management Federal coal administered by the BLM Privacy Act (5 U.S.C. 552(a)). (BLM) announces the availability of the Casper Field Office underlying Record of Decision (ROD) for the South approximately 2,809.13 acres of private Dated: October 20, 2004. Powder River Basin Coal Final surface land in Converse County, Hope Grey, Environmental Impact Statement (FEIS); Wyoming. The ROD approves Information Collection Clearance Officer, West Antelope Lease by Application Alternative 3 as the selected alternative. Fish and Wildlife Service. Tract. A competitive lease sale will be [FR Doc. 04–24207 Filed 10–28–04; 8:45 am] ADDRESSES: The document will be announced in the Federal Register at a BILLING CODE 4310–55–P available electronically on the following later date. Web site: http://www.wy.blm.gov/. Because the Assistant Secretary of the Copies of the ROD are available for Interior, Land and Minerals public inspection at the following BLM Management, has concurred in this office locations: decision, it is not subject to appeal to • Bureau of Land Management, the Interior Board of Land Appeals as Wyoming State Office, 5353 provided in 43 CFR part 4. This Yellowstone Road, Cheyenne, decision is the final action of the Wyoming. Department of the Interior. • Bureau of Land Management, Casper Field Office, 2987 Prospector Alan L. Kesterke, Drive, Casper, Wyoming. Associate State Director. FOR FURTHER INFORMATION CONTACT: Mr. [FR Doc. 04–23594 Filed 10–28–04; 8:45 am] Bob Janssen, Wyoming Coal BILLING CODE 4310–22–P

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63174 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

DEPARTMENT OF THE INTERIOR post, Township 23 North, Range 31 East, Dated: October 6, 2004. and Township 24 and 25 North, Range Stephen K. Hansen, Bureau of Land Management 31 East accepted July 2, 2004, and Acting Cadastral Chief. [AZ–956–05–1420–BJ] officially filed July 15, 2004, for Group [FR Doc. 04–24156 Filed 10–28–04; 8:45 am] 880 Arizona. BILLING CODE 4310–32–M Notice of Filing of Plats of Survey; This plat was prepared at the request Arizona of the Bureau of Indian Affairs, Navajo Regional Office. DEPARTMENT OF THE INTERIOR AGENCY: Bureau of Land Management, Interior. The plat representing the resurvey of National Park Service ACTION: Notice. the south boundary and survey of the subdivisional lines Township 24 North, Notice of Boundary Revision, Big SUMMARY: The plats of survey described Range 31 East, accepted July 30, 2004, Thicket National Preserve below are scheduled to be officially and officially filed August 6, 2004, for SUMMARY: filed in the Arizona State Office, Bureau Group 880 Arizona. This notice announces a of Land Management, Phoenix, Arizona, revision to the boundary of Big Thicket This plat was prepared at the request National Preserve to include three (30) thirty calendar days from the date of the Bureau of Indian Affairs, Navajo of this publication. parcels of land. Two were donated by Regional Office. the Lower Neches Valley Authority and SUPPLEMENTARY INFORMATION: The plat representing the dependent one donated by Thomas E. Nevinger and The Gila and Salt River Meridian, resurvey of the portion of the sixth Joyce Rash Nevinger. The National Park Arizona standard parallel north, a portion of the Service has determined that this boundary revision will make a The plat (in 2 sheets) representing the subdivisional lines and the subdivision significant contribution to the purpose dependent resurvey of a portion of the of section 12 in Township 25 North, for which the preserve was created. second guide meridian east, a portion of Range 30 East, accepted May 18, 2004, the north boundary, a portion of the and officially filed May 26, 2004, for DATES: The effective date of this Order subdivisional lines, portions of general Group 880 Arizona. is the date of the Federal Register number 19 and mineral survey no. 4313 This plat was prepared at the request publication in which this Order A, and a portion of Sunrise No. 12 of the Bureau of Indian Affairs, Navajo appears. mining claim and subdivision of Regional Office. FOR FURTHER INFORMATION CONTACT: sections 1 and 2, Township 18 South, The plat representing the dependent Superintendent, Big Thicket National Range 10 East, accepted August 11, resurvey of the sixth standard parallel Preserve, 3785 Milam Street, Beaumont, 2004, and officially filed August 13, north, and the west and a portion of the TX 77701, or by telephone at (409) 839– 2004, for Group 932 Arizona. north boundaries and the survey of the 2689. This plat was prepared at the request subdivisional, Township 25 North, SUPPLEMENTARY INFORMATION: Section 1 of the Bureau of Land Management. Range 31 East, accepted July 2, 2004, of Act of October 11, 1974, Pub. L. 93– The plat representing the dependent and officially filed July 15, 2004, for 439, 88 Stat. 1254, codified as amended resurvey of a portion of the Group 880 Arizona. at 16 U.S.C. 698 (1994), authorizes the subdivisional lines and the subdivision This plat was prepared at the request Secretary of the Interior to accept title of sections 9 and 10, in Townships 10 to any land or interests in land located of the Bureau of Indian Affairs, Navajo North, Range 22 East, accepted August outside the boundaries of the Big Regional Office. 17, 2004, and officially filed August 26, Thicket National Preserve which any 2004, for Group 919 Arizona. If a protest against a survey, as shown private person, organization, or public The plat was prepared at the request on any of the above plats is received or private corporation may offer to of the United States Forest Service. prior to the date of official filing, the donate to the United States if he finds The plat representing the dependent filing will be stayed pending that such lands would make a resurvey of a portion of the sixth consideration of the protest. A plat will significant contribution to the purpose standard parallel north, (south not be officially filed until the day after for which the preserve was created. boundary), Township 25 North, Range all protests have been dismissed and Pursuant to the above-cited act, the 25 East, accepted August 13, 2004, and become final or appeals from the boundary of the Menard Creek Corridor officially filed August 19, 2004, for dismissal affirmed. Unit of the preserve is being revised to Group 886 Arizona. A person or party who wishes to include those lands donated by Thomas This plat was prepared at the request protest against any of these surveys E. Nevinger and Joyce Rash Nevinger of the Bureau of Indian Affairs, Navajo must file a written protest with the comprised of Tract 127–09 containing Regional Office. Arizona State Director, Bureau of Land 1.10 acres of land, within Liberty The plat (in 3 sheets) representing the Management, stating that they wish to County, Texas, depicted on land dependent resurvey of a portion of the protest. acquisition status map, segment 127 subdivisional lines and the subdivision A statement of reasons for a protest having drawing number 175–30,005. The boundary of the Beaumont Unit of of sections 9, 10 and 14, Township 18 may be filed with the notice of protest the preserve is being revised to include South, Range 29 East, accepted June 29, to the State Director, or the statement of those lands donated by Lower Neches 2004, and officially filed July 9, 2004, reasons must be filed with the State Valley Authority comprised of Tract for Group 884 Arizona. Director within thirty (30) days after the This plat was prepared at the request 193–07 containing 333.88 acres and protest is filed. of the United States Forest Service. Tract 193–08 containing 27.64 acres as The plat representing the dependent FOR FURTHER INFORMATION CONTACT: depicted on land acquisition status map, resurvey of portions of the Arizona-New These plats will be available for segment 193 having drawing number Mexico State Line between the 96 mile inspection in the Arizona State Office, 175–30,009. These maps are on file at post and the 113 mile post and between Bureau of Land Management, P.O. Box the Office of the National Park Service, the 113 1.2 mile post and the 115 mile 1552, Phoenix, Arizona, 85001–1552. Land Resources Program Center,

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63175

Intermountain Region and the Office of inspection Monday through Friday, 8 DEPARTMENT OF THE INTERIOR the Superintendent, Big Thicket a.m. through 4 p.m. at the GWMP National Preserve. Headquarters, Turkey Run Park, National Park Service McLean, Virginia. The FONSI can also Dated: August 3, 2004. National Register of Historic Places; be viewed on the GWMP Web site at William D. Shaddox, Notification of Pending Nominations Regional Director, Intermountain Region. http://www.nps.gov/gwmp. Nominations for the following [FR Doc. 04–24171 Filed 10–28–04; 8:45 am] SUPPLEMENTARY INFORMATION: The properties being considered for listing BILLING CODE 4312–CB–M Decision Notice and FONSI completes in the National Register were received the Environmental Assessment process. by the National Park Service before DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Ms. October 2, 2004. Pursuant to § 60.13 of Sarah Koenen (703) 289–2540. 36 CFR Part 60 written comments National Park Service concerning the significance of these Dated: September 3, 2004. properties under the National Register Decision Notice and Finding of No Jon James, criteria for evaluation may be forwarded Significant Impact (FONSI) for the Deputy Superintendent, George Washington by United States Postal Service, to the Proposal To Rehabilitate the Bridge Memorial Parkway. National Register of Historic Places, Over the North Entrance to Ronald [FR Doc. 04–24173 Filed 10–28–04; 8:45 am] National Park Service, 1849 C St. NW., Reagan Washington National Airport BILLING CODE 4310–70–P 2280, Washington, DC 20240; by all on the George Washington Memorial other carriers, National Register of Parkway, Virginia Historic Places, National Park Service, AGENCY: National Park Service. DEPARTMENT OF THE INTERIOR 1201 Eye St. NW., 8th floor, Washington ACTION: Availability of the Decision DC 20005; or by fax, 202–371–6447. National Park Service Notice and FONSI for the proposal to Written or faxed comments should be submitted by November 15, 2004. Rehabilitate the Bridge over the North Kaloko-Honokohau National Historical Entrance to Ronald Reagan Washington Park Advisory Commission; Notice of Carol D. Shull, National Airport on the George Meeting Keeper of the National Register of Historic Washington Memorial Parkway, Places. Virginia. Notice is hereby given in accordance GEORGIA SUMMARY: Pursuant to Council on with the Federal Advisory Committee Fulton County Environmental Quality regulations and Act that a meeting of the Na Hoapili O National Park Service policy, the Kaloko Honokohau, Kaloko-Honokohau United States Post Office, Federal National Park Service (NPS) announces National Historical Park Advisory Annex, 77 Forsyth St., Atlanta, the availability of the Decision Notice Commission will be held at 9 a.m., 04001217. and FONSI for the Rehabilitation of the November 22, 2004 at the King MARYLAND Bridge over the North Entrance to Kamehameha’s Kona Beach Hotel, Ronald Reagan Washington National Marina Room, Kailua-Kona, Hawaii. Queen Anne’s County Airport. The Decision Notice and FONSI The agenda will include planning for Centreville Historic District, Roughly identifies Alternative B as selected by bounded by Corsica R, Chesterfield Live-In Center Workshop and the NPS for action. It is the preferred Ave, Liberty St, Banio Ln, Railroad discussion on the park’s boundary. and environmentally preferred Ave, town limits and Mill Stream, There will also be a visit to the park if alternative in the Environmental Centreville, 04001218. Assessment. Under this alternative, the time permits. NPS, in cooperation with the Federal The meeting is open to the public. MASSACHUSETTS Highway Administration, will The hotel is accessible to persons with Franklin County rehabilitate the historic bridge over the disabilities. Disabled persons requiring Northfield Center Cemetery, W terminus north entrance to Ronald Reagan special assistance should contact the of Parker Ave., Northfield, 04001220. Washington National Airport on the Superintendent at (808) 329–6881 ext 7, George Washington Memorial Parkway 7 days prior to the meeting. Middlesex County (GWMP). The rehabilitation of the First Burial Ground, Park St. near Centre bridge includes the replacement of the Minutes will be recorded for documentation and transcribed for St., Woburn, 04001222. bridge decking, replacement of West Parish Burying Ground, River and dissemination. Minutes of the meeting guardrails and railings, and construction Cherry Sts., Newton, 04001221. of a shoulder extension to realign the will be available to the public after Mount Vernon Trail. The shoulder approval of the full Advisory Suffolk County extension and trail realignment will Commission. Transcripts will be Forest Hills Cemetery, 95 Forest Hills allow the NPS to spatially and available after 30 days of the meeting. Ave., Boston, 04001219. physically separate trail users from For copies of the minutes, contact MISSOURI northbound traffic on the GWMP. Kaloko-Honokohau National Historical DATES: The Environmental Assessment, Park at (808) 329–6881. Greene County upon which the decision and FONSI Dated: September 24, 2004. Berry Cemetery, 1431 W. Farm Rd. 74, were made, was available for public Ash Grove, 04001224. comment for 30 days on April 19, 2004. Geraldine K. Bell, One response was received and Superintendent, Kaloko-Honokohau National Jackson County addressed on the document. Historical Park. Kelley—Reppert Motor Company ADDRESSES: The Decision Notice and [FR Doc. 04–24175 Filed 10–28–04; 8:45 am] Building, 422 Admiral Blvd., Kansas FONSI will be available for public BILLING CODE 4310–70–M City, 04001223.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63176 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

PENNSYLVANIA INTERNATIONAL TRADE complaint named Ferrellgas, LP, of Liberty, Missouri as respondent. Berks County COMMISSION On December 8, 2003, the Queen Anne Historic District, Roughly [Inv. No. 337–TA–498] administrative law judge (‘‘ALJ’’) issued bounded by Robeson St., North Third an initial determination (‘‘ID’’) St., RR Tracks and Clinton St. In the Matter of Certain Insect Traps; amending the complaint and notice of Reading, 04001227. Notice of Commission Determination investigation to add Blue Rhino Global To Terminate the Investigation in Its Sourcing, LLC, of Winston-Salem, North Dauphin County Entirety on the Basis of a Settlement Carolina, Guangdon Dong Fang Imp. & Agreement; Request for Written Exp. Corp. of Shenzhen, China, and Harrisburg Polyclinic Hospital, 2601 N. Submissions on Remedy, the Public Lentek International, Inc. of Kissimmee, Third St., Harrisburg, 04001225. Interest, and Bonding With Respect to Florida (‘‘Lentek’’) as respondents.1 This Philadelphia County a Respondent Found in Default ID was not reviewed by the Commission. See Order No. 5 Initial Marine Corps Depot of Supplies, AGENCY: U.S. International Trade Determination; Notice of Commission Schuykill Warehouse, 700–734 Commission. Decision Not To Review, 69 FR 2003 Schuykill Ave., Philadelphia, ACTION: Notice. (2004). 04001228. On April 19, 2004, the ALJ issued an SUMMARY: Notice is hereby given that Upper Roxborough Historic District ID, which was not reviewed by the the U.S. International Trade Commission, finding respondent Lentek (Boundary Increase), Upper: roughly Commission has determined to bounded by Cathedral, Harner, Lare, in default. See Order No. 11 Initial terminate the above-captioned Determination (April 19, 2004); Notice Summitt, Eva; Lower: roughly investigation on the basis of a settlement of Commission Decision Not To Review bounded by Eva, Dearnley and agreement. Notice is also hereby given (May 19, 2004). Shawmont, Philadelphia, 04001226. that the Commission is requesting On September 10, 2004, the ALJ RHODE ISLAND briefing on remedy, the public interest, issued his final initial determination and bonding with respect to a (‘‘ID’’) finding no violation of section Newport County respondent found in default. 337 based on a finding of no St. George’s School—Church of St. FOR FURTHER INFORMATION CONTACT: infringement of claims 1 and 32 of the George, Little Chapel, and Memorial Rodney Maze, Ph.D., Esq., Office of the ‘243 patent by the remaining General Counsel, U.S. International Schoolhouse, 372 Purgatory Rd., respondents, Ferrellgas, LP, Blue Rhino Trade Commission, 500 E Street, SW., Middletown, 04001235. Consumer Products, LLC, Blue Rhino Washington, DC 20436, telephone (202) Global Sourcing, LLC, and Guangdon TENNESSEE 205–3065. Copies of non-confidential Dong Fang Imp. & Exp. Corp. documents filed in connection with this (collectively ‘‘Ferrellgas/BlueRhino/ Houston County investigation are or will be available for GDF’’). On September 22, 2004, ABC Erin Limekilns, (Lime Industry of inspection during official business and Ferrellgas/BlueRhino/GDF filed a Houston County, Tennessee MPS) 708 hours (8:45 a.m. to 5:15 p.m.) in the joint motion for an extension of time in McMillan St., Erin, 04001230. Office of the Secretary, U.S. which to file their petitions for review International Trade Commission, 500 E of the ALJ’s final ID. On September 24, Quarry Limekiln, (Lime Industry of Street, SW., Washington, DC 20436, 2004, the ALJ issued a recommended Houston County, Tennessee MPS) TN telephone (202) 205–2000. General determination on remedy and bonding 49, approx 0.25 mi. E of Denmark Rd., information concerning the Commission with respect to respondents Ferrellgas/ Erin, 04001229. may also be obtained by accessing its BlueRhino/GDF. Knox County Internet server (http://www.usitc.gov). Meanwhile, on September 23, 2004, The public record for this investigation the Commission granted all parties their Morton, Benjamin, 4084 Kingston Pike, may be viewed on the Commission’s request for an extension and extended Knoxville, 04001231. electronic docket (EDIS) at http:// the deadline for determining whether to edis.usitc.gov. Hearing-impaired Morton, Benjamin, House, (Knoxville review the final ID until October 1, persons are advised that information on and Knox County MPS) 4084 2004. this matter can be obtained by Kingston Pike, Knoxville, 04001233. On September 30, 2004, ABC and contacting the Commission’s TDD respondents, Ferrellgas/Blue Rhino/ TEXAS terminal on (202) 205–1810. GDF, filed a joint motion to terminate the investigation as to all issues based El Paso County SUPPLEMENTARY INFORMATION: This patent-based section 337 investigation upon a settlement agreement. The Montana Avenue Historic District, 1000 was instituted by the Commission based Commission found that there was no through 1500 Blks of Montana Ave., on a complaint filed by American indication that termination of the El Paso, 04001232. Biophysics Corporation (‘‘ABC’’) of investigation would have an adverse Greenwich, Rhode Island. 68 FR 53752 impact on the public interest and that WYOMING (September 12, 2003). ABC alleged termination based on a settlement Sheridan County violations of section 337 of the Tariff agreement is generally in the public Act of 1930 in the importation into the interest. Accordingly, the joint motion Sheridan Railroad Historic District, United States, the sale for importation, 201–841 Broadway, 508–955 N. and the sale within the United States 1 On April 16, 2004, CPD Associates, Inc., merged Gould, Sheridan, 04001234. after importation of certain insect traps with Blue Rhino Corp. On April 20, 2004, Blue by reason of infringement of claims 1 Rhino Corp., converted into a Delaware limited [FR Doc. 04–24157 Filed 10–28–04; 8:45 am] liability company called Blue Rhino, LLC. and 32 of U.S. Patent No. 6,145,243 Immediately thereafter, on April 21, 2004, Blue BILLING CODE 4312–51–P (hereinafter ‘‘the ‘243 patent’’). The Rhino, LLC merged into Ferrellgas, LP.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63177

to terminate the investigation was If the Commission orders some form Issued: October 25, 2004. granted. of remedy, the President has 60 days to Marilyn R. Abbott, With respect to respondent Lentek, approve or disapprove the Secretary to the Commission. section 337(g)(1), 19 U.S.C. 1337(g)(1), Commission’s action. During this [FR Doc. 04–24206 Filed 10–28–04; 8:45 am] and Commission Rule 210.16(c), 19 CFR period, the subject articles would be BILLING CODE 7020–02–P 210.16(c), authorizes the Commission to entitled to enter the United States under order limited relief against a respondent bond, in an amount determined by the found in default unless, after Commission and prescribed by the INTERNATIONAL TRADE consideration of public interest factors, Secretary of the Treasury. The COMMISSION it finds that such relief should not issue. Commission is therefore interested in In this investigation, the ALJ found [Investigation No. 731–TA–1088 receiving submissions concerning the (Preliminary)] respondent Lentek in default and this amount of the bond that should be decision was not reviewed by the imposed. Polyvinyl Alcohol From Taiwan Commission. As a result, ABC requested Written Submissions: The parties to issuance of (a) a permanent exclusion the investigation, interested government Determination order excluding from entry into the agencies, and any other interested On the basis of the record 1 developed United States all of Lentek’s ‘‘Mosquito parties are encouraged to file written in the subject investigation, the United Trap’’ products that infringe the claims submissions on the issues of remedy, States International Trade Commission of the asserted patents; and (b) a the public interest, and bonding. Such (Commission) determines, pursuant to permanent cease and desist order submissions should address the section 733(a) of the Tariff Act of 1930 prohibiting the importation into the September 24, 2004, recommended (19 U.S.C. 1673b(a)) (the Act), that there United States, the sale for importation determination by the ALJ on remedy is no reasonable indication that an or sale within the United States after and bonding. Complainants and the industry in the United States is importation of all of Lentek’s ‘‘Mosquito Commission investigative attorney are materially injured or threatened with Trap’’ products that infringe the claims also requested to submit proposed material injury, or that the of the asserted patents. remedial orders for the Commission’s establishment of an industry in the The Commission may issue an order consideration. The written submissions United States is materially retarded, by that could result in the exclusion of and proposed remedial orders must be reason of imports from Taiwan of Lentek’s ‘‘Mosquito Trap’’ products filed no later than close of business on polyvinyl alcohol, provided for in from entry into the United States, and/ November 8, 2004. Reply submissions subheading 3905.30.00 of the or issue one or more cease and desist must be filed no later than the close of orders that could result in Lentek being Harmonized Tariff Schedule of the business on November 15, 2004. No United States, that are alleged to be sold required to cease and desist from further submissions on these issues will engaging in unfair acts in the in the United States at less than fair be permitted unless otherwise ordered value (LTFV).23 importation and sale of ‘‘Mosquito by the Commission. Trap’’ products. Accordingly, the Persons filing written submissions Background Commission is interested in receiving must file the original document and 12 On September 7, 2004, a petition was written submissions that address the true copies thereof on or before the filed with the Commission and form of remedy, if any, that should be deadlines stated above with the Office Commerce by Celanese Chemicals Ltd., ordered. If a party seeks exclusion of an of the Secretary. Any person desiring to Dallas, TX, alleging that an industry in article from entry into the United States submit a document (or portion thereof) the United States is materially injured for purposes other than entry for to the Commission in confidence must and threatened with further material consumption, the party should so request confidential treatment unless injury by reason of LTFV imports of indicate and provide information the information has already been polyvinyl alcohol from Taiwan. establishing that activities involving granted such treatment during the Accordingly, effective September 7, other types of entry either are adversely proceedings. All such requests should 2004, the Commission instituted affecting it or are likely to do so. For be directed to the Secretary of the antidumping duty investigation No. background, see In the Matter of Certain Commission and must include a full 731–TA–1088 (Preliminary). Devices for Connecting Computers via Notice of the institution of the Telephone Lines, Inv. No. 337–TA–360, statement of the reasons why the Commission’s investigation and of a USITC Pub. No. 2843 (December 1994) Commission should grant such public conference to be held in (Commission Opinion). treatment. See section 201.6 of the If the Commission contemplates some Commission’s Rules of Practice and connection therewith was given by form of remedy, it must consider the Procedure, 19 CFR 201.6. Documents for posting copies of the notice in the Office effects of that remedy upon the public which confidential treatment by the of the Secretary, U.S. International interest. The factors the Commission Commission is sought will be treated Trade Commission, Washington, DC, will consider include the effect that an accordingly. All non-confidential and by publishing the notice in the exclusion order and/or cease and desist written submissions will be available for Federal Register of September 15, 2004 orders would have on (1) The public public inspection at the Office of the (69 FR 55653). The conference was held health and welfare, (2) competitive Secretary. in Washington, DC, on September 28, conditions in the U.S. economy, (3) U.S. The authority for the Commission’s 1 production of articles that are like or determination is contained in section The record is defined in sec. 207.2(f) of the 337 of the Tariff Act of 1930, as Commission’s Rules of Practice and Procedure (19 directly competitive with those that are CFR 207.2(f)). subject to investigation, and (4) U.S. amended (19 U.S.C. 1337), and in 2 Commissioner Hillman did not participate in consumers. The Commission is sections 210.16(c) and 210.21 of the this investigation. therefore interested in receiving written Commission’s Rules of Practice and 3 Chairman Koplan and Commissioner Miller submissions that address the Procedure (19 CFR 210.16(c) and dissented, having determined that there is a 210.21). reasonable indication that an industry in the United aforementioned public interest factors States is materially injured by reason of allegedly in the context of this investigation. By order of the Commission. LTFV imports of polyvinyl alcohol from Taiwan.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63178 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

2004, and all persons who requested the Office of the General Counsel, Executive Dated: October 1, 2004. opportunity were permitted to appear in Office for Immigration Review, 5107 William J. Walker, person or by counsel. Leesburg Pike, Suite 2600, Falls Church, Deputy Assistant Administrator, Office of The Commission transmitted its VA 22041, telephone (703) 305–0470. Diversion Control, Drug Enforcement determination in this investigation to Dated: October 15, 2004. Administration. the Secretary of Commerce on October Kevin D. Rooney, [FR Doc. 04–24154 Filed 10–28–04; 8:45 am] 22, 2004. The views of the Commission BILLING CODE 4410–09–P are contained in USITC Publication Director, Executive Office for Immigration Review. 3732 (October 2004), entitled Polyvinyl Alcohol from Taiwan: Investigation No. [FR Doc. 04–24208 Filed 10–28–04; 8:45 am] DEPARTMENT OF JUSTICE 731–TA–1088 (Preliminary). BILLING CODE 4410–30–M By order of the Commission. Drug Enforcement Administration Issued: October 25, 2004. DEPARTMENT OF JUSTICE EZRX, LLC Revocation of Registration Marilyn R. Abbott, Secretary to the Commission. Drug Enforcement Administration On May 17, 2004, the Deputy [FR Doc. 04–24205 Filed 10–28–04; 8:45 am] Administrator of the Drug Enforcement Manufacturer of Controlled BILLING CODE 7020–02–P Administration (DEA) issued an Order Substances; Notice of Application to Show Cause and Immediate Pursuant to 21 CFR 1301.33(a), this is Suspension of Registration to EXRX, DEPARTMENT OF JUSTICE notice that on May 25, 2004, Cambrex LLC (EZRX) of Union, New Jersey. North Brunswick Inc., Technology EZRX was notified of an opportunity to [EOIR No. 149] Centre of New Jersey, 661 Highway One, show cause as to why DEA should not revoke its DEA Certificate of Executive Office for Immigration North Brunswick, New Jersey 08902, made application by renewal and on Registration, BE8488783, as a retail Review; Notice Extending Period To pharmacy, and deny any pending File Motions To Reopen Under the June 11, 2004 by letter to the Drug Enforcement Administration (DEA) for applications for renewal or modification Barahona-Gomez v. Ashcroft of such registration pursuant to 21 Settlement registration as a bulk manufacturer of the basic classes of controlled U.S.C. 823(f) and 824(a)(4) for reason AGENCY: Executive Office for substances listed: that its continued registration would be Immigration Review (‘‘EOIR’’), Justice. inconsistent with the public interest. ACTION: Notice. Drug Schedule EZRX was further notified that its DEA registration was immediately suspended SUMMARY: This notice is to inform all N-Ethylamphetamine (1475) ...... I as an imminent danger to the public parties that the motion to reopen period Tetrahydrocannabinols (7370) ..... I health and safety pursuant to 21 U.S.C. as defined in section (II)(B)(4) of the 2,5-Dimethoxyamphetamine I 824(d). settlement agreement in Barahona- (7396). The Order to Show Cause and 3,4-Methylenedioxyamphetamine I Gomez v. Ashcroft, 243 F. Supp. 2d Immediate Suspension alleged in sum, 1029 (N.D. Cal. 2002), was extended to (7400). 4-Methoxyamphetamine (7411) ... I that EZRX was engaged in illegally March 20, 2005. The full settlement Amphetamine (1100) ...... II dispensing controlled substances as part agreement can be found at 243 F. Supp. Methamphetamine (1105) ...... II of a scheme in which controlled 2d 1029 (N.D. Cal. 2002), and also is Methylphenidate (1724) ...... II substances were dispensed by EZRX reproduced on the EOIR Web site at Codeine (9050) ...... II based on Internet orders placed by http://www.usdoj.gov/eoir. The Hydromorphone (9150) ...... II customers and approved by associated settlement agreement initially provided Hydrocodone (9193) ...... II physicians, based solely on their review that the motion to reopen period was for Methadone (9250) ...... II of Internet questionnaires and without eighteen (18) months from the date the Methadone Intermediate (9254) ... II Morphine (9300) ...... II personal contact, examination or bona Advisory Statement was published in fide physician/patient relationships. the Federal Register. The Advisory Sufentanil (9740) ...... II Fentanyl (9801) ...... II Such prescriptions were not issued ‘‘in Statement providing notice of the the usual course of professional settlement was published in the Federal The company plans to manufacture treatment’’ and violated 21 CFR 1306.04 Register on March 20, 2003. See 68 FR the listed controlled substances in bulk and 21 U.S.C. 841(a). This action was 13727. The motion to reopen period was for distribution to its customers. part of a nationwide enforcement to close on September 20, 2004. Under Any other such applicant and any operation by DEA titled Operation section (II)(B)(4) of the settlement person who is presently registered with Pharmnet, which targeted online agreement, if any eligible class member DEA to manufacture such a substance suppliers of prescription drugs, filed a motion to reopen proceedings may file comments or objections to the including owners, operators, under the settlement agreement within issuance of the proposed registration pharmacists and doctors, who have six months prior to September 20, 2004, pursuant to 21 CFR 1301.33(a). illegally and unethically been marketing the motion to reopen period is extended Any such comments or objections controlled substances via the Internet. for an additional 180 days. This notice may be addressed, in quintuplicate, to According to the investigative file on acknowledges that the deadline date the Deputy Assistant Administrator, May 26, 2004, the Order to Show Cause was extended to March 20, 2005. Office of Diversion Control, Drug and Immediate Suspension of DATES: The deadline for filing motions Enforcement Administration, United Registration was personally served by to reopen under the settlement States Department of Justice, Special Agents and Diversion agreement was extended to March 20, Washington, DC 20537, Attention: DEA Investigators of the DEA at EZRX’s 2005. Federal Register Representative (ODLR) registered premises in Union, New FOR FURTHER INFORMATION CONTACT: and must be filed no later than Jersey. More than thirty days have MaryBeth Keller, General Counsel, December 28, 2004. passed since the Order to Show Cause

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63179

and Immediate Suspension of posed an immediate threat to the public EZRX ordered in excess of 300,000 Registration was served on EZRX and health and safety. dosage units of Schedule III and IV DEA has not received a request for Subsequent investigation by Miami controlled substances, including the hearing or any other reply from EZRX or DEA investigators revealed that on controlled substances commonly sold anyone purporting to represent it in this August 21, 2003, the same day a federal through websites affiliated with E.V.A. matter. search warrant was being executed on Global, Inc., to include phentermine, Therefore, the Deputy Administrator Lifeline’s Florida premises, Mr. Ionamin, Meridia, Didrex, of DEA, finding that (1) thirty days Hernandez filed a new application for phendimetrazine tartrate and Ambien. having passed since the delivery of the registration on behalf of EZRX, as a The Controlled Substances Act (CSA) Order to Show Cause and Immediate retail pharmacy in New Jersey. That establishes a ‘‘closed system’’ of Suspension of Registration to EZRX, and application was inadvertently routinely distribution that regulates the (2) no request for hearing having been processed in New Jersey while the movement of controlled substance received, concludes that EZRX is Miami investigation was still in process prescription medications from deemed to have waived its hearing right. and it was approved on September 9, importation or manufacture through See David W. Linder, 67 FR 12,579 2003. Later, in the course of document their delivery to the ultimate user (2002). After considering material from review, DEA Miami investigators found patient via the dispensing, the investigative file in this matter, the paperwork indicating Mr. and Mrs. administering or prescribing, pursuant Deputy Administrator now enters her Hernandez were the owners of EZRX to the lawful order of a practitioner. The final order without a hearing pursuant and that two Florida employees, Mr. regulations implementing the CSA to 21 CFR 1301.43(d) and (e) and Hernandez’ nephew and wife, were also explicitly describe the parameters of a 1301.46. key employees of the New Jersey retail lawful prescription as follows: ‘‘A The Deputy Administrator finds pharmacy. prescription for a controlled substance EZRX is currently registered with DEA On November 6, 2003, DEA Miami to be effective must be issued for a investigators made an undercover buy as a retail pharmacy under DEA legitimate medical purpose by an from a Florida-based website. Using a Registration, BE8488783 to dispense individual practitioner acting in the fictitious name and an undercover Schedule II through V Controlled usual course of his professional Internet e-mail account and computer, Substances. That registration expires on practice.’’ 21 CFR 1306.04(a). investigators placed an order for Bontril, Prescriptions issued not in the ‘‘usual August 31, 2006. The owners of EZRX a Schedule IV controlled substance course of professional treatment’’ are are Frank C. Hernandez and his wife, weight loss medication. After filling out not ‘‘prescriptions’’ for purposes of the Amada Hernandez. a medical questionnaire on the website CSA and individuals issuing and filling In 2003, the DEA Miami Field and sending a money order to an such purported prescriptions are subject Division initiated regulatory affiliated company, E.V.A. Global, Inc., to the penalties for violating the CSA’s investigations of C&H Wholesale, Inc. a package was received at the controlled substances provisions. (C&H) and Lifeline Pharmacy, Inc. undercover address via Federal Express. In United States v. Moore, 423 U.S. (Lifeline). C&H was registered with DEA It was shipped by EZRX on November 122 (1975), the Supreme Court held as a distributor of Schedule II through 11, 2003, from its registered address and that, ‘‘Implicit in the registration of a V controlled substances and Lifeline contained 89 Bontril SR 105mg physician is the understanding that he was registered as a retail pharmacy of capsules. The prescription label is authorized only to act ‘as a the same substances. Both companies indicated it had been dispensed by physician’.’’ Id., at 141. In Moore the are owned by Mr. and Mrs. Hernandez EZRX and the issuing physician was an court implicitly approved a jury and the registered premises they occupy individual, later identified as a DEA instruction that acting ‘‘as a physician’’ are physically connected and share floor registrant, who had prescribed is acting ‘‘in the usual course of a space with the Hernandez’ non-drug controlled substances during similar professional practice and in accordance businesses. undercover purchases made through with a standard of medical practice During the regulatory examination of Lifeline. There was no contact between generally recognized and accepted in C&H, it was discovered that C&H was the prescribing physician and the the United States.’’ Id., at 138–139; see, distributing controlled substances undercover investigator, other than United States v. Norris, 780 F.2d 1207, almost exclusively to South Florida transmission of the Internet 1209 (5th Cir. 1986). pharmacies, including Lifeline, which questionnaire. Responsible professional were filling Internet controlled Another physician involved with organizations have issued guidance in substance prescriptions. The majority of Internet prescribing thorough E.V.A. this area. The American Medical distributions were for Schedule III and Global, Inc. was interviewed by Association’s guidance for physicians IV controlled substance weight loss investigators and described the process. on the appropriate use of the Internet in medications including, but not limited He would access a web site provided prescribing medication (H–120.949 to substantial quantities of phentermine, him by E.V.A. Global, Inc., where Guidance for Physicians on Internet phendimetrazine tartrate, Dexedrine and customers’ medical questionnaires Prescribing) states: tenuate. would be posted. The physician would ‘‘Physicians who prescribe On October 10, 2003, as a result of access the questionnaires one at a time, medications via the Internet shall investigative findings that C&H and review the questionnaire and either establish, or have established, a valid Lifeline were facilitating and dispensing approve or deny the prescription patient-physician relationship, controlled substances by virtue of request. He did not have the ability to including, but not limited to, the prescriptions issued not for legitimate suggest an alternative drug or an following components. The physician medical purposes and not in the usual alternate amount and there was never shall: course of professional medical practice, any contact between the physician and i. Obtain a reliable medical history the then-Acting Deputy Administrator either the ‘‘patient’’ or the dispensing and perform a physical examination of issued orders to show cause to C&H and pharmacy. the patient, adequate to establish the Lifeline and immediately suspended It was determined that from diagnosis for which the drug is being their registrations on grounds that the September through November 2003, prescribed and to identify underlying

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63180 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

conditions and/or contraindications to statement specifically explained that the serious health risks to patients. Rogue the treatment recommended/provided; completion of ‘‘a questionnaire that is Internet pharmacies facilitate the easy ii. Have sufficient dialogue with the then review by a doctor hired by the circumvention of legitimate medical patient regarding treatment options and Internet pharmacy could not be practice. The FDA has stated: the risks and benefits of treatment(s); considered the basis for a doctor/patient We know that adverse events are under- iii. As appropriate, follow up with the relationship * * * ’’ Id., at 21,182– reported and we know from history that patient to assess the therapeutic 21,183. tolerating the sale of unproven, fraudulent, or outcome; Rogue Internet Pharmacies bypass a adulterated drugs results in harm to the iv. Maintain a contemporaneous legitimate doctor-patient relationship, public health. It is reasonable to expect that medical record that is readily available usually by use of a cursory and the illegal sales of drugs over the Internet and to the patient and, subject to the incomplete online questionnaire or the number of resulting injuries will increase patient’s consent, to his or her other perfunctory telephone ‘‘consult’’ with a as sales on the Internet grow. Without clear health care professionals; and and effective law enforcement, violators will doctor, who usually has a contractual have no reason to stop their illegal practices. v. Include the electronic prescription arrangement with the online pharmacy information as part of the patient Unless we begin to act now, unlawful and is often paid on the basis of conduct and the resulting harm to consumers medical record.’’ prescriptions issued. The Food and most likely will increase. In April 2000, the Federation of State Drug Administration (FDA) considers See U.S. Food and Drug Administration, Medical Boards adopted Model the questionnaire, in lieu of face-to-face Buying Medicines and Medical Products Guidelines for the Appropriate use of interaction, to be a practice that Online, General FAQs (http://fda.gov/ the Internet in Medical Practice, which undermines safeguards of direct medical states, in pertinent part, that: oc/buyonline/default.htm). supervision and amounts to substandard Pursuant to 21 U.S.C. 823(f) and Treatment and consultation medical care. See U.S. Food and Drug 824(a)(4), the Deputy Administrator may recommendations made in an online setting, Administration, Buying Medicines and revoke a DEA Certificate of Registration including issuing a prescription via Medical Products Online, General FAQs electronic means, will be held to the same and deny any pending application for (http://fda.gov/oc/buyonline/ renewal of such registration, if she standards of appropriate practice as those in default.htm). traditional (face-to-face) settings. Treatment, determines that the continued The National Association of Boards of including issuing a prescription, based solely registration would be inconsistent with on an online questionnaire or consultation Pharmacy considers internet pharmacies the public interest. Section 823(f) does not constitute an acceptable standard of to be suspect if: requires that the following factors be care. They dispense prescription medications considered in determining the public The CSA regulations establish certain without requiring the consumer to mail in a interest: responsibilities not only on individual prescription, and if they dispense (1) The recommendation of the practitioners who issue prescriptions for prescription medications and do not contact appropriate state licensing board or the patient’s prescriber to obtain a valid controlled substances, but also on verbal prescription. Further, online professional disciplinary authority. pharmacists who fill them. A pharmacies are suspect if they dispense (2) The applicant’s experience in pharmacist’s ‘‘corresponding prescription medications solely based upon dispensing or conducting research with responsibility’’ regarding the proper the consumer completing an online respect to controlled substances. dispensing of controlled substances is questionnaire without the consumer having a (3) The applicant’s conviction record explicitly described in 21 CFR pre-existing relationship with a prescriber under federal or state laws relating to 1306.04(a). It provides: and the benefit of an in-person physical the manufacture, distribution, or examination. State boards of pharmacy, dispensing of controlled substances. A prescription for a controlled substance to boards of medicine, the FDA, as well as the be effective must be issued for a legitimate (4) Compliance with applicable state, AMA, condemn this practice and consider it federal, or local laws relating to medical purpose by an individual to be unprofessional. practitioner acting in the usual course of his controlled substances. professional practice. The responsibility for See, National Association of Boards of (5) Such other conduct which may the proper prescribing and dispensing of Pharmacy, VIIPS Program, Most threaten the public health or safety. controlled substances is upon the prescribing Frequently Asked Questions (http:// These factors are to be considered in practitioner, but a corresponding www.nabp.net/vipps/consumer/ the disjunctive; the Deputy responsibility rests with the pharmacist who faq.asp). Administrator may rely on any one or a fills the prescription. Rogue Internet pharmacies often use combination of factors and may give In an April 21, 2001, policy statement, persons with limited or no knowledge of each factor the weight she deems entitled, Dispensing and Purchasing medications and standard pharmacy appropriate in determining whether a Controlled Substances Over the Internet, practices to fill prescriptions, do not registration should be revoked or an 66 FR 21,181 (2001), DEA delineated advertise the availability of pharmacists application for registration denied. See certain circumstances in which for medication consultation, and focus Henry J. Schwartz, Jr., M.D., 54 FR prescribing over the Internet is on select medications, usually lifestyle, 16,422 (1989). unlawful. The policy provides, inter obesity and pain medications. Rogue In this case, the Deputy Administrator alia, that a controlled substance should Internet pharmacies generally do not finds factors two, four and five relevant not be issued or dispensed unless there protect the integrity of original faxed to a determination of whether EZRX’s was a bona fide doctor/patient prescriptions by requiring that they be continued registration remains relationship. Such a relationship received directly from the prescriber consistent with the public interest. required that the patient has a medical (not the patient) and do not verify the With regard to factor one, the complaint, a medical history be taken, a authenticity of suspect prescriptions. recommendation of the appropriate state physical examination performed, and When the established safeguards of an licensing board or professional some logical connection exists between authentic doctor-patient relationship are disciplinary authority, there is no the medical complaint, the medical lacking, controlled substance evidence in the investigative file that history, the physical examination, and prescription drugs can not only be EZRX has been the subject of a state the drug prescribed. The policy misused, but also present potentially disciplinary proceeding, nor is there

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63181

evidence demonstrating that its state (2004); Rick Joe Nelson, M.D., 66 FR United States District Court seeking to pharmacy license or state controlled 30,752 (2001). restrain DEA from imposing the substance authority are currently Similarly, in the past few years, DEA immediate suspensions of their restricted in any form. Nevertheless, has issued orders to show cause and registrations. After the District Court state licensure is a necessary, but not subsequently revoked the DEA held hearings to make a threshold sufficient condition for registration, and registrations of pharmacies which failed determination that DEA had some basis therefore, this factor is not dispositive. to fulfill their corresponding to back up its allegations regarding the See e.g., Wesley G. Harline, M.D., 65 FR responsibility in Internet prescribing Internet prescribing activities of C&H 5,665–01 (2000); James C. LaJevic, operations, similar to those of EZRX and and Lifeline, the Court upheld the D.M.D., 64 FR 55,962 (1999). its principals and their affiliated immediate suspensions by DEA, finding With regard to factors two and four, companies. See Prescriptiononline.com, ‘‘there is not a substantial likelihood the Deputy Administrator finds that the 69 FR 5,583 (2004); Pill Box Pharmacy that C&H and Lifeline will prevail on primary conduct at issue in this (surrendered DEA registration as part of the merits.’’ It further stated, ‘‘the proceeding (i.e., the unlawful owner’s and pharmacy’s guilty plea to danger of the public obtaining dispensing of controlled substance 21 U.S.C. 841(a)(1) violation); Friendly controlled substances outweighs the prescriptions for use by Internet Pharmacy (pharmacist pled guilty and threatened injury to C&H and Lifeline. customers) relates to both EZRX’s and owner convicted at trial, of violating 21 Granting the preliminary injunction its owners’ experience in dispensing U.S.C. 841(a). Indeed, C&H and Lifeline, would affect the public interest, again controlled substances, as well as its the predecessor Internet pharmacy putting the public in danger of obtaining compliance with applicable state, entities owned by EZRX’s principals, controlled substances.’’ See C&H federal, or local laws relating to were both subjects of orders to show Wholesale, Inc. and Lifeline Pharmacy, controlled substances. DEA has cause with immediate suspensions and Inc., CIV 03–61910 (S.D. Fla., October consistently held that the registration of both companies surrendered their DEA 23, 2003). Nevertheless after the District a pharmacy may be revoked as the result Certificates of Registration. Court’s Order, EZRX continued this of the unlawful activity of the In the instant case, physicians practice and dispensed the controlled pharmacy’s owners, majority associated with the Internet operation substance ordered over the Internet by shareholders, officers, managing authorized prescriptions for controlled undercover agents on November 6, pharmacist or other key employee. See substances without the benefit of face- 2003. Plaza Pharmacy, 53 FR 36,910 (1988) to-face physician-patient contact, Similarly, factor five is relevant to Mr. A DEA registration authorizes a physical exam or medical test. There is Hernandez’ timing in applying for physician to prescribe or dispense no information in the investigative file EZRX’s DEA registration on August 21, controlled substances only within the demonstrating that the issuing 2003. This is the date a federal search usual course of his or her professional physicians even took the time warrant was executed on Lifeline, his practice. For a prescription to have been corroborate responses to questionnaires Florida pharmacy and further suggests issued within the course of a that were submitted by EZRX’s the New Jersey operation was practitioner’s professional practice, it customers. Here, it is clear that the established by Mr. Hernandez to must have been written for a legitimate issuance of controlled substance continue Internet dispensing as a back medical purpose within the context of a prescriptions to persons whom the up to his Florida operations. valid physician-patient relationship. See prescribing physician has not The Deputy Administrator has Mark Wade, M.D., 69 FR 7,018 (2004). established a valid physician-patient previously expressed her deep concern 51,600 (1998). Legally, there is relationship is a radical departure from about the increased risk of diversion absolutely no difference between the the normal course of professional which accompanies Internet controlled sale of an illicit drug on the street and practice and that EZRX knowingly substance transactions. Given the the illicit dispensing of a licit drug by participating in this scheme. nascent practice of cyber-distribution of means of a physician’s prescription. See With regard to factor three, controlled drugs to faceless individuals, Floyd A Santner, M.D., 55 FR 37,581 applicant’s conviction record under where interaction between individuals (1990). federal or state laws relating to the is limited to information on a computer Factors two and four are relevant to dispensing of controlled substances, the screen or credit card, it is virtually EZRX’s dispensing of Internet record does not reflect that EZRX or its impossible to insure that these highly prescribed controlled substances. The principals have been convicted of a addictive, and sometimes dangerous Deputy Administrator concludes from a felony related to controlled substances. products will reach the intended review of the record that the physicians Regarding factor five, such other recipient, and if so, whether the person issuing these prescriptions did not conduct which may threaten the public purchasing these products has an actual establish valid physician-patient health or safety, the Deputy need for them. The ramifications of relationships with Internet customers to Administrator finds this factor relevant obtaining dangerous and highly whom they prescribed controlled to EZRX’s continued dispensing to addictive drugs with the ease of logging substances. DEA has previously found Internet customers after issuance of on to a computer and the use of a credit that prescriptions issued through a policy statements designed to assist card are disturbing and immense, pharmacy Internet Web site are not licensed practitioners and pharmacists particularly when one considers the considered as having been issued in the in the proper prescribing and growing problem of the abuse of usual course of medical practice, in dispensing of dangerous controlled prescription drugs in the United States. violation of 21 CFR 1306.04 and has drugs. See, Mark Wade, M.D., supra, 69 FR revoked the DEA registrations of several Factor five is also relevant to EZRX’s 7,018. physicians for participating in Internet continued Internet prescribing after The Deputy Administrator has also prescribing schemes similar to or C&H and Lifeline, both owned by the previously found that in a 2001 report, identical to that of EZRX. See, Marvin principals of EZRX, were served with the National Clearinghouse for Alcohol L. Gibbs, Jr., M.D., 69 FR 11,658 (2004); Orders to Show Cause and for and Drug Information estimated that 4 Mark Wade, M.D., supra, 69 FR 7,018; Immediate Suspensions in October million Americans ages 12 and older Ernesto A. Cantu, M.D., 69 FR 7,104–02 2003. These entities sought an order in had acknowledged misusing

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63182 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

prescription drugs. That accounts for DEPARTMENT OF LABOR Signed in Washington, DC, this 13th day of 2% to 4% of the populations—a rate of October, 2004. abuse that has quadrupled since 1980. Employment and Training Richard Church, Prescription drug abuse—typically of Administration Certifying Officer, Division of Trade painkillers, sedatives and mood-altering [TA–W–55, 382] Adjustment Assistance. drugs—accounts for one-third of all [FR Doc. E4–2910 Filed 10–28–04; 8:45 am] illicit drug use in the United States. See Eclipsys Corporation, Santa Rosa, BILLING CODE 4510–30–P Mark Wade, M.D., supra, 69 FR 7,018. California; Notice of Affirmative The Deputy Administrator finds that Determination Regarding Application with respect to Internet transactions for Reconsideration DEPARTMENT OF LABOR involving controlled substances, the horrific untold stories of drug abuse, By letter of September 27, 2004, a Employment and Training addiction and treatment are the petitioner requested administrative Administration unintended, but foreseeable reconsideration of the Department of consequence of providing highly Labor’s Notice of Negative [TA–W–55,622] addictive drugs to the public without Determination Regarding Eligibility To KAMCO Plastics, Inc., Galesburg, IL; oversight. The closed system of Apply for Worker Adjustment Notice of Termination of Investigation distribution, brought about by the Assistance, applicable to workers of the enactment of the Controlled Substances subject firm. The Department’s Pursuant to Section 221 of the Trade Act, is completely compromised when determination notice was signed on Act of 1974, as amended, an individuals can easily acquire August 31, 2004. The Notice was investigation was initiated on controlled substances without regard to published in the Federal Register on September 16, 2004 in response to a age or health status. Such lack of September 23, 2004 (69 FR 57093). worker petition filed on behalf of oversight describes EZRX, its principals, The Department reviewed the request workers at Kamco Plastics, Inc., their associated companies and for reconsideration and has determined Galesburg, Illinois. affiliated physician’s practice of issuing that the original investigation requires The petition regarding the prescriptions for and distributing further investigation. Therefore, the investigation has been deemed invalid. controlled substances to indistinct Department will conduct further In order to establish a valid worker Internet customers. Such conduct investigation to determine if the workers group, there must be at least three full- contributes to the abuse of controlled meet the eligibility requirements of the time workers employed at some point substances by EZRX’s customers and is Trade Act of 1974. during the period under investigation. relevant under factor five and further Conclusion Workers of the group subject to this supports revocation of its DEA investigation did not meet the threshold After careful review of the Certificate of Registration. of employment. Consequently the application, I conclude that the claim is It appears that EZRX and its investigation has been terminated. principals, motivated purely by profit of sufficient weight to justify and in pursuit of financial gain, have reconsideration of the Department of Signed at Washington, DC, this 15th day of October 2004. demonstrated a cavalier disregard for Labor’s prior decision. The application controlled substance laws and is, therefore, granted. Richard Church, regulations and a disturbing Signed at Washington, DC, this 20th day of Certifying Officer, Division of Trade indifference to the health and safety of October, 2004. Adjustment Assistance. customers who purchased dangerous Linda G. Poole, [FR Doc. E4–2911 Filed 10–28–04; 8:45 am] drugs through the Internet. Such Certifying Officer, Division of Trade BILLING CODE 4510–30–P demonstrated lack of character and Adjustment Assistance. adherence to the responsibilities [FR Doc. E4–2908 Filed 10–29–04; 8:45 am] DEPARTMENT OF LABOR inherent in a DEA registration show in BILLING CODE 4510–30–P no uncertain terms that EZRX’s Employment and Training continued registration with DEA would Administration be inconsistent with the public interest. DEPARTMENT OF LABOR Accordingly, the Acting Deputy [TA–W–55,504] Administrator of the Drug Enforcement Employment and Training Administration, pursuant to the Administration PPC Insulators Knoxville, TN; Notice of authority vested in her by 21 U.S.C. 823 [TA–W–55,596] Revised Determination on and 824 and 28 CFR 0.100(b) and 0.104, Reconsideration of Alternative Trade hereby orders that DEA Certificate of Interdynamics, Inc., Brooklyn, NY; Adjustment Assistance Registration BE8488783, previously Notice of Termination of Investigation issued to EZRX, LLC, be, and it hereby By letter dated September 30, 2004, is, revoked. The Deputy Administrator Pursuant to Section 221 of the Trade the Tennessee AFL–CIO Technical further orders that any pending Act of 1974, an investigation was Assistance Center requested applications for renewal of such initiated on September 13, 2004 in administrative reconsideration registration be, and they hereby are, response to petition filed by a company regarding Alternative Trade Adjustment denied. This order is effective official on behalf of workers at Assistance (ATAA). The negative November 29, 2004. Interdynamics, Inc., Brooklyn, New determination was signed on September York. 15, 2004 and published in the Federal Dated: September 29, 2004. The petitioner has requested that the Register on October 8, 2004 (69 FR Michele M. Leonhart, petition be withdrawn. Consequently, 60427). Deputy Administrator. further investigation in this case would The workers of PPC Insulators, [FR Doc. 04–24235 Filed 10–28–04; 8:45 am] serve no purpose, and the investigation Knoxville, Tennessee were certified BILLING CODE 4410–09–M has been terminated. eligible to apply for Trade Adjustment

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63183

Assistance (TAA) on September 15, Signed at Washington, DC this 15th day of impractical and contrary to the public 2004. October 2004. interest. The initial ATAA investigation Richard Church, General wage determination determined that the skills of the subject Certifying Officer, Division of Trade decisions, and modifications and worker group are easily transferable to Adjustment Assistance. supersedes decisions thereto, contain no other positions in the local area. [FR Doc. E4–2912 Filed 10–28–04; 8:45 am] expiration dates and are effective from The AFL–CIO provided BILLING CODE 4510–30–P their date of notice in the Federal documentation with the request for Register, or on the date written notice reconsideration that the skills of the is received by the agency, whichever is workers at the subject firm are not easily DEPARTMENT OF LABOR earlier. These decisions are to be used transferable in the local commuting in accordance with the provisions of 29 area. Employment Standards CFR Parts 1 and 5. Accordingly, the Additional investigation has Administration; Wage and Hour applicable decision, together with any determined that the workers possess Division modifications issued, must be made a skills that are not easily transferable. A part of every contract for performance of significant number or proportion of the Minimum Wages for Federal and the described work within the worker group are age fifty years or over. Federally Assisted Construction; geographic area indicated as required by Competitive conditions within the General Wage Determination Decisions an applicable Federal prevailing wage industry are adverse. law and 29 CFR Part 5. The wage rates General wage determination decisions Conclusion and fringe benefits, notice of which is of the Secretary of Labor are issued in published herein, and which are After careful review of the additional accordance with applicable law and are contained in the Government Printing facts obtained on reconsideration, I based on the information obtained by Office (GPO) document entitled conclude that the requirements of the Department of Labor from its study ‘‘General Wage Determinations Issued Section 246 of the Trade Act of 1974, as of local wage conditions and data made Under The Davis-Bacon And Related amended, have been met for workers at available from other sources. They Acts,’’ shall be the minimum paid by the subject firm. specify the basic hourly wage rates and contractors and subcontractors to In accordance with the provisions of fringe benefits which are determined to laborers and mechanics. the Act, I make the following be prevailing for the described classes of Any person, organization, or certification: laborers and mechanics employed on governmental agency having an interest construction projects of a similar ‘‘All workers of PPC Insulators, Knoxville, in the rates determined as prevailing is Tennessee, who became totally or partially character and in the localities specified encouraged to submit wage rate and separated from employment on or after therein. fringe benefit information for August 20, 2003 through September 15, 2006, The determinations in these decisions consideration by the Department. are eligible to apply for adjustment assistance of prevailing rates and fringe benefits Further information and self- under Section 223 of the Trade Act of 1974, have been made in accordance with 29 explanatory forms for the purpose of and are also eligible to apply for alternative CFR Part 1, by authority of the Secretary submitting this data may be obtained by trade adjustment assistance under Section 246 of the Trade Act of 1974.’’ of Labor pursuant to the provisions of writing to the U.S. Department of Labor, the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, Signed in Washington, DC, this 20th day of as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of October 2004. 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution Linda G. Poole, statutes referred to in 29 CFR Part 1, Avenue, NW., Room S–3014, Certifying Officer, Division of Trade Appendix, as well as such additional Washington, DC 20210. Adjustment Assistance. statutes as may from time to time be Modification to General Wage [FR Doc. E4–2909 Filed 10–28–04; 8:45 am] enacted containing provisions for the Determination Decisions BILLING CODE 4510–30–P payment of wages determined to be prevailing by the Secretary of Labor in The number of the decisions listed to accordance with the Davis-Bacon Act. the Government Printing Office DEPARTMENT OF LABOR The prevailing rates and fringe benefits document entitled ‘‘General Wage determined in these decisions shall, in Determinations Issued Under the Davis- Employment and Training accordance with the provisions of the Bacon and related Acts’’ being modified Administration foregoing statutes, constitute the are listed by Volume and State. Dates of [TA–W–55,772] minimum wages payable on Federal and publication in the Federal Register are federally assisted construction projects in parentheses following the decisions Southern Mechanical Services, Inc. to laborers and mechanics of the being modified. Albemarle, NC; Notice of Termination specified classes engaged on contract Volume I of Investigation work of the character and in the New Jersey Pursuant to Section 221 of the Trade localities described therein. NJ030002 (JUN. 13, 2003) Act of 1974, as amended, an Good cause is hereby found for not New York investigation was initiated on October utilizing notice and public comment NJ030002 (JUN. 13, 2003) 12, 2004, in response to a worker procedure thereon prior to the issuance NJ030006 (JUN. 13, 2003) petition filed by a company official on of these determinations as prescribed in NJ030010 (JUN. 13, 2003) behalf of workers at Southern 5 U.S.C. 553 and not providing for delay NJ030011 (JUN. 13, 2003) NJ030021 (JUN. 13, 2003) Mechanical Services, Inc., Albemarle, in the effective date as prescribed in that NJ030026 (JUN. 13, 2003) North Carolina. section, because the necessity to issue NJ030031 (JUN. 13, 2003) The petitioner has requested that the current construction industry wage NJ030032 (JUN. 13, 2003) petition be withdrawn. Consequently, determinations frequently and in large NJ030037 (JUN. 13, 2003) the investigation has been terminated. volume causes procedures to be NJ030044 (JUN. 13, 2003)

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63184 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

NJ030046 (JUN. 13, 2003) MI030081 (JUN. 13, 2003) subscription to the Davis-Bacon Online NJ030047 (JUN. 13, 2003) MI030082 (JUN. 13, 2003) Service (http:// NJ030052 (JUN. 13, 2003) MI030083 (JUN. 13, 2003) davisbacon.fedworld.gov) of the NJ030054 (JUN. 13, 2003) MI030084 (JUN. 13, 2003) National Technical Information Service NJ030057 (JUN. 13, 2003) MI030085 (JUN. 13, 2003) NJ030060 (JUN. 13, 2003) MI030087 (JUN. 13, 2003) (NTIS) of the U.S. Department of NJ030066 (JUN. 13, 2003) MI030088 (JUN. 13, 2003) Commerce at 1–800–363–2068. This NJ030071 (JUN. 13, 2003) MI030089 (JUN. 13, 2003) subscription offers value-added features NJ030076 (JUN. 13, 2003) MI030090 (JUN. 13, 2003) such as electronic delivery of modified Volume II MI030091 (JUN. 13, 2003) wage decisions directly to the user’s MI030092 (JUN. 13, 2003) desktop, the ability to access prior wage District of Columbia MI030093 (JUN. 13, 2003) DC030001 (JUN. 13, 2003) decisions issued during the year, MI030094 (JUN. 13, 2003) extensive Help desk Support, etc. DC030003 (JUN. 13, 2003) MI030095 (JUN. 13, 2003) Maryland Hard-copy subscriptions may be MI030096 (JUN. 13, 2003) purchased from: Superintendent of MD030002 (JUN. 13, 2003) MI030097 (JUN. 13, 2003) MD030009 (JUN. 13, 2003) MI030098 (JUN. 13, 2003) Documents, U.S. Government Printing MD030021 (JUN. 13, 2003) MI030099 (JUN. 13, 2003) Office, Washington, DC 20402, (202) MD030029 (JUN. 13, 2003) MI030100 (JUN. 13, 2003) 512–1800. MD030034 (JUN. 13, 2003) MI030101 (JUN. 13, 2003) When ordering hard-copy MD030036 (JUN. 13, 2003) MI030103 (JUN. 13, 2003) subscription(s), be sure to specify the MD030037 (JUN. 13, 2003) MI030105 (JUN. 13, 2003) MD030042 (JUN. 13, 2003) State(s) of interest, since subscriptions MI030106 (JUN. 13, 2003) may be ordered for any or all of the six MD030048 (JUN. 13, 2003) Minnesota MD030056 (JUN. 13, 2003) separate volumes, arranged by State. MN030006 (JUN. 13, 2003) MD030057 (JUN. 13, 2003) Subscriptions include an annual edition MN030020 (JUN. 13, 2003) MD030058 (JUN. 13, 2003) (issued in January or February) which Virginia Volume V includes all current general wage VA030052 (JUN. 13, 2003) Missouri determinations for the States covered by VA030078 (JUN. 13, 2003) MO030003 (JUN. 13, 2003) each volume. Throughout the remainder VA030079 (JUN. 13, 2003) MO030006 (JUN. 13, 2003) of the year, regular weekly updates will VA030092 (JUN. 13, 2003) MO030008 (JUN. 13, 2003) be distributed to subscribers. VA030099 (JUN. 13, 2003) MO030009 (JUN. 13, 2003) Signed at Washington, DC this 21st day of Volume III MO030010 (JUN. 13, 2003) MO030018 (JUN. 13, 2003) October 2004. Alabama Terry Sullivan, AL030018 (JUN. 13, 2003) MO030041 (JUN. 13, 2003) North Carolina MO030047 (JUN. 13, 2003) Acting Chief, Branch of Construction Wage NC030050 (JUN. 13, 2003) MO030053 (JUN. 13, 2003) Determinations. MO030059 (JUN. 13, 2003) [FR Doc. 04–23969 Filed 10–28–04; 8:45 am] Volume IV Volume VI BILLING CODE 4510–27–M Illinois IL030011 (JUN. 13, 2003) None IL030012 (JUN. 13, 2003) Volume VII IL030013 (JUN. 13, 2003) NATIONAL AERONAUTICS AND California IL030014 (JUN. 13, 2003) SPACE ADMINISTRATION CA030004 (JUN. 13, 2003) Indiana [Notice 04–116] IN030001 (JUN. 13, 2003) CA030009 (JUN. 13, 2003) CA030029 (JUN. 13, 2003) IN030002 (JUN. 13, 2003) NASA Advisory Committee; Notice of IN030003 (JUN. 13, 2003) CA030030 (JUN. 13, 2003) IN030004 (JUN. 13, 2003) Nevada Establishment Pursuant to the Federal IN030005 (JUN. 13, 2003) NV030002 (JUN. 13, 2003) Advisory Committee Act, 5 U.S.C. App. IN030006 (JUN. 13, 2003) NV030005 (JUN. 13, 2003) Section 1 et seq. IN030014 (JUN. 13, 2003) NV030009 (JUN. 13, 2003) IN030017 (JUN. 13, 2003) AGENCY: National Aeronautics and General Wage Determination Space Administration (NASA). The IN030018 (JUN. 13, 2003) Publication Michigan Administrator of the National MI030060 (JUN. 13, 2003) General wage determinations issued Aeronautics and Space Administration MI030062 (JUN. 13, 2003) under the Davis-Bacon and related Acts, has determined that the establishment MI030063 (JUN. 13, 2003) including those noted above, may be of a Financial Management Advisory MI030064 (JUN. 13, 2003) found in the Government Printing Office Committee is necessary and in the MI030065 (JUN. 13, 2003) (GPO) document entitled ‘‘General Wage public interest in connection with the MI030066 (JUN. 13, 2003) MI030067 (JUN. 13, 2003) Determinations Issued Under the Davis- performance of duties imposed upon MI030068 (JUN. 13, 2003) Bacon And Related Acts’’. This NASA by law. This determination MI030069 (JUN. 13, 2003) publication is available at each of the 50 follows consultation with the MI030070 (JUN. 13, 2003) Regional Government Depository Committee Management Secretariat, MI030071 (JUN. 13, 2003) Libraries and many of the 1,400 General Services Administration. MI030072 (JUN. 13, 2003) Government Depository Libraries across Name of Committee: Financial Audit MI030073 (JUN. 13, 2003) the country. Committee. MI030074 (JUN. 13, 2003) General wage determinations issued Purpose and Objective: The MI030075 (JUN. 13, 2003) under the Davis-Bacon and Related Acts Committee will advise NASA MI030076 (JUN. 13, 2003) MI030077 (JUN. 13, 2003) are available electronically at no cost on Administrator on matters related to MI030078 (JUN. 13, 2003) the Government Printing Office site at Agency financial management. The MI030079 (JUN. 13, 2003) www.access.gpo.gov/davisbacon. They Committee will draw on the expertise of MI030080 (JUN. 13, 2003) are also available electronically by its members and other sources to

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63185

provide its advice and SUPPLEMENTARY INFORMATION: The Board ACTION: Notice; Submission for OMB recommendations to the Agency. The is established under section 242 of the Review; Comment Request. Committee will hold meetings and make Workforce Investment Act of 1998, site visits as necessary to accomplish Public Law 105–220 (20 U.S.C. 9252). SUMMARY: The National Science their responsibilities. The Committee The Board consists of ten individuals Foundation (NSF) has submitted the will function solely as an advisory body appointed by the President with the following information collection and will comply fully with the advice and consent of the Senate. The requirement to OMB for review and provisions of the Federal Advisory Board advises and makes clearance under the Paperwork Committee Act. recommendations to the Interagency Reduction Act of 1995, Pub. L. 104–13. Balanced Membership Plans: The Group. The Interagency Group is This is the second notice for public Committee will consist of non-NASA composed of the Secretaries of comment; the first was published in the Federal Register at 69 FR 31846, and no employees. In addition, there may be Education, Labor, and Health and comments were received. NSF is associate members selected for Human Services, and the three forwarding the proposed renewal Committee Subcommittees or Panels. Secretaries administer the National submission to the Office of Management The Committee may also request Institute for Literacy (Institute). The and Budget (OMB) for clearance appointment of consultants to support Interagency Group considers the Board’s simultaneously with the publication of specific tasks. Members of the recommendations in planning the goals this second notice. Comments regarding Committee, Subcommittees and Panels of the Institute and in implementing any (a) whether the collection of information will be chosen from among industry, programs to achieve those goals. is necessary for the proper performance academia, and government with Specifically, the Board performs the of the functions of the agency, including recognized knowledge and expertise in following functions: (a) Makes whether the information will have fields relevant to education. Total recommendations concerning the practical utility; (b) the accuracy of the membership will reflect a balanced appointment of the Director and the agency’s estimate of burden including view. staff of the Institute; (b) provides the validity of the methodology and Duration: Continuing. independent advice on operation of the Responsible NASA Official: Ms. assumptions used; (c) ways to enhance Institute; and (c) receives reports from the quality, utility and clarity of the Gwendolyn Sykes, Chief Financial the Interagency Group and the Officer and Chief Acquisition Officer, information to be collected; (d) ways to Institute’s Director. minimize the burden of collection of National Aeronautics and Space The National Institute for Literacy Administration, 300 E Street, SW., information on those who are to Advisory Board meeting on November respond, including through the use of Washington, DC 20546, telephone 202/ 18, 2004 from 2 p.m. to 3 p.m. will be 358–0978. appropriate automated, electronic, closed to the public to discuss the mechanical, or other technological P. Diane Rausch, search for a permanent Director of NIFL. collection techniques or other forms of Advisory Committee Management Officer, This discussion relates to the internal information technology should be National Aeronautics and Space personnel rules and practices of the addressed to: Office of Information and Administration. Institute and is likely to disclose Regulatory Affairs of OMB, Attention: [FR Doc. 04–24222 Filed 10–28–04; 8:45 am] information of personal nature where Desk Officer for National Science BILLING CODE 7510–13–P disclosure would constitute a clearly Foundation, 725–17th Street, NW. Room unwarranted invasion of personnel 10235, Washington, DC 20503, and to privacy. The discussion must therefore Suzanne Plimpton, Reports Clearance NATIONAL INSTITUTE FOR LITERACY be held in closed session under Officer, National Science Foundation, exemptions 2 and 6 of the Government 4201 Wilson Blvd., Rm. 295, Arlington, National Institute for Literacy Advisory in the Sunshine Act, 5 U.S.C. 552b(c)(2) VA 22230, or by e-mail to Board and (6). A summary of the activities at [email protected]. Comments regarding the closed session and related matters this information collection are best AGENCY: National Institute for Literacy. that are informative to the public and assured of having their full effect if ACTION: Notice of closed meeting. consistent with the policy of 5 U.S.C. received within 30 days of this 552b will be available to the public notification. Copies of the submission(s) SUMMARY: This notice sets forth the within 14 days of the meeting. schedule and a summary of the agenda may be obtained by calling 703–292– Records are kept of all Advisory 8060. for an upcoming meeting of the National Board proceedings and are available for Institute for Literacy Advisory Board NSF may not conduct or sponsor a public inspection at the National collection of information unless the (Board). The notice also describes the Institute for Literacy, 1775 I Street, NW., functions of the Board. Notice of this collection of information displays a Suite 730, Washington, DC 20006, from currently valid OMB control number meeting is required by section 10(a)(2) 8:30 a.m. to 5 p.m. of the Federal Advisory Committee Act. and the agency informs potential Dated: October 25, 2004. persons who are to respond to the DATE AND TIME: Closed session— collection of information that such November 18, 2004 from 2 p.m. to 3 Sandra L. Baxter, Interim Director. persons are not required to respond to p.m. the collection of information unless it [FR Doc. 04–24193 Filed 10–28–04; 8:45 am] ADDRESSES: National Institute for displays a currently valid OMB control Literacy, 1775 I Street, NW., Suite 730, BILLING CODE 6055–01–P number. Washington, DC 20006. Under OMB regulations, the agency FOR FURTHER INFORMATION CONTACT: Liz may continue to conduct or sponsor the Hollis, Special Assistant to the Director; NATIONAL SCIENCE FOUNDATION collection of information while this submission is pending at OMB. National Institute for Literacy, 1775 I Agency Information Collection Street, NW., Suite 730, Washington, DC Activities: Comment Request ADDRESSES: Written comments 20006; telephone number: (202) 233– regarding the information collection and 2072; email: [email protected]. AGENCY: National Science Foundation. requests for copies of the proposed

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63186 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

information collection request should be OFFICE OF MANAGEMENT AND Management and Budget, (202) 395– addressed to Suzanne Plimpton, Reports BUDGET 3993. The standard forms can be Clearance Officer, National Science downloaded from the OMB Grants Foundation, 4201 Wilson Blvd., Rm. Proposed Information Collection Management home page (http:// 295, Arlington, VA 22230, or by e-mail Activities: Request for Comments www.whitehouse.gov/omb/grants). to [email protected]. OMB Control No.: 0348–0043. AGENCY: Office of Management and Title: Application for Federal FOR FURTHER INFORMATION CONTACT: Budget. Assistance. Suzanne Plimpton on (703) 292–7556 or ACTION: Notice. Form No.: SF–424. send e-mail to [email protected]. Type of Review: Extension of a SUMMARY: Individuals who use a In accordance with the currently approved collection. Paperwork Reduction Act (44 U.S.C. telecommunications device for the deaf Respondents: States, Local 3501 et seq.), the Office of Management (TDD) may call the Federal Information Governments, Non-Profit Organizations. and Budget (OMB) invites the general Relay Service (FIRS) at 1–800–877–8339 Number of Responses: 100,000. public and Federal agencies to comment Estimated Time Per Response: 20 between 8 a.m. and 8 p.m., Eastern time, on the extension without change of Monday through Friday. minutes. standard form, SF–424, Application for Needs and Uses: The SF–424 is used SUPPLEMENTARY INFORMATION: Federal Assistance. This form is to provide general information about the currently required by OMB Circular A– Title of Collection: EHR Generic entity and the proposed project when 102, ‘‘Grants and Cooperative Clearance. applying for Federal assistance under Agreements with State and Local grant and cooperative agreement OMB Approval Number: 3145–0136. Governments,’’ and Title 2 Code of awards. The Federal awarding agencies Abstract: The EHR Generic Clearance Federal Regulations part 215 (OMB use information reported on this form was established in 1995 to integrate Circular A–110, ‘‘Uniform for the pre-award and award processes. Administrative Requirements for Grants management, monitoring and evaluation Office of Management and Budget. information pertaining to the NSF’s and Agreements with Institutions of Higher Education, Hospitals, and Other David Zavada, Education and Training (E&T) portfolio. Chief, Financial Standards and Grants Under a generic survey clearance (OMB Non-Profit Organizations.’’ The form will continue to be used while the E– Branch. 3145–0136) data from the NSF [FR Doc. 04–24197 Filed 10–28–04; 8:45 am] administrative databases are GOV Grants.gov interagency team completes their analysis of public BILLING CODE 3110–01–P incorporated and additional information comments received in response to an is obtained through initiative-, April 8, 2003, Federal Register notice divisional-, and program-specific data [68 FR 17090] and finalizes the OFFICE OF MANAGEMENT AND collections. government-wide data standard. BUDGET Use of the Information: This DATES: Comments must be submitted on Proposed Information Collection information is required for effective or before December 28, 2004. Late Activities: Request for Comments administration, program monitoring and comments will be considered to the evaluation, and for measuring extent practicable. AGENCY: Office of Management and Budget. attainment of NSF’s program goals, as ADDRESSES: Due to potential delays in required by the Government OMB’s receipt and processing of mail ACTION: Notice. Performance and Results Act (GPRA) of sent through the U.S. Postal Service, we SUMMARY: In accordance with the 1993 and the President’s Management encourage respondents to submit 2003 agenda as represented by the Paperwork Reduction Act (44 U.S.C. comments electronically to ensure 3501 et seq.), the Office of Management Office of Management and Budget’s timely receipt. We cannot guarantee that and Budget (OMB) invites the general (OMB) Program Assessment Rating Tool comments mailed will be received public and Federal agencies to comment (PART). before the comment closing date. on the renewal without change of eight Burden on the Public: The total Electronic mail comments may be (8) standard forms: the SF–269, estimate for this collection is 39,188 submitted to: [email protected]. Financial Status Report (long form); SF– annual burden hours. This figure is Please include ‘‘SF–424’’ in the subject 269A, Financial Status Report (short based on the previous 3 years of line and the full body of your comments form); SF–272, Federal Cash collecting information under this in the text of the electronic message Transactions Report; SF–272A, Federal (and as an attachment if you wish). clearance and anticipated collections. Cash Transactions Report Please include your name, title, The average annual reporting burden is (continuation); SF–424A, Budget organization, postal address, telephone between .5 and 50 hours per Information—Non-construction number, and E-mail address in the text Programs; SF–424B, Assurances—Non- ‘respondent’ depending on whether a of the message. Comments may also be respondent is self-reporting or construction Programs; SF–424C, submitted via facsimile to 202–395– Budget Information—Construction representing a project and reporting on 3952. Comments may be mailed to behalf of groups of individuals. Programs; and SF–424D, Assurances— Elizabeth Phillips, Office of Federal Construction Programs. These forms are Dated: October 25, 2004. Financial Management, Office of currently required by OMB Circular A– Suzanne H. Plimpton, Management and Budget, Room 6025, 102, ‘‘Grants and Cooperative New Executive Office Building, 725 Reports Clearance Officer, National Science Agreements with State and Local Foundation. 17th Street, NW., Washington, DC Governments,’’ and Title 2 Code of 20503. [FR Doc. 04–24169 Filed 10–28–04; 8:45 am] Federal Regulations Part 215 (OMB BILLING CODE 7555–01–M FOR FURTHER INFORMATION CONTACT: Circular A–110, ‘‘Uniform Elizabeth Phillips, Office of Federal Administrative Requirements for Grants Financial Management, Office of and Agreements with Institutions of

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63187

Higher Education, Hospitals, and Other Type of Review: Extension of a Form No.: SF–424B. Non-Profit Organizations.’’ These eight currently approved collection. Type of Review: Extension of a forms will continue to be used while Respondents: States, Local currently approved collection. interagency teams working under two Governments, Non-Profit Organizations. Respondents: States, Local streamlining initiatives (the Grants.gov Number of Responses: 50,000. Governments, Non-Profit Organizations. E-Gov effort and the Pub. L. 106–107 Estimated Time Per Response: 40 Number of Responses: 100,000. implementation work groups) complete minutes. Estimated Time Per Response: 10 the final consolidated data standards. Needs and Uses: The SF–269A is used minutes. Needs and Uses: The SF–424B is used DATES: to report on cash received. The Federal Comments must be submitted on to provide information on required or before December 28, 2004. Late awarding agencies and OMB use information reported on this form for assurances when applying for non- comments will be considered to the construction Federal grants. The Federal extent practicable. general management of Federal assistance program awards. awarding agencies use information ADDRESSES: Due to potential delays in reported on this form for the award and OMB Control No.: 0348–0003. OMB’s receipt and processing of mail general management of Federal sent through the U.S. Postal Service, we Title: Federal Cash Transactions Report. assistance program awards. encourage respondents to submit OMB Control No.: 0348–0041. comments electronically to ensure Form No.: SF–272. Type of Review: Extension of a Title: Budget Information— timely receipt. We cannot guarantee that Construction Programs. comments mailed will be received currently approved collection. Respondents: States, Local Form No.: SF–424C. before the comment closing date. Type of Review: Extension of a Electronic mail comments may be Governments, Non-Profit Organizations. Number of Responses: 50,000. currently approved collection. submitted to: [email protected]. Respondents: States, Local Estimated Time Per Response: 40 Please include ‘‘Grant Forms’’ in the Governments, Non-Profit Organizations. minutes. subject line and the full body of your Number of Responses: 40,000. Needs and Uses: The SF–272 is used comments in the text of the electronic Estimated Time Per Response: 60 to report on cash received. The Federal message (and as an attachment if you minutes. awarding agencies and OMB use wish). Please include your name, title, Needs and Uses: The SF–424C is used information reported on this form for organization, postal address, telephone to provide budget information when general management of Federal number, and E-mail address in the text applying for Federal construction assistance program awards. of the message. Comments may also be grants. The Federal awarding agencies submitted via facsimile to 202–395– OMB Control No.: 0348–0003. use information reported on this form 3952. Comments may be mailed to Title: Federal Cash Transactions for the award and general management Elizabeth Phillips, Office of Federal Report (continuation). of Federal assistance program awards. Financial Management, Office of Form No.: SF–272A. OMB Control No.: 0348–0042. Management and Budget, Room 6025, Type of Review: Extension of a Title: Assurances—Construction New Executive Office Building, 725 currently approved collection. Programs. 17th Street, NW., Washington, DC Respondents: States, Local Form No.: SF–424D. 20503. Governments, Non-Profit Organizations. Type of Review: Extension of a Number of Responses: 25,000. currently approved collection. FOR FURTHER INFORMATION CONTACT: Estimated Time Per Response: 40 Respondents: States, Local Elizabeth Phillips, Office of Federal minutes. Governments, Non-Profit Organizations. Financial Management, Office of Needs and Uses: The SF–272A is used Number of Responses: 40,000. Management and Budget, (202) 395– to report on cash received. The Federal Estimated Time Per Response: 10 3993. The standard forms can be awarding agencies and OMB use minutes. downloaded from the OMB Grants information reported on this form for Needs and Uses: The SF–424D is used Management home page (http:// general management of Federal to provide information on required www.whitehouse.gov/omb/grants). assistance program awards. assurances when applying for Federal OMB Control No.: 0348–0039. OMB Control No.: 0348–0044. construction grants. The Federal Title: Financial Status Report (Long Title: Budget Information—Non- awarding agencies use information Form). Construction. reported on this form for the award and Form No.: SF–269. Form No.: SF–424A. general management of Federal Type of Review: Extension of a Type of Review: Extension of a assistance program awards. currently approved collection. currently approved collection. Office of Management and Budget. Respondents: States, Local Respondents: States, Local David Zavada, Governments, Non-Profit Organizations. Governments, Non-Profit Organizations. Chief, Financial Standards and Grants Number of Responses: 100,000. Number of Responses: 100,000. Branch. Estimated Time Per Response: 60 Estimated Time Per Response: 60 [FR Doc. 04–24198 Filed 10–28–04; 8:45 am] minutes. minutes. Needs and Uses: The SF–269 is used Needs and Uses: The SF–424A is used BILLING CODE 3110–01–P to report on cash received. The Federal to provide budget information when awarding agencies and OMB use applying for non-construction Federal information reported on this form for grants. The Federal awarding agencies OVERSEAS PRIVATE INVESTMENT general management of Federal use information reported on this form CORPORATION assistance program awards. for the award and general management Sunshine Act Meeting OMB Control No.: 0348–0038. of Federal assistance program awards. Title: Financial Status Report (Short OMB Control No.: 0348–0040. TIME AND DATE: Wednesday, November Form). Title: Assurances—Non-construction 10, 2004, 10 a.m. (Open Portion), 10:15 Form No.: SF–269A. Programs. a.m. (Closed Portion).

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63188 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

PLACE: Offices of the Corporation, Formal orders of investigations; II. Self-Regulatory Organization’s Twelfth Floor Board Room, 1100 New Institution and settlement of Statement of the Purpose of, and York Avenue, NW., Washington, DC. injunctive actions; Statutory Basis for, the Proposed Rule STATUS: Meeting Open to the Public Change Institution and settlement of from 10 a.m. to 10:15 a.m. Closed administrative proceedings of an In its filing with the Commission, portion will commence at 10:15 a.m. enforcement nature; OCC included statements concerning (approx.). the purpose of and basis for the MATTERS TO BE CONSIDERED: Regulatory matter regarding financial proposed rule change and discussed any 1. President’s Report. institution; and comments it received on the proposed 2. Approval of September 9, 2004 Adjudicatory matters. rule change. The text of these statements Minutes (Open Portion). At times, changes in Commission may be examined at the places specified FURTHER MATTERS TO BE CONSIDERED: priorities require alterations in the in Item IV below. OCC has prepared (Closed to the Public 10:15 a.m.). scheduling of meeting items. For further summaries, set forth in sections (A), (B), and (C) below, of the most significant 1. Finance Project—Global. information and to ascertain what, if 2. Insurance Project—Israel. aspects of such statements.2 3. Finance Project—Southeast Europe. any, matters have been added, deleted 4. Approval of September 9, 2004 or postponed, please contact: (A) Self-Regulatory Organization’s Minutes (Closed Portion). The Office of the Secretary at (202) Statement of the Purpose of, and 5. Pending Major Projects. 942–7070. Statutory Basis for, the Proposed Rule 6. Reports. Change Dated: October 26, 2004. CONTACT PERSON FOR INFORMATION: (1) Background Jonathan G. Katz, Information on the meeting may be Secretary. Article VI, Clearance of Exchange obtained from Connie M. Downs at (202) Transactions, Section 11, Adjustments, 336–8438. [FR Doc. 04–24313 Filed 10–27–04; 10:56 am] Paragraph (c) of OCC’s By-Laws states: Dated: October 27, 2004. It shall be the general rule that there BILLING CODE 8010–01–P Connie M. Downs, will be no adjustments to reflect Corporate Secretary, Overseas Private ordinary cash dividends or distributions Investment Corporation. SECURITIES AND EXCHANGE * * * by the issuer of the underlying [FR Doc. 04–24357 Filed 10–27–04; 2:20 pm] COMMISSION security. BILLING CODE 3210–01–M Interpretation .01 of Article VI, Section 11 (sometimes referred to as the [Release No. 34–50585; File No. SR–OCC– ‘‘10% rule’’) provides: 2004–18] SECURITIES AND EXCHANGE Dividends or distributions by the COMMISSION issuer of the underlying security in an Self-Regulatory Organizations; The aggregate amount per dividend or Options Clearing Corporation; Notice Sunshine Act Meeting distribution which does not exceed 10% of Filing and Immediate Effectiveness of the market value (as of the close of Notice is hereby given, pursuant to of a Proposed Rule Change Relating to trading on the declaration date) of the the provisions of the Government in the OCC’s Adjustment Policies for Options underlying security outstanding will, as Sunshine Act, Pub. L. 94–409, that the and Stock Futures on Fund Shares a general rule, be deemed to be Securities and Exchange Commission ‘ordinary dividends or distributions’ October 25, 2004. will hold the following meeting during within the meaning of paragraph (c) of the week of November 1, 2004: Pursuant to Section 19(b)(1) of the Section 11. A closed meeting will be held on Securities Exchange Act of 1934 However, Article VI, Section 11(j) Wednesday, November 3, 2004, at 2 (‘‘Act’’),1 notice is hereby given that on provides: p.m. September 27, 2004, The Options Notwithstanding the general rules set Commissioners, Counsel to the Clearing Corporation (‘‘OCC’’) filed with forth in paragraphs (c) through (j) of this Commissioners, the Secretary to the the Securities and Exchange Section 11 or which may be set forth as Commission, and recording secretaries Commission (‘‘Commission’’) the interpretations and policies under this will attend the Closed Meeting. Certain proposed rule change as described in Section 11, the Securities Committee staff members who have an interest in Items I, II, and III below, which items shall have the power to make exceptions the matters may also be present. have been prepared primarily by OCC. in those cases or groups of cases * * * The General Counsel of the The Commission is publishing this in which, applying the standards set Commission, or his designee, has notice to solicit comments on the forth in paragraph (b) hereof, the certified that, in his opinion, one or proposed rule change from interested Securities Committee shall determine more of the exemptions set forth in 5 persons. such exceptions to be appropriate. U.S.C. 552b(c)(3), (5), (7), (8), (9)(B), and *** (10) and 17 CFR 200.402(a)(3), (5), (7), I. Self-Regulatory Organization’s Panels of OCC’s Security Committee (8), 9(ii) and (10), permit consideration Statement of the Terms of Substance of recently determined to exercise their of the scheduled matters at the closed the Proposed Rule Change authority under Article VI, Section 11(j) meeting. to make exceptions to the 10% rule and Commissioner Campos, as duty The proposed rule change codifies adjust options on exchange traded funds officer, voted to consider the items exceptions for options and stock futures (‘‘ETFs’’) and Holding Company listed for the closed meeting in closed on ‘‘fund shares’’ to OCC’s adjustment Depository Receipts (‘‘HOLDRs’’) session. policies recently made by panels of (collectively referred to in OCC’s Rules The subject matter of the Closed OCC’s Securities Committee. Meeting scheduled for Wednesday, 2 The Commission has modified parts of these November 3, 2004, will be: 1 15 U.S.C. 78s(b)(1). statements.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63189

as ‘‘fund shares’’) for dividends sufficient size to cause options on the special dividend. As Dow Jones reflecting special one-time distributions latter to be adjusted.6 explained in its press release, ‘‘Divisor on portfolio securities notwithstanding Existing Interpretation .08 of Article adjustments nullify the effect on the that the amounts of the dividends were VI, Section 11 recognizes the special index values of the stock price being not expected to exceed 10% of the characteristics of HOLDRs and other lowered by the value of the dividend.’’ 9 market value of the fund shares fund shares by excluding capital gain A number of underlying ETFs, themselves.3 The proposed rule change distributions on fund shares from the including the widely traded QQQ which amends Interpretation .08 under Article 10% rule. Had the draftsmen of that tracks the Nasdaq-100 index, were VI, Section 11 of OCC’s By-Laws to call Interpretation anticipated the possibility designed to track indexes that will be for such adjustments as a matter of of distributions on fund shares adjusted for the MSFT special dividend. course. reflecting on-time return of capital The effect of adjusting those indexes (a) The TRLY Decision. On July 20, distributions on portfolio securities, would be to nullify the effect of the 2004, Terra Networks S.A. (‘‘TRLY’’) they would have excluded those special dividend not only on the announced a cash return of capital distributions as well. The Securities indexes themselves but also on options distribution of $2.48 per share, which Committee concluded that adjusting for overlying those indexes. Failing to represented approximately 42% of the the Trust’s distribution was consistent adjust options on ETFs that track those stock price, payable to holders of record with the spirit of Interpretation .08. indexes would have created an unfair on July 27, 2004. Because the amount of (b) The MSFT Decision. On July 20, and inequitable disconnect between the the distribution exceeded 10% of the 2004, Microsoft Corporation (‘‘MSFT’’) values of ETF options and the values of stock price, the 10% rule did not apply. declared a special one-time cash index options based on the same index. dividend of $3.00 per share, payable On July 23, 2004, a panel of OCC’s Although this rationale applied only December 2, 2004, to holders of record Securities Committee determined to to some ETFs (i.e., those that tracked on November 17, 2004, subject to adjust options on TRLY stock effective indexes that were being adjusted), it approval of related amendments to on the ex-date for the distribution by would have been inconsistent and adjusting the underlying to include the MSFT’s employee stock plans at its potentially confusing not to adjust amount of the distribution.4 annual meeting in November. Because options on other ETFs that also hold The American Stock Exchange the amount of the dividend exceeded (‘‘Amex’’) trades options on HOLDRs 10% of the market value of MSFT, the MSFT stock in their portfolios. issued by the Europe 2001+ HOLDRS 10% rule did not apply and on July 20, Moreover, a precedent for adjusting Trust (‘‘Trust’’). The Trust’s portfolio 2004 a panel of OCC’s Securities options on fund shares for distributions includes TRLY American Depository Committee determined to adjust options reflecting special one-time distributions Shares. In order to pass through the on MSFT stock effective on the ex-date on portfolio securities notwithstanding TRLY distribution, as it was obligated to by reducing stock prices by $3.00 per the 10% rule had been set just the day do, the Trust declared its own share.7 before by the TRLY decision. distribution of approximately $0.37 per Options are traded on a total of 19 (2) The Proposed Rule Change HOLDR. This was less than 10% of the ETFs and HOLDRs whose portfolios market price of the HOLDRs. include MSFT stock. When the MSFT The proposed rule change codifies the Nevertheless, on July 26, 2004, a panel special dividend is paid, it is TRLY and MSFT decisions by revising of the Securities Committee consisting anticipated that it will be passed Interpretation .08 under Article VI, of two representatives of the Amex and through to holders of those fund shares Section 11 to exclude from the 10% rule one non-voting representative of OCC in the form of dividends. The amounts distributions on fund shares other than determined to make an exception to the of any such dividends are expected to capital gains distributions, which are 10% rule and adjust for the Trust’s be less than 10% of the funds’ currently excluded, if: distribution.5 respective stock prices. Panels of OCC’s (i) The fund tracks the performance of The panel’s decision was based on the Securities Committee nevertheless an index that underlies a class of index special characteristics of HOLDRs. A determined on July 27, 2004, to make an options or index futures, and the HOLDR is a trust-issued receipt exception to the 10% rule and to adjust distribution on the fund shares includes representing beneficial ownership of a for fund share dividends reflecting the or reflects a dividend or other basket of stocks. The owner of a HOLDR MSFT special dividend in those cases distribution on a portfolio security that has the right to vote the shares in the where the impact on the ETF or HOLDR resulted in an adjustment of the index basket, to receive dividends and other equals or exceeds the de minimus divisor; or distributions on those shares, and to amount of an eighth, or $0.125 per (ii) The distribution in the fund shares exchange the HOLDR at any time for the share.8 includes or reflects a dividend or other underlying basket of stocks. Given the There were a number of reasons for distribution on a portfolio security: the decision to adjust. First, Nasdaq, purely derivative nature of HOLDRs, (x) That results in an adjustment of Standard & Poor’s, and Dow Jones had which are intended to function as exact options on other fund shares; 10 or surrogates for the underlying basket of all announced that they intended to stocks, the Securities Committee was of adjust the divisors of their respective (y) In an aggregate amount exceeding the view that it would be inappropriate indexes to compensate for the MSFT 10% of the market value of the portfolio to apply the 10% rule to a distribution security. on a HOLDR caused by a one-time 6 The 10% rule does not apply to regular distribution on a portfolio security of quarterly dividends on HOLDRs because adjusting 9 Dow Jones Indexes press release dated July 22, for recurring dividends would require repeated 2004. readjustments of previously adjusted series, which 10 This would cover the situation, perhaps 3 In accordance with a preexisting commitment to would cause a proliferation of outstanding options unlikely, where two ETFs, one of which tracks an report exercises of the Securities Committee’s series that would not be in the best interest of index, hold the same portfolio security and a exception-making authority, these actions were investors. Making a one-time adjustment for a one- distribution of less than 10% of the value of the reported to the Division of Market Regulation by time distribution does not have that effect. portfolio security nevertheless causes an adjustment letter dated August 9, 2004. 7 OCC Information Memo #19872 (July 20, 2004). of the index divisor. If options on the ETF that 4 OCC Information Memo #19875 (July 20, 2004). 8 OCC Information Memos #19883 (July 27, 2004) tracks the index are adjusted, this provision would 5 OCC Information Memo #19877 (July 26, 2004). and #19892 (July 29, 2004). allow options on the other to be adjusted as well.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63190 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

No adjustment would be made, significantly affect the respective rights should submit only information that however, if the adjustment would or obligations of OCC or persons using you wish to make available publicly. All amount to less than $0.125 per share. the service. At any time within sixty submissions should refer to File Conforming changes have been made days of the filing of the proposed rule Number SR–OCC–2004–18 and should to Interpretation and Policy .08 of change, the Commission may summarily be submitted on or before November 19, Article XII, Futures and Futures abrogate such rule change if it appears 2004. Options, Section 3, which covers to the Commission that such action is For the Commission by the Division of adjustments to stock futures on fund necessary or appropriate in the public Market Regulation, pursuant to delegated shares and parallels the provisions of interest, for the protection of investors, authority.15 Interpretation and Policy .08 of Article or otherwise in furtherance of the Jill M. Peterson, VI, Section 11. In addition, technical purposes of the Act. Assistant Secretary. changes have been made to Interpretation .08 of Article VI, Section IV. Solicitation of Comments [FR Doc. E4–2907 Filed 10–28–04; 8:45 am] 3 to (i) fix garbled text as originally filed Interested persons are invited to BILLING CODE 8010–01–P in SR–OCC–2001–07 and approved by submit written data, views, and the Commission 11 and (ii) delete the arguments concerning the foregoing, term ‘‘stock’’ as a modifier for ‘‘fund including whether the proposed rule DEPARTMENT OF TRANSPORTATION shares’’ in order to further conform the change is consistent with the Act. Office of the Secretary Interpretation to the changes proposed Comments may be submitted by any of in SR–OCC–2002–22 and approved by the following methods: Privacy Act of 1974: System of 12 the Commission. Electronic Comments Records OCC believes that the proposed rule change is consistent with the purposes • Use the Commission’s Internet AGENCY: Department of Transportation, and requirements of Section 17A of the comment form (http://www.sec.gov/ Office of the Secretary. Act, as amended, because it codifies rules/sro.shtml) or ACTION: Notice to establish a system of • exceptions to OCC’s adjustment policies Send an e-mail to rule- records. made by adjustment panels of the [email protected]. Please include File Securities Committee that were Number SR–OCC–2004–18 on the SUMMARY: DOT proposes to establish a intended to promote fairness to buyers subject line. new system of records under the Privacy Act of 1974. and sellers of options contracts, the Paper Comments maintenance of fair and orderly markets, EFFECTIVE DATE: December 8, 2004. If no • Send paper comments in triplicate and consistency of interpretation and comments are received, the proposal to Jonathan G. Katz, Secretary, practice. will become effective on the above date. Securities and Exchange Commission, If comments are received, the comments (B) Self-Regulatory Organization’s 450 Fifth Street, NW., Washington, DC will be considered and, where adopted, Statement on Burden on Competition 20549–0609. the documents will be republished with OCC does not believe that the All submissions should refer to File changes. Number SR–OCC–2004–18. This file proposed rule change would impose any ADDRESSES: Address all comments number should be included on the burden on competition. concerning this notice to Yvonne L. subject line if e-mail is used. To help the Coates, Department of Transportation, (C) Self-Regulatory Organization’s Commission process and review your Office of the Secretary, 400 7th Street, Statement on Comments on the comments more efficiently, please use SW., Washington, DC 20590, (202) 366– Proposed Rule Change Received from only one method. The Commission will 6964 (telephone), (202) 366–7024 (fax) Members, Participants, or Others post all comments on the Commission’s [email protected] (Internet Internet Web site (http://www.sec.gov/ Written comments were not and are address). not intended to be solicited with respect rules/sro.shtml). Copies of the to the proposed rule change, and none submission, all subsequent FOR FURTHER INFORMATION CONTACT: have been received. amendments, all written statements Theresa Rowlett, (202) 385–2323, Chief, with respect to the proposed rule Business Information and Operations III. Date of Effectiveness of the change that are filed with the Division, Federal Motor Carrier Safety Proposed Rule Change and Timing for Commission, and all written Administration. Commission Action communications relating to the SUPPLEMENTARY INFORMATION: The The foregoing rule change has become proposed rule change between the Department of Transportation system of effective pursuant to section Commission and any person, other than records notices subject to the Privacy 19(b)(3)(A)(iii) of the Act 13 and Rule those that may be withheld from the Act of 1974 (5 U.S.C. 552a), as amended, 19b–4(f)(4) 14 promulgated thereunder public in accordance with the have been published in the Federal because the proposal effects a change in provisions of 5 U.S.C. 552, will be Register and are available from the an existing service of OCC that (A) does available for inspection and copying in above mentioned address. not adversely affect the safeguarding of the Commission’s Public Reference securities or funds in the custody or Section, 450 Fifth Street, NW., SYSTEM NUMBER: control of OCC or for which it is Washington, DC 20549. Copies of such DOT/FMCSA 04. responsible and (B) does not filing also will be available for SYSTEM NAME: inspection and copying at the principal Safety Violation and Consumer 11 See Securities Exchange Act Release No. 44727 office of OCC and on OCC’s Web site at Complaint Safety Hotline Database. (August 20, 2001), 66 FR 45351 (August 28, 2001). http://www.optionsclearing.com. All 12 See Securities Exchange Act Release No. 46914 SECURITY CLASSIFICATION: (November 26, 2002), 67 FR 72261 (December 4, comments received will be posted 2002). without change; the Commission does Unclassified, sensitive. 13 15 U.S.C. 78s(b)(3)(A)(iii). not edit personal identifying 14 17 CFR 240.19b–4(f)(4). information from submissions. You 15 17 CFR 200.30–3(a)(12).

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63191

SYSTEM LOCATION: ROUTINE USES OF RECORDS MAINTAINED IN THE Archives and Records Administration The system is located at the SYSTEM, INCLUDING CATEGORIES OF USERS AND (NARA) relative to records retention and Computing Technology, Inc. (CoTs), THE PURPOSES OF SUCH USES: control. NARA regulations indicate that 3028 Javier Road, Suite 400, Fairfax, See Prefatory Notice of General electronic files created to monitor Virginia. The office is under the Routine Uses. system usage are authorized for erasure direction and supervision of the Office DISCLOSURE TO CONSUMER REPORTING or deletion when the agency determines of Communications (MC–CM), Federal AGENCIES: that they are no longer needed for Motor Carrier Safety Administration Not applicable. administrative, legal, audit, or other (FMCSA). operational purposes. POLICIES AND PRACTICES FOR STORING, CATEGORIES OF INDIVIDUALS COVERED BY THE RETRIEVING, ACCESSING, RETAINING, AND MANAGER(S) AND ADDRESS: SYSTEM OF RECORDS: DISPOSING OF RECORDS IN THE SYSTEM: Federal Motor Carrier Safety Individuals who have filed Safety STORAGE: Administration, Office of Communications, 400 7th Street, SW., and/or Commercial complaints. The data within the Safety Violation (MC–CM), Washington, DC 20590 Complaints filed are the results of and Consumer Household Goods alleged violations of safety and/or Complaint Hotline database is stored NOTIFICATION PROCEDURE: commercial regulations. The majority of within a Microsoft Access 2000 Federal Motor Carrier Safety commercial complaints filed are against database. Direct access to the database household goods (HHG) movers. Administration, Business Information from the Internet is protected and and Operations Division, 400 7th Street, CATEGORIES OF RECORDS IN THE SYSTEM: blocked via our multi-layering SW., MC–MBI, Washington, DC 20590 architecture. Access to the data is Records and reports in this system RECORD ACCESS PROCEDURES: may include: protected by using username and password authentication of only Federal Motor Carrier Safety 1. HHG commercial complaints Administration, Office of 2. Acknowledgement letter to FMCSA approved users. Usernames and passwords follow the DOT standards for Communications, 400 7th Street, SW., complainant (MC–CM), Washington, DC 20590. 3. Notification letter to carrier creation and refreshing periods of 90 4. Commercial HHG press release days. The communication during user CONTESTING RECORD PROCEDURES: authentication and throughout the setup Federal Motor Carrier Safety authorized user’s access to the website 5. HHG carrier complaint history Administration, Business Information and database is encrypted using 128–Bit 6. HHG complaints searches (DOT#, and Operations Division, 400 7th Street, Secure Socket Layer (SSL). MC#, State, Tracking#, Complainant, SW., MC–MBI, Washington, DC 20590. Respondent, Date) Files are stored at Computing 7. Safety violations reports Technology, Inc. (CoTs), 3028 Javier RECORD SOURCE CATEGORIES: 8. Safety violations and commercial Road, Suite 400, Fairfax, Virginia. Back Consumers, motor carriers and report generator up copies of this information are stored brokers. at FMCSA’s offices at 400 Virginia AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Avenue, SW., Suite 340, Washington, EXEMPTIONS CLAIMED FOR THE SYSTEM: 49 U.S.C. 314104, 49 U.S.C. 14702. DC. None. Dated: October 25, 2004. PURPOSES: RETRIEVABILITY: Yvonne L. Coates, The system has multiple purposes. Records are maintained and retrieved Privacy Act Coordinator. First, the data collected will provide by the following: complainant name, FMCSA with statistical information respondent name, secondary respondent [FR Doc. 04–24253 Filed 10–28–04; 8:45 am] regarding commercial motor carriers, in name, motor carrier number, DOT BILLING CODE 4910–62–P particular the household goods moving number, tracking number, date, and state. industry. Using this information, DEPARTMENT OF TRANSPORTATION FMCSA will target motor carriers with SAFEGUARDS: high levels of complaints for To safeguard against the risk of Federal Aviation Administration enforcement actions. The information unauthorized disclosure, CoTs will be used to promote compliance maintains the information at secured Notice of Intent To Rule on Request To with Federal Motor Carrier Safety and facilities in limited access areas. The Release Airport Property at the Deer Commercial Regulations. In addition, data on the systems are software- Park Municipal Airport, Deer Park, WA this statistical information will be used protected by passwords. There are also ACTION: Notice of request to release to develop guidance and direction for nightly backups to protect the database. airport property. the general public—identifying the most CoTs limits access to the system to common problems and the means to designated authorized personnel. SUMMARY: The FAA proposes to rule and avoid them. This information will also invite public comment on the release of be used to develop and maintain a list RETENTION AND DISPOSAL: land at Deer Park Municipal Airport of problem movers. This information The complaint files are retained at under the provisions of Section 125 of will be made public so that consumers CoTs by the system administrator. All the Wendell H. Ford Aviation can avoid using these problem files received by the Safety Violations Investment Reform Act for the 21st companies. and Commercial Consumer Hotline are Century (AIR 21), now 49 USC Lastly, this information will be used, retained in compliance with agency § 47107(h). at the complainant’s discretion, to assist records control schedules. Complaints in reconciling complaints. The mover received by mail from FMCSA are DATES: Comments must be received on will be informed of the complaint and recorded to the online database and or before November 29, 2004. will be encouraged to resolve the issue returned to FMCSA. CoTs complies ADDRESSES: Comments on this with the complainant. with all requirements of the National application may be mailed or delivered

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63192 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

to the FAA at the following address: Mr. In addition, any person may, upon obligation to use certain airport property J. Wade Bryant, Manager, Federal request, inspect the application, notice for aeronautical purposes. Aviation Administration, Northwest and other documents germane to the Issued in Burlington, Massachusetts on Mountain Region, Airports Division, application in person at the Deer Park October 20, 2004. Seattle Airports District Office, 1601 Municipal Airport, 712 North Cedar Bradley A. Davis, Lind Avenue, SW., Suite 250, Renton, Road, Deer Park, Washington, 99006. Manager, Engineering and Safety Branch, Washington 98055–4056. Issued in Renton, Washington on October New England Region. In addition, one copy of any 21, 2004. comments submitted to the FAA must [FR Doc. 04–24267 Filed 10–28–04; 8:45 am] J. Wade Bryant, be mailed or delivered to Ms. Penni BILLING CODE 4910–13–M Loomis, Airport Manager, City of Deer Manager, Seattle Airports District Office. Park, P.O. Box F, Deer Park, Washington [FR Doc. 04–24268 Filed 10–28–04; 8:45 am] DEPARTMENT OF TRANSPORTATION 99006. BILLING CODE 4910–13–M FOR FURTHER INFORMATION CONTACT: Ms. Federal Aviation Administration Karen Miles, Project Manager, Federal DEPARTMENT OF TRANSPORTATION Aviation Administration, Northwest Executive Committee of the Aviation Mountain Region, Airports Division, Federal Aviation Administration Rulemaking Advisory Committee; Seattle Airports District Office, 1601 Meeting Lind Avenue, SW., Suite 250, Renton, Public Notice for a Change in Use of AGENCY: Federal Aviation Washington 98055–4056. Aeronautical Property At Dillant- Administration (FAA), DOT. The request to release property may Hopkins Airport, Keene, NH be reviewed in person at this same ACTION: Notice of public meeting. location, by appointment. AGENCY: Federal Aviation SUMMARY: The FAA is issuing this notice SUPPLEMENTARY INFORMATION: Administration (FAA), DOT. The FAA to advise the public of a meeting of the ACTION: Request for public comments. invites public comment on the request Executive Committee of the Aviation to release property at the Deer Park SUMMARY: The FAA is requesting public Rulemaking Advisory Committee Municipal Airport under the provisions (ARAC). of 49 USC 47107(h). comment on the City of Keene, New On October 21, 2004, the FAA Hampshire’s request to change a portion DATES: The meeting is scheduled for determined that the request to release (approx. 3.4 acres) of Airport property November 17, 2004, 10 a.m.–noon. property at Deer Park Municipal Airport from aeronautical use to non- ADDRESSES: The meeting will be held at submitted by the City of Deer Park met aeronautical use. The property is the FAA, Orville Wright Building, 800 the procedural requirements of the located on Route 32 (Map 34, Lot 32) Independence Avenue, SW., Federal Aviation Airport Compliance and is currently used for approach Washington, DC 20591, 10th floor, Requirements Order 5190.6A. The FAA protection and land use compatibility. MacCracken Room. Upon disposition the property will be may approve the request, in whole or in FOR FURTHER INFORMATION CONTACT: Ms. used as property for a restaurant, part, no later than November 29, 2004. Gerri Robinson, FAA, 800 Independence miniature golf course and go-cart track. The following is a brief overview of Avenue, SW., Washington, DC 20591; The property was acquired under AIP the request: telephone (202) 267–9678; fax (202) The Deer Park Municipal Airport Project No. 3–33–0008–13. 267–5075; e-mail: requests the release of non-aeronautical The disposition of proceeds from the [email protected]. airport property consisting of disposal of airport property will be in approximately 5 acres on the east side accordance with FAA’s Policy and SUPPLEMENTARY INFORMATION: Under of the airport to a private developer. The Procedures Concerning the Use of section 10(a)(2) of the Federal Advisory purpose of this release is to trade Airport Revenue, published in the Committee Act (5 U.S.C. App. 2), we are unimproved airport land to a private Federal Register on February 16, 1999. giving notice of a meeting of the developer for use as a residential DATES: Comments must be received on Executive Committee of the ARAC to be emergency egress, for 8.88 acres of or before November 29, 2004. held on November 17, 2004, at the FAA, improved light industrial property Orville Wright Building, 800 ADDRESSES: Documents are available for Independence Avenue, SW., adjacent to the west side of the airport. review by appointment by contacting Washington, DC 20591. The agenda The airport property proposed for Mr. Edward Mattern, Airport Manager at includes: release has not been used for aviation Dillant-Hopkins Airport, 80 Airport purposes and no aeronautical use of the Road, Keene, New Hampshire 03431– FAA Rulemakings on the Unified property is planned or anticipated. The 4455, Telephone (603) 357–9853 and by Regulatory Agenda City of Deer Park has determined that contacting Donna R. Witte. Tracking the status of rulemaking the property requested is not within documents at OST and OMB critical areas affecting safety of flight FOR FURTHER INFORMATION CONTACT: Discussion on future of ARAC and ARCs and that the proposed use of the Donna R. Witte at the Federal Aviation Discussion of how EASA and FAA property as a residential emergency Administration, 12 New England should coordinate regulatory egress would not interfere with airport Executive Park, Burlington, initiatives operations. The property to be acquired Massachusetts 01803, Telephone (781) ARAC Accomplishments by the Airport in trade would benefit 238–7624. the airport for future revenue producing SUPPLEMENTARY INFORMATION: Section Participation at the Public Meeting development. The airport would realize 125 of The Wendell H. Ford Aviation Attendance is open to the public, but a net gain of property. Investment and Reform Act for the 21st will be limited to the space available. Any person may inspect the request Century (AIR 21) requires the FAA to The public must make arrangements for in person at the FAA office listed above provide an opportunity for public notice teleconferencing by November 5th to under FOR FURTHER INFORMATION and comment to the ‘‘waiver’’ or participate in the meeting using the CONTACT. ‘‘modification’’ of a sponsor’s Federal teleconference service. The public must

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63193

also make arrangements by November • Review Action Items. businesses in the U.S. that use U.S.-flag 5th to present oral statements at the • Reports on Related Committees vessels. If MARAD determines, in meeting. Written statements may be Activities. accordance with Pub. L. 105–383 and presented to the Committee at any time • Subgroup Reports. MARAD’s regulations at 46 CFR part • either by sending 25 copies to the Review Status of Document. 388 (68 FR 23084; April 30, 2003), that Executive Director or by providing the • Assignment of Action Items. • the issuance of the waiver will have an copies at the meeting. To make Subgroup Meetings: Edit Document. • unduly adverse effect on a U.S.-vessel arrangements for teleconferencing, November 18: • Subgroups Meet in Working builder or a business that uses U.S.-flag making an oral presentation, or other vessels in that business, a waiver will reasonable accommodations for this Sessions. • Inter-Subgroup Meetings: Work not be granted. Comments should refer meeting, please contact the person listed to the docket number of this notice and under the FOR FURTHER INFORMATION Mutual Action Items. • November 19: the vessel name in order for MARAD to CONTACT section above. • Subgroup Reports. properly consider the comments. Issued in Washington, DC on October 25, • Review Status of Document. Comments should also state the 2004. • Closing Session (Make commenter’s interest in the waiver Anthony F. Fazio, Assignments, Date and Place of application, and address the waiver Executive Director, Aviation Rulemaking Next Meeting, Closing Remarks, criteria given in § 388.4 of MARAD’s Advisory Committee. Adjourn). regulations at 46 CFR part 388. [FR Doc. 04–24257 Filed 10–28–04; 8:45 am] Attendance is open to the interested BILLING CODE 4910–13–P public but limited to space availability. DATES: Submit comments on or before With the approval of the chairmen, November 29, 2004. members of the public may present oral ADDRESSES: Comments should refer to DEPARTMENT OF TRANSPORTATION statements at the meeting. Persons docket number MARAD–2004 19428. wishing to present statements or obtain Written comments may be submitted by Federal Aviation Administration information should contact the person hand or by mail to the Docket Clerk, listed in the FOR FURTHER INFORMATION RTCA Special Committee 200: U.S. DOT Dockets, Room PL–401, CONTACT section. Members of the public Integrated Modular Avionics (IMA)/ Department of Transportation, 400 7th may present a written statement to the EUROCAE WG–60 committee at any time. St., SW., Washington, DC 20590–0001. You may also send comments AGENCY: Federal Aviation Issued in Washington, DC, October 14, electronically via the Internet at http:// Administration (FAA), DOT. 2004. dmses.dot.gov/submit/. All comments ACTION: Notice of RTCA Special Robert Zoldos, will become part of this docket and will Committee 200 meeting. FAA Systems Engineer, RTCA Advisory be available for inspection and copying Committee. SUMMARY: at the above address between 10 a.m. The FAA is issuing this notice [FR Doc. 04–24266 Filed 10–28–04; 8:45 am] to advise the public of a meeting of and 5 p.m., e.t., Monday through Friday, BILLING CODE 4910–13–M RTCA Special Committee 200: except Federal holidays. An electronic Integrated Modular Avionics. version of this document and all DATES: The meeting will be held on DEPARTMENT OF TRANSPORTATION documents entered into this docket is November 16–19, 2004, from 9 a.m. to available on the World Wide Web at 5 p.m. Maritime Administration http://dms.dot.gov. ADDRESSES: The meeting will be held at [Docket Number 2004 19428] FOR FURTHER INFORMATION CONTACT: National Aerospace Laboratory NLR, Michael Hokana, U.S. Department of Anthony Fokkerweg 2, 1059 BM, Requested Administrative Waiver of Transportation, Maritime Amsterdam, The Netherlands. the Coastwise Trade Laws Administration, MAR–830 Room 7201, FOR FURTHER INFORMATION CONTACT: (1) AGENCY: Maritime Administration, 400 Seventh Street, SW., Washington, RTCA Secretariat, 1828 L Street, NW., Department of Transportation. DC 20590. Telephone (202) 366–0760. Suite 805, Washington, DC, 20036– ACTION: Invitation for public comments 5133; telephone (202) 833–9339; fax SUPPLEMENTARY INFORMATION: As on a requested administrative waiver of (202) 833–9434; Web site http:// described by the applicant the intended the Coastwise Trade Laws for the vessel www.rtca.org. (2) http://www.nlr.nl; service of the vessel METALFISH is: METALFISH. Rene´ Eveleens; telephone +31 20 511 Intended Use: ‘‘Salmon charter fishing 3600; [email protected]. SUMMARY: As authorized by Pub. L. 105– and possible day cruises’’. SUPPLEMENTARY INFORMATION: Pursuant 383 and Pub. L. 107–295, the Secretary Geographic Region: ‘‘Great Lakes’’. to section 10(a)(2) of the Federal of Transportation, as represented by the Advisory Committee Act (Pub. L. 92– Maritime Administration (MARAD), is Dated: October 25, 2004. 463, 5 U.S.C. Appendix 2), notice is authorized to grant waivers of the U.S.- By order of the Maritime Administrator. hereby given for a Special Committee build requirement of the coastwise laws Joel C. Richard, 200 meeting. The agenda will include: under certain circumstances. A request Secretary, Maritime Administration. • November 16: for such a waiver has been received by [FR Doc. 04–24203 Filed 10–28–04; 8:45 am] • Editorial Committee Meeting. MARAD. The vessel, and a brief BILLING CODE 4910–81–P • Subgroup Meetings: Edit document. description of the proposed service, is • November 17: listed below. The complete application • Opening Session (Welcome, is given in DOT docket 2004–19428 at Introductory and Administrative http://dms.dot.gov. Interested parties Remarks, Review Agenda, Review may comment on the effect this action Summary of Previous Meeting). may have on U.S. vessel builders or

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63194 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: criteria given in § 388.4 of MARAD’s Michael Hokana, U.S. Department of regulations at 46 CFR part 388. Maritime Administration Transportation, Maritime DATES: Submit comments on or before [Docket Number 2004 19424] Administration, MAR–830 Room 7201, November 29, 2004. 400 Seventh Street, SW., Washington, ADDRESSES: Comments should refer to Requested Administrative Waiver of DC 20590. Telephone 202–366–0760. docket number MARAD–2004–19429. the Coastwise Trade Laws SUPPLEMENTARY INFORMATION: As Written comments may be submitted by described by the applicant the intended AGENCY: Maritime Administration, hand or by mail to the Docket Clerk, Department of Transportation. service of the vessel MYSTIC WIND is: U.S. DOT Dockets, Room PL–401, Intended Use: ‘‘Overnight dinner Department of Transportation, 400 7th ACTION: Invitation for public comments sails, crewed charter, multi-day St., SW., Washington, DC 20590–0001. on a requested administrative waiver of corporate team building.’’ You may also send comments the Coastwise Trade Laws for the vessel Geographic Region: ‘‘Washington electronically via the Internet at http:// MYSTIC WIND. State.’’ dmses.dot.gov/submit/. All comments SUMMARY: As authorized by Pub. L. 105– Dated: October 20, 2004. will become part of this docket and will 383 and Pub. L. 107–295, the Secretary By order of the Maritime Administrator. be available for inspection and copying of Transportation, as represented by the Joel C. Richard, at the above address between 10 a.m. Maritime Administration (MARAD), is Secretary, Maritime Administration. and 5 p.m., E.T., Monday through Friday, except federal holidays. An authorized to grant waivers of the U.S.- [FR Doc. 04–24201 Filed 10–28–04; 8:45 am] build requirement of the coastwise laws electronic version of this document and under certain circumstances. A request BILLING CODE 4910–81–P all documents entered into this docket for such a waiver has been received by is available on the World Wide Web at MARAD. The vessel, and a brief DEPARTMENT OF TRANSPORTATION http://dms.dot.gov. description of the proposed service, is FOR FURTHER INFORMATION CONTACT: listed below. The complete application Maritime Administration Michael Hokana, U.S. Department of is given in DOT docket 2004–19424 at Transportation, Maritime [Docket Number 2004 19429] http://dms.dot.gov. Interested parties Administration, MAR–830 Room 7201, may comment on the effect this action Requested Administrative Waiver of 400 Seventh Street, SW., Washington, may have on U.S. vessel builders or the Coastwise Trade Laws DC 20590. Telephone 202–366–0760. businesses in the U.S. that use U.S.-flag SUPPLEMENTARY INFORMATION: As vessels. If MARAD determines, in AGENCY: Maritime Administration, described by the applicant the intended accordance with Pub. L. 105–383 and Department of Transportation. service of the vessel PHOENIX is: MARAD’s regulations at 46 CFR part ACTION: Invitation for public comments Intended Use: ‘‘Research Vessel, 388 (68 FR 23084; April 30, 2003), that on a requested administrative waiver of Expedition Vessel.’’ the issuance of the waiver will have an the Coastwise Trade Laws for the vessel Geographic Region: ‘‘United States unduly adverse effect on a U.S.-vessel PHOENIX. East Coast.’’ builder or a business that uses U.S.-flag Dated: October 20, 2004. vessels in that business, a waiver will SUMMARY: As authorized by Pub. L. 105– By order of the Maritime Administrator. not be granted. Comments should refer 383 and Pub. L. 107–295, the Secretary to the docket number of this notice and of Transportation, as represented by the Joel C. Richard, the vessel name in order for MARAD to Maritime Administration (MARAD), is Secretary, Maritime Administration. properly consider the comments. authorized to grant waivers of the U.S.- [FR Doc. 04–24202 Filed 10–28–04; 8:45 am] Comments should also state the build requirement of the coastwise laws BILLING CODE 4910–81–P commenter’s interest in the waiver under certain circumstances. A request application, and address the waiver for such a waiver has been received by criteria given in § 388.4 of MARAD’s MARAD. The vessel, and a brief DEPARTMENT OF TRANSPORTATION regulations at 46 CFR part 388. description of the proposed service, is Maritime Administration DATES: Submit comments on or before listed below. The complete application November 29, 2004. is given in DOT docket 2004–19429 at [Docket Number 2004 19427] ADDRESSES: Comments should refer to http://dms.dot.gov. Interested parties docket number MARAD–19424. Written may comment on the effect this action Requested Administrative Waiver of comments may be submitted by hand or may have on U.S. vessel builders or the Coastwise Trade Laws by mail to the Docket Clerk, U.S. DOT businesses in the U.S. that use U.S.-flag AGENCY: Maritime Administration, Dockets, Room PL–401, Department of vessels. If MARAD determines, in Department of Transportation. Transportation, 400 7th St., SW., accordance with Pub. L. 105–383 and ACTION: Invitation for public comments Washington, DC 20590–0001. You may MARAD’s regulations at 46 CFR part on a requested administrative waiver of also send comments electronically via 388 (68 FR 23084; April 30, 2003), that the Coastwise Trade Laws for the vessel the Internet at http://dmses.dot.gov/ the issuance of the waiver will have an SAILS CALL. submit/. All comments will become part unduly adverse effect on a U.S.-vessel of this docket and will be available for builder or a business that uses U.S.-flag SUMMARY: As authorized by Pub. L. 105– inspection and copying at the above vessels in that business, a waiver will 383 and Pub. L. 107–295, the Secretary address between 10 a.m. and 5 p.m., not be granted. Comments should refer of Transportation, as represented by the E.T., Monday through Friday, except to the docket number of this notice and Maritime Administration (MARAD), is federal holidays. An electronic version the vessel name in order for MARAD to authorized to grant waivers of the U.S.- of this document and all documents properly consider the comments. build requirement of the coastwise laws entered into this docket is available on Comments should also state the under certain circumstances. A request the World Wide Web at http:// commenter’s interest in the waiver for such a waiver has been received by dms.dot.gov. application, and address the waiver MARAD. The vessel, and a brief

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63195

description of the proposed service, is DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: listed below. The complete application Michael Hokana, U.S. Department of is given in DOT docket 2004–19427 at Maritime Administration Transportation, Maritime http://dms.dot.gov. Interested parties [Docket Number 2004 19425] Administration, MAR–830 Room 7201, may comment on the effect this action 400 Seventh Street, SW., Washington, may have on U.S. vessel builders or Requested Administrative Waiver of DC 20590. Telephone (202) 366–0760. businesses in the U.S. that use U.S.-flag the Coastwise Trade Laws SUPPLEMENTARY INFORMATION: As described by the applicant the intended vessels. If MARAD determines, in AGENCY: Maritime Administration, accordance with Pub. L. 105–383 and Department of Transportation. service of the vessel SERENITY is: MARAD’s regulations at 46 CFR part Intended Use: ‘‘Charters.’’ ACTION: Invitation for public comments 388 (68 FR 23084; April 30, 2003), that Geographic Region: ‘‘U.S. East Coast, on a requested administrative waiver of Puerto Rico, U.S. Virgin Islands.’’ the issuance of the waiver will have an the Coastwise Trade Laws for the vessel unduly adverse effect on a U.S.-vessel SERENITY. Dated: October 20, 2004. builder or a business that uses U.S.-flag By order of the Maritime Administrator. vessels in that business, a waiver will SUMMARY: As authorized by Pub. L. 105– Joel C. Richard, not be granted. Comments should refer 383 and Pub. L. 107–295, the Secretary Secretary, Maritime Administration. of Transportation, as represented by the to the docket number of this notice and [FR Doc. 04–24199 Filed 10–28–04; 8:45 am] Maritime Administration (MARAD), is the vessel name in order for MARAD to BILLING CODE 4910–81–P properly consider the comments. authorized to grant waivers of the U.S.- Comments should also state the build requirement of the coastwise laws commenter’s interest in the waiver under certain circumstances. A request DEPARTMENT OF TRANSPORTATION application, and address the waiver for such a waiver has been received by criteria given in § 388.4 of MARAD’s MARAD. The vessel, and a brief Maritime Administration description of the proposed service, is regulations at 46 CFR part 388. listed below. The complete application [Docket Number 2004 19430] DATES: Submit comments on or before is given in DOT docket 2004–19425 at Requested Administrative Waiver of November 29, 2004. http://dms.dot.gov. Interested parties the Coastwise Trade Laws may comment on the effect this action ADDRESSES: Comments should refer to may have on U.S. vessel builders or AGENCY: Maritime Administration, docket number MARAD–2004 19427. businesses in the U.S. that use U.S.-flag Department of Transportation. Written comments may be submitted by vessels. If MARAD determines, in hand or by mail to the Docket Clerk, ACTION: Invitation for public comments accordance with Pub. L. 105–383 and on a requested administrative waiver of U.S. DOT Dockets, Room PL–401, MARAD’s regulations at 46 CFR part Department of Transportation, 400 7th the Coastwise Trade Laws for the vessel 388 (68 FR 23084; April 30, 2003), that YACHT LADY. St., SW., Washington, DC 20590–0001. the issuance of the waiver will have an You may also send comments unduly adverse effect on a U.S.-vessel SUMMARY: As authorized by Pub. L. 105– electronically via the Internet at http:// builder or a business that uses U.S.-flag 383 and Pub. L. 107–295, the Secretary dmses.dot.gov/submit/. All comments vessels in that business, a waiver will of Transportation, as represented by the will become part of this docket and will not be granted. Comments should refer Maritime Administration (MARAD), is be available for inspection and copying to the docket number of this notice and authorized to grant waivers of the U.S.- at the above address between 10 a.m. the vessel name in order for MARAD to build requirement of the coastwise laws and 5 p.m., E.T., Monday through properly consider the comments. under certain circumstances. A request Friday, except federal holidays. An Comments should also state the for such a waiver has been received by electronic version of this document and commenter’s interest in the waiver MARAD. The vessel, and a brief all documents entered into this docket application, and address the waiver description of the proposed service, is is available on the World Wide Web at criteria given in § 388.4 of MARAD’s listed below. The complete application http://dms.dot.gov. regulations at 46 CFR part 388. is given in DOT docket 2004–19430 at DATES: Submit comments on or before http://dms.dot.gov. Interested parties FOR FURTHER INFORMATION CONTACT: November 29, 2004. may comment on the effect this action Michael Hokana, U.S. Department of ADDRESSES: Comments should refer to may have on U.S. vessel builders or Transportation, Maritime docket number MARAD–2004 19425. businesses in the U.S. that use U.S.-flag Administration, MAR–830 Room 7201, Written comments may be submitted by vessels. If MARAD determines, in 400 Seventh Street, SW., Washington, hand or by mail to the Docket Clerk, accordance with Pub. L. 105–383 and DC 20590. Telephone 202–366–0760. U.S. DOT Dockets, Room PL–401, MARAD’s regulations at 46 CFR part SUPPLEMENTARY INFORMATION: As Department of Transportation, 400 7th 388 (68 FR 23084; April 30, 2003), that described by the applicant the intended St., SW., Washington, DC 20590–0001. the issuance of the waiver will have an service of the vessel SAILS CALL. You may also send comments unduly adverse effect on a U.S.-vessel electronically via the Internet at http:// builder or a business that uses U.S.-flag Intended Use: ‘‘Sailboat Charter.’’ dmses.dot.gov/submit/. All comments vessels in that business, a waiver will Geographic Region: ‘‘East Coast of the will become part of this docket and will not be granted. Comments should refer U.S.’’ be available for inspection and copying to the docket number of this notice and Dated: October 20, 2004. at the above address between 10 a.m. the vessel name in order for MARAD to By order of the Maritime Administrator. and 5 p.m., e.t., Monday through Friday, properly consider the comments. except federal holidays. An electronic Comments should also state the Joel C. Richard, version of this document and all commenter’s interest in the waiver Secretary, Maritime Administration. documents entered into this docket is application, and address the waiver [FR Doc. 04–24200 Filed 10–28–04; 8:45 am] available on the World Wide Web at criteria given in § 388.4 of MARAD’s BILLING CODE 4910–81–P http://dms.dot.gov. regulations at 46 CFR part 388.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 63196 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices

DATES: Submit comments on or before PGR certifies that its projected information collection requirement November 29, 2004. revenues as a result of this transaction described below to the Office of ADDRESSES: Comments should refer to will not result in the creation of a Class Management and Budget (OMB) for docket number MARAD–2004 19430. II or Class I rail carrier. The transaction review, as required by the Paperwork Written comments may be submitted by was scheduled to be consummated no Reduction Act. Today, OTS is soliciting hand or by mail to the Docket Clerk, sooner than October 12, 2004, the public comments on the proposal. U.S. DOT Dockets, Room PL–401, effective date of the exemption (7 days DATES: Submit written comments on or Department of Transportation, 400 7th after the exemption was filed). before December 28, 2004. St., SW., Washington, DC 20590–0001. If the verified notice contains false or ADDRESSES: Send comments, referring to You may also send comments misleading information, the exemption the collection by title of the proposal or electronically via the Internet at http:// is void ab initio. Petitions to revoke the by OMB approval number, to dmses.dot.gov/submit/. All comments exemption under 49 U.S.C. 10502(d) Information Collection Comments, Chief will become part of this docket and will may be filed at any time. The filing of Counsel’s Office, Office of Thrift be available for inspection and copying a petition to revoke will not Supervision, 1700 G Street, NW., at the above address between 10 a.m. automatically stay the transaction. Washington, DC 20552; send a facsimile and 5 p.m., e.t., Monday through Friday, An original and 10 copies of all transmission to (202) 906–6518; or send except Federal holidays. An electronic pleadings, referring to STB Finance an e-mail to version of this document and all Docket No. 34597, must be filed with [email protected]. documents entered into this docket is the Surface Transportation Board, 1925 OTS will post comments and the related available on the World Wide Web at K Street, NW., Washington, DC 20423– index on the OTS Internet Site at http://dms.dot.gov. 0001. In addition, a copy of each http://www.ots.treas.gov. In addition, pleading must be served on: Thomas F. FOR FURTHER INFORMATION CONTACT: interested persons may inspect McFarland, P.C., 208 South LaSalle St., Michael Hokana, U.S. Department of comments at the Public Reading Room, Suite 1890, Chicago, IL 60604–1112. 1700 G Street, NW., by appointment. To Transportation, Maritime Board decisions and notices are make an appointment, call (202) 906– Administration, MAR–830 Room 7201, available on our Web site at http:// 5922, send an e-mail to 400 Seventh Street, SW., Washington, www.stb.dot.gov. DC 20590. Telephone (202) 366–0760. [email protected], or send a Decided: October 22, 2004. SUPPLEMENTARY INFORMATION: As facsimile transmission to (202) 906– described by the applicant the intended By the Board, David M. Konschnik, 7755. Director, Office of Proceedings. service of the vessel YACHT LADY is: FOR FURTHER INFORMATION CONTACT: You Vernon A. Williams, Intended Use: ‘‘Luxury private and can request additional information short term charters’’. Secretary. about this proposed information Geographic Region: ‘‘California’’. [FR Doc. 04–24116 Filed 10–28–04; 8:45 am] collection from Nadine Washington, Dated: October 20, 2004. BILLING CODE 4915–01–P Information Systems, Administration & By order of the Maritime Administrator. Finance, (202) 906–6706, Office of Joel C. Richard, Thrift Supervision, 1700 G Street, NW., DEPARTMENT OF THE TREASURY Washington, DC 20552. Secretary, Maritime Administration. SUPPLEMENTARY INFORMATION: OTS may [FR Doc. 04–24204 Filed 10–28–04; 8:45 am] Office of Thrift Supervision not conduct or sponsor an information BILLING CODE 4910–81–P Proposed Agency Information collection, and respondents are not Collection Activities; Comment required to respond to an information DEPARTMENT OF TRANSPORTATION Request—Capital Distribution collection, unless the information collection displays a currently valid Surface Transportation Board AGENCY: Office of Thrift Supervision OMB control number. As part of the (OTS), Treasury. approval process, we invite comments [STB Finance Docket No. 34597] ACTION: Notice and request for comment. on the following information collection. Comments should address one or Progressive Rail, Incorporated—Lease SUMMARY: The Department of the more of the following points: and Operation Exemption—Rail Line of Treasury, as part of its continuing effort a. Whether the proposed collection of Union Pacific Railroad Company to reduce paperwork and respondent information is necessary for the proper burden, invites the general public and Progressive Rail, Incorporated (PGR), performance of the functions of OTS; other Federal agencies to comment on a Class III rail carrier, has filed a verified b. The accuracy of OTS’s estimate of proposed and continuing information notice of exemption under 49 CFR the burden of the proposed information collections, as required by the 1150.41 to lease from Union Pacific collection; Paperwork Reduction Act of 1995, 44 Railroad Company and operate 38.3 c. Ways to enhance the quality, U.S.C. 3507. The Office of Thrift miles of rail line consisting of the utility, and clarity of the information to Supervision within the Department of Cameron Line that extends between be collected; the Treasury will submit the proposed milepost 50.00 at or near Cameron and d. Ways to minimize the burden of the milepost 11.70 at or near Norma, in information collection on respondents, approximately 23.97 miles of rail line in Barron Barron and Chippewa Counties, WI.1 including through the use of County, WI. PGR is the parent company of WNRC. information technology. However, by letter filed on October 15, 2004, WNRC 1 The rail line in the instant transaction connects has requested withdrawal of its notice, indicating We will summarize the comments in Barron County, WI, to a rail line that is the that PGR proposes to file a new notice in its own that we receive and include them in the subject of a concurrently filed notice of exemption behalf to lease and operate the 23.97 miles of rail OTS request for OMB approval. All in STB Finance Docket No. 34596, Wisconsin line in Barron County to avoid the common control comments will become a matter of Northern Railroad Company, LLC-Lease and situation that otherwise would occur and require Operation Exemption-Rail Lines of Wisconsin Board approval. The withdrawal request was public record. In this notice, OTS is Central, Ltd., wherein Wisconsin Northern Railroad granted by decision served October 22, 2004, in that soliciting comments concerning the Company (WNRC) has sought to lease and operate proceeding. following information collection.

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63197

Title of Proposal: Capital Distribution. Affected Public: Savings Associations. OMB Reviewer: Mark Menchik, (202) OMB Number: 1550–0059. Estimated Number of Respondents: 395–3176, Office of Management and Form Number: OTS Forms 1583. 523. Budget, Room 10236, New Executive Description: Provides uniform Estimated Burden Hours per Office Building, Washington, DC 20503. treatment for capital distributions made Response: 4 hours. by savings associations held by holding Estimated Frequency of Response: Dated: October 25, 2004. companies. Ensures adequate Event-generated. By the Office of Thrift Supervision. supervision of distribution of capital by Estimated Total Burden: 2,092 hours. James E. Gilleran, those savings associations, thereby Clearance Officer: Marilyn K. Burton, Director. (202) 906–6467, Office of Thrift fostering safety and soundness of the [FR Doc. 04–24269 Filed 10–28–04; 8:45 am] thrift industry. Supervision, 1700 G Street, NW., Type of Review: Renewal. Washington, DC 20552. BILLING CODE 6720–01–P

VerDate jul<14>2003 14:39 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1 Friday, October 29, 2004

Part II

Department of Commerce National Oceanic and Atmospheric Administration

50 CFR Parts 679 and 680 Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources; Proposed Rule

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29OCP2.SGM 29OCP2 63200 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

DEPARTMENT OF COMMERCE Send comments on and management issues associated with collection-of-information requirements the current derby fishery and would National Oceanic and Atmospheric to the same NMFS address and also to reduce bycatch and associated discard Administration the Office of Information and Regulatory mortality. The Program also would Affairs, Office of Management and increase the safety of crab fishermen by 50 CFR Parts 679 and 680 Budget, Washington, DC 20503 (Attn: ending the race for fish. Share [Docket No. 040831251-4251-01; I.D. NOAA Desk Officer). Also, send allocations to harvesters and processors, 100804A] comments to David Rostker, OMB, by together with incentives to participate e-mail at [email protected] or by in fishery cooperatives, would increase RIN 0648–AS47 facsimile to 202-395-7285. efficiencies, provide economic stability, Copies of Amendments 18 and 19 and and facilitate compensated reduction of Fisheries of the Exclusive Economic the Environmental Impact Statement excess capacities in the harvesting and Zone Off Alaska; Allocating Bering Sea (EIS) for this action may be obtained processing sectors. Community interests and Aleutian Islands King and Tanner from the NMFS Alaska Region at the would be protected by Community Crab Fishery Resources address above or from the Alaska Region Development Quota (CDQ) allocations AGENCY: National Marine Fisheries website at http://www.fakr.noaa.gov/ and regional landing and processing Service (NMFS), National Oceanic and sustainablefisheries/crab/eis/ requirements, as well as by several Atmospheric Administration (NOAA), default.htm. The EIS contains as community protection measures. Commerce. appendices the Regulatory Impact This preamble first provides a Crab Rationalization Program overview that ACTION: Proposed rule; request for Review (RIR), Initial Regulatory presents a general description of all of comments. Flexibility Analysis (IRFA), and Social Impact Assessment (SIA) prepared for the Program components. Subsequent SUMMARY: NMFS proposes regulations this action. sections focus on the specifics of the implementing Amendments 18 and 19 FOR FURTHER INFORMATION CONTACT: following Program components: quota to the Fishery Management Plan for Susan Salveson, 907-586-7228 or share allocation, processor quota share Bering Sea/Aleutian Islands (BSAI) King [email protected]. allocation, IFQ and individual and Tanner Crabs (FMP). Amendments processing quota (IPQ) issuance, quota SUPPLEMENTARY INFORMATION: In January 18 and 19 amend the FMP to include transfers, use caps, crab harvesting 2004, Congress amended section 313 of cooperatives, protections for Gulf of the Voluntary Three-Pie Cooperative the Magnuson-Stevens Act through the Program (hereinafter referred to as the Alaska groundfish fisheries, binding Consolidated Appropriations Act of arbitration, monitoring, economic data Crab Rationalization Program 2004 (Pub. L. 108-199, section 801), by (Program)). Congress amended the collection, and cost recovery fee adding paragraph (j). As amended, collection. Magnuson-Stevens Fishery section 313(j)(1) requires the Secretary Conservation and Management Act to approve by January 1, 2005, and Crab Rationalization Program (Magnuson-Stevens Act) to require the implement thereafter, the Program as it Overview Secretary of Commerce to approve the was adopted by the North Pacific The Program would apply to the Program. The proposed action is Fishery Management Council (Council). following BSAI crab fisheries: Bristol necessary to increase resource Amendments 18 and 19 amend the FMP Bay red king crab (Paralithodes conservation, improve economic to include the Program. camtschaticus), Western Aleutian efficiency, and improve safety. This This proposed rule implements Islands (Adak) golden king crab action is intended to promote the goals Amendments 18 and 19 to the FMP. The (Lithodes aequispinus) - West of 174° and objectives of the Magnuson-Stevens Notice of Availability for these W., Eastern Aleutian Islands (Dutch Act, the FMP, and other applicable law. amendments was published in the Harbor) golden king crab - East of 174° DATES: Comments must be received no Federal Register on September 1, 2004 W., Western Aleutian Islands (Adak) red later than December 13, 2004. (69 FR 53397). NMFS solicited public king crab - West of 179° W., Pribilof ADDRESSES: Send comments to Sue comments on the proposed amendments Islands blue king crab (P. platypus) and Salveson, Assistant Regional through November 1, 2004. NMFS red king crab, St. Matthew Island blue Administrator, Sustainable Fisheries published the amendments in king crab, Bering Sea snow crab Division, Alaska Region, NMFS, Attn: September so that the decision date for (Chionoecetes opilio), and Bering Sea Lori Durall. Comments may be approval of the amendments will be Tanner crab (C. bairdi). Golden king submitted by: before the statutory deadline of January crab is also known as brown king crab. • Mail: P.O. Box 21668, Juneau, AK 1, 2005. In this document, the phrases ‘‘crab 99802. The Program would allocate BSAI fishery’’ and ‘‘crab fisheries’’ refer to • Hand Delivery to the Federal crab resources among harvesters, these fisheries, unless otherwise Building: 709 West 9th Street, Room processors, and coastal communities. specified. 420A, Juneau, AK. The Council developed the Program Several crab fisheries under the FMP • Facsimile: 907-586-7557. over a 6-year period to accommodate the would be excluded from the Program, • E-mail: KTC18–PR–0648– specific dynamics and needs of the including the Norton Sound red king [email protected]. Include in the subject BSAI crab fisheries. The Program builds crab fishery, which is operated under a line of the e-mail the following on the Council’s experiences with the ‘‘superexclusive’’ permit program document identifier: Crab halibut and sablefish Individual Fishing intended to protect the interests of local, Rationalization RIN 0648–AS47. E-mail Quota (IFQ) program and the American small-vessel participants. Also excluded comments, with or without attachments, Fisheries Act (AFA) cooperative from this Program are the Aleutian are limited to 5 megabytes. program for Bering Sea pollock. The Islands Tanner crab fishery, Aleutian • Webform at the Federal eRulemaking Program is a limited access system that Islands red king crab fishery east of 179° Portal: www.regulations.gov. Follow the balances the interests of several groups W. long., and the Bering Sea golden king instructions at that site for submitting who depend on these fisheries. The crab, scarlet king crab (L. couesi), comments. Program would address conservation triangle Tanner crab (C. angulatus), and

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63201

grooved Tanner crab (C. tanneri) QS, CDQ groups, and eligible crab requirements until July 1, 2008. After fisheries. community entities would be exempt July 1, 2008, CV Crew IFQ would be from the transfer eligibility criteria. subject to the Class A IFQ/Class B IFQ Harvest Sector Separate caps would be imposed to distinction with commensurate regional Qualified harvesters would be limit the amount of QS and IFQ a delivery requirements unless the allocated quota share (QS) in each crab person could hold and to limit the use Council determines, after review, not to fishery. To receive a QS allocation, a of IFQ on board a vessel. These caps are apply those designations. Before July 1, harvester must hold a permanent, fully intended to prevent negative impacts 2007, the Council would review CV transferable license limitation program from what can be described as excessive Crew IFQ landing patterns to determine (LLP) license endorsed for that crab consolidation of shares. Excessive share whether the distribution of landings fishery. Quota share represents an holdings are prohibited by the among processors and communities of exclusive but revokable privilege that Magnuson-Stevens Act. Different caps CV Crew IFQ differs from the provides the QS holder with an annual were chosen for the different fisheries distribution of IFQ landings. allocation to harvest a specific because fleet characteristics and CP crew would be allocated CPC QS percentage of the total allowable catch dependence differ across fisheries. and IFQ that include a harvesting and (TAC) from a fishery. IFQs are the Separate caps on QS holdings would be on-board processing privilege. Harvests annual allocations of pounds of crab for established for CDQ groups, which with CPC IFQ also could be delivered to harvest that represent a QS holder’s represent rural western Alaska shore-based or floating processors. percentage of the TAC. Using LLP communities. Processor holdings of QS Crew QS and IFQ could be transferred licenses for defining eligibility in the would also be limited by caps on to eligible individuals. Leasing of Crew Program would maintain current fishery vertical integration. Quota share holders IFQ would be permitted before July 1, participation. A harvester’s allocation of could retain and use initial allocations 2008. After July 1, 2008, leasing would QS for a fishery would be based on the of QS above the caps. be permitted only in the case of a landings made by his or her vessel in documented hardship (such as a that fishery. Specifically, each Crew Sector medical hardship or loss of vessel) for allocation would be the harvester’s To protect their interests in the the term of the hardship, subject to a average annual portion of the total fisheries, qualifying crew would be maximum of 2 years over a 10-year qualified catch during a specific allocated 3 percent of the initial QS period. Individual Crew QS holdings qualifying period. Qualifying periods pool. These shares are intended to would be capped. were selected to balance historical and provide long term benefits to captains Processing Sector recent participation. Different periods and crew. The Council originally were selected for different fisheries to intended this provision to apply only to A processing privilege, analogous to accommodate closures and other vessel captains. However, NMFS has the harvesting privilege allocated to circumstances in the fisheries in recent determined that documentation harvesters, would be allocated to years. necessary to allocate Crew QS, called C processors. Qualified processors would Quota share would be designated as shares by the Council, would require be allocated processor quota share (PQS) either catcher vessel (CV) shares or that these shares be initially issued to in each crab fishery. PQS represents an catcher/processor (CP) shares, individuals who hold a State of Alaska exclusive but revocable privilege to depending on the nature of the LLP Interim Use Permit. Most likely, this receive deliveries of a specific portion of license and whether the vessel individual would be the captain; the annual TAC from a fishery. An processed the qualifying harvests on however, the State does not require that annual allocation of pounds of crab board. Catcher vessel IFQ would be the holder of the Interim Use Permit be based on the PQS is IPQ. IPQs would be issued in two classes, Class A IFQ and the vessel captain. The allocation to issued for 90 percent of the IFQ Class B IFQ. Crabs harvested with Class crew would be based on the same allocated harvesters, equaling the A IFQ would require delivery to a qualifying years and computational amount of IFQ allocated as Class A IFQ. processor holding unused processing method used for QS allocations to LLP Processor privileges would not apply to quota. Class A IFQ landings also would license holders. Crew (C) QS would be the remaining TAC allocated as Class B be subject to a regional delivery issued as CVC QS and CPC QS, IFQ, or for Crew IFQ until July 1, 2008. requirement. Under this regional depending on the activity in the IPQs would be regionally designated for requirement, landings would be qualifying years. To ensure that Crew processing (corresponding to the delivered either in a North or in a South QS and IFQ benefit at-sea participants regional designation of the Class A IFQ). region (in most fisheries). Crabs in the fisheries, Crew IFQ could be used PQS allocations would be based on harvested with Class B IFQ could be only when the IFQ holder is on board processing history during a specified delivered to any processor and would the vessel, except when a Crew QS qualifying period for each fishery. A not be regionally designated. Landings holder joins a cooperative. processor’s initial allocation of PQS in in excess of IFQ would be forfeited in To be eligible to receive an allocation, a fishery would equal its share of all all cases. Class B IFQs are intended to an individual would be required to have qualified pounds of crab processed in provide ex-vessel price negotiating historic and recent participation. the qualifying period. Processor shares leverage to harvesters. For each region Historic participation would be would be transferable, including the of each fishery, the allocation of Class demonstrated by at least one landing in leasing of IPQs and the sale of PQS, B IFQ would be 10 percent of the total each of three of the qualifying years. subject to caps and to community allocation of IFQ to the CV sector. Recent participation would be protection measures. IPQs could be used Transfer of QS and IFQ, either by sale demonstrated by at least one landing in without transfer at any facility or plant or lease, would be allowed, subject to two of the three most recent seasons, operated by a processor. New processors limits including caps on the amount of with some specific exceptions. could enter the fishery by purchasing shares a person may hold or use. To be CV Crew IFQ would be required to be PQS or IPQ or by purchasing crab eligible to receive transferred QS or IFQ, delivered to shore-based or floating harvested with Class B IFQ or crab a person would have to meet specific processors for processing. CV Crew IFQ harvested by CDQ groups or the Adak eligibility criteria. Initial recipients of would not be subject to specific delivery community entity.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63202 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

A PQS holder would be limited to landings in the fishery. A second 20 percent of the IPQ and for specific holding 30 percent of the PQS issued for exception is the Bering Sea Tanner crab hardships. PQS and IPQ from three crab a fishery, except that initial allocations fishery, which would have no regional fisheries would be exempt from the of shares above this limit could be designation. This fishery is anticipated cooling off provision: Tanner crab, retained and used. In addition, in the to be conducted primarily as a Western Aleutian Islands red king crab, snow crab fishery, no processor would concurrent fishery with the regionalized and Western Aleutian Islands golden be permitted to use or hold in excess of Bristol Bay red king crab and Bering Sea king crab. 60 percent of the IPQs issued for the snow crab fisheries, making the regional Individual processing quota caps. IPQ Northern region. designation of Tanner crab landings caps would be established to limit the unnecessary. annual issuance of IPQs in seasons Catcher/Processor Sector when the Bristol Bay red king crab or CPs have a unique position in the Cooperatives snow crab TAC exceeds a threshold Program because they participate in Harvesters may form voluntary amount. Under these circumstances, both the harvesting and processing cooperatives in order to collectively Class A IFQ issued in excess of these sectors. To be eligible for CP QS, a manage their IFQ holdings. A minimum thresholds would not be subject to the person would be required to hold a membership of four unique QS holders IPQ landing requirements but would be permanent, fully transferable LLP would be required for cooperative subject to the regional delivery license designated for CP use. In formation. Quota share holders who also requirements. addition, a person must have processed (1) hold PQS or IPQ, (2) are affiliated Sea time waiver. Sea time eligibility crab on board the CP, whose history with a person who holds PQS or IPQ, requirements for the purchase of QS gave rise to the LLP license, in either (3) process Class B IFQ, or (4) are would be waived for CDQ groups and 1998 or 1999. Persons meeting these affiliated with a person that processes community entities in ECCs, allowing qualification requirements would be Class B IFQ, would be prohibited from those communities to build and allocated CP QS in accordance with the joining a crab harvesting cooperative. A maintain local interests in harvesting. allocation rules for QS for all qualified cooperative would be required to apply CDQ groups and ECCs would be eligible catch that was processed on board. for a cooperative IFQ permit. The to purchase PQS but would not be These shares would represent a harvest cooperative IFQ permit would display permitted to purchase Crew QS. privilege and an on-board processing the aggregate amount of IFQ in each Right of first refusal (ROFR). ECCs, privilege. Catcher/Processor QS would crab fishery that would be yielded by except for Adak, would have a ROFR on not have regional designations. the collective QS holdings of the the transfer of PQS and IPQ originating members. IFQ could be transferred from processing history in the Regionalization between cooperatives, subject to NMFS’ community if the transfer would result The regional delivery requirements approval. Cooperative members would in relocation of the shares outside the for QS are intended to preserve the be allowed to leave a cooperative or community. Adak would not be eligible historic geographic distribution of change cooperatives on an annual basis for the ROFR provision because Adak landings in the fisheries. Communities prior to the July 1 deadline for the would receive a direct allocation of in the Pribilof Islands are the prime annual cooperative IFQ permit Western Aleutian Islands golden king beneficiaries of this regionalization application. Vessels that are used crab. In addition, the City of Kodiak and provision. Two regional designations exclusively to harvest cooperative IFQ the Kodiak Island Borough in the Gulf would be created in most fisheries. The would not be subject to use caps. of Alaska (GOA) would have a ROFR on North region would be all areas in the Cooperatives are free to associate with the transfer of PQS and IPQ from Bering Sea north of 56°20′ N. latitude. one or more processors to the extent communities in the GOA north of 56°20′ The South region would be all other allowed by antitrust law. N. latitude. areas. Catcher vessel QS, Class A IFQ, PQS, and IPQ would be regionally Community Protection Measures Community Development Quota designated. Crab harvested with The Program includes several Program and Community Allocations regionally designated IFQ would be provisions intended to protect Community Development Quota required to be delivered to a processor communities from adverse impacts that Program. The CDQ Program would be in the designated region. Likewise, a could result from the Program. expanded to include the Eastern processor with regionally designated Communities eligible for the community Aleutian Islands golden king crab IPQ would be required to accept protection measures would be those fishery and the Western Aleutian delivery of and process crab in the with 3 percent or more of the qualified Islands red king crab fishery. In designated region. Legal landings in a landings in any crab fishery included in addition, the CDQ allocations in all crab region in the qualifying years would the Program. Based on these criteria, fisheries covered by the Program would result in QS and PQS designated for that NMFS has preliminarily determined be increased from 7.5 to 10 percent of region. that the following crab communities the TAC. The increase would not apply The Program has two exceptions to meet this criteria: Adak, Akutan, Dutch to the CDQ allocation of Norton Sound the North/South regional designations. Harbor, Kodiak, King Cove, False Pass, red king crab because this fishery is In the Western Aleutian Islands golden St. George, St. Paul, and Port Moller. All excluded from the Program. The crab king crab fishery, 50 percent of the Class of these communities are identified as CDQ fisheries would be managed as A IFQ and IPQ would be designated as eligible crab communities (ECCs) for separate commercial fisheries by the west shares to be delivered west of 174° purposes of community protection State under authority deferred to it W. longitude. The remaining 50 percent measures. under the FMP. The State would of the Class A IFQ and IPQ would have ‘‘Cooling off’’ provision. Until July 1, establish observer coverage no regional designation and would not 2007, PQS and IPQ based on processing requirements, State permitting be subject to a regional delivery history from the ECCs could not be requirements, and transfer provisions requirement. The west designation transferred from those communities. among the CDQ groups. It also would would be applied to all Class A IFQ and The use of IPQ outside the community monitor catch to determine when quotas IPQ regardless of the historic location of during this period would be limited to had been reached, enforce any penalties

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63203

associated with quota overages, and the crab CDQ fisheries. As with the CDQ IPQ holder to contract with, effectively monitor compliance with the allocations, crab harvested under the limiting any ability to use other requirement that CDQ groups must Adak allocation would be subject to processor markets for negotiating deliver at least 25 percent of their several requirements that apply to all leverage. To ensure fair price allocation to shore-based processors. crab fisheries under the Program negotiations, the Arbitration System Crab harvested under the CDQ including permitting, recordkeeping and includes a provision for open allocations (except Norton Sound red reporting, a vessel monitoring system, negotiations among IPQ and IFQ holders king crab) would be subject to some of and the cost recovery fees. as well as various negotiation the Federal requirements that apply to Community purchase. Any non-CDQ approaches, including: (a) a share all crab fisheries under the Program community in which 3 percent or more matching approach where IPQ holders including permitting, recordkeeping and of any crab fishery was processed could make known to unaffiliated IFQ holders reporting, a vessel monitoring system, form a non-profit entity to receive QS, that have uncommitted IFQ available and the cost recovery fees. The specifics IFQ, PQ and IPQ transfers on behalf of the amount of uncommitted IPQ they of these requirements are discussed in the community. The non-profit entity have available so the IFQ holder can more detail in later sections. would be called an eligible crab match up its uncommitted IFQ by The CDQ groups could participate in community organization (ECCO). indicating an intent to deliver its catch the crab fisheries as holders of both QS to that IPQ holder; (b) a lengthy season and PQS. Some CDQ groups would be Protections for Participants in Other Fisheries approach that allows parties to postpone initial recipients of QS because they binding arbitration until sometime hold LLP licenses and the appropriate The Program would greatly increase during the season; and (c) a binding catch history. In addition, the CDQ the flexibility for crab fishermen to arbitration procedure to resolve price groups would be exempt from the chose when and where to fish for their disputes between an IPQ holder and transfer eligibility requirement related IFQ, and this increased flexibility would eligible IFQ holders. to sea time so they would be eligible to provide crab fishermen with increased The arbitration process would begin obtain QS by transfer, subject to QS use opportunity to participate in other preseason with a market report for each caps for CDQ groups. The CDQ groups fisheries. Restrictions on the fishery prepared by an independent also would be able to obtain PQS by participants in other fisheries, also market analyst selected by the PQS and transfer because there are no transfer called sideboards, would restrict a QS holders and the establishment of a restrictions on PQS. While harvesting vessel’s harvests to its historical non-binding fleet wide benchmark price crab with IFQ, the CDQ groups would landings in all GOA groundfish fisheries by an arbitrator who has consulted with be subject to the same regulations as (except the sablefish fishery). Vessels fleet representatives and processors. apply to other IFQ holders. The with less than 100,000 pounds (45,359 Information provided by the sectors purchase and holding of QS and PQS by kg) of total snow crab landings and more would be historical in nature and at the CDQ groups would be subject to the than 500 metric tons (mt) (1,102,311 lb) least 3 months old. This non-binding administrative regulations for the CDQ of total Pacific cod landings in the GOA price would guide the above described Program at 50 CFR part 679. These during the qualifying years would be negotiations. Information sharing among regulations include information, exempt from the restrictions. In IPQ and IFQ holders, collective reporting, prior approval, and use addition, vessels with less than 50 mt negotiations, and release of arbitration requirements for all CDQ investments, (110,231 lb) of total groundfish landings results would be limited to minimize which include QS and PQS. in the GOA during the qualifying period the antitrust risks of participants in the Adak allocation. An allocation of 10 would be prohibited from harvesting Program. percent of the TAC of Western Aleutian Pacific cod from the GOA. Restrictions The binding arbitration procedure in Islands golden king crab would be made would be applied to vessels but would a last best (or final) offer format. The to the community of Adak. The also restrict landings made using a IPQ holder, each IFQ holder, and each allocation to Adak would be made to a groundfish LLP license derived from the crab harvesting cooperative could nonprofit entity representing the history of a vessel so restricted, even if submit an offer. For each IFQ holder or community, with a board of directors that LLP license is used on another cooperative, the arbitrator would select elected by the community. As an vessel. Groundfish sideboards in the between the IFQ holder’s (or alternative and in the interim, the GOA would be managed by NMFS cooperative’s) offer and the IPQ holder’s allocation and funds derived from it through fleet-wide sideboard directed offer. After an arbitration decision is could be held in trust by the Aleut fishing closures in Federal waters and rendered, an eligible IFQ holder with Enterprise Corporation for a period not for the parallel fishery in state waters. uncommited IFQ could opt-in to the to exceed 2 years, if the Adak completed contract by accepting all Arbitration System community non-profit entity is not terms of the arbitration decision as long formed prior to implementation of the BSAI crab fisheries have a history of as the IPQ holder held sufficient Program. Oversight of the use of the contentious price negotiations. uncommitted IPQ. allocation for ‘‘fisheries related Harvesters have often acted collectively purposes’’ would be deferred to the to negotiate an ex-vessel price with Monitoring and Enforcement State under the FMP. NMFS would have processors, which at times delayed NMFS and the State of Alaska would no direct role in oversight of the use of fishing. The Arbitration System was coordinate monitoring and enforcement this allocation. The State would provide developed to compensate for of the crab fisheries. Harvesting and an implementation review to the complications arising from the creation processing activity would need to be Council to ensure that the benefits of QS/IFQ and PQS/IPQ. The monitored for compliance with the derived from the allocation accrue to the complications include price implementing regulations. Methods for community and achieve the goals of the negotiations that could continue catch accounting and catch monitoring fisheries development plan. The Adak indefinitely and result in costly delays plans would generate data to provide allocation would be managed as a and the ‘‘last person standing’’ problem accurate and reliable round weight separate commercial fishery by the State where the last Class A IFQ holder to accounting of the total catch and in a manner similar to management of contract deliveries would have a single landings to manage quota share

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63204 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

accounts, prevent overages of IFQ and share purchased with loan money holder who harvested and delivered IPQ, and determine regionalization would be subject to all use and leasing unprocessed crab to a processor. requirements and fee liability. restrictions applicable to Crew QS for (2) Catcher/Processor Owner (CPO) Monitoring measures would include the term of the loan. This proposed rule QS would be issued to a CP LLP license landed catch weight and species does not contain proposed regulations holder for crab harvested and processed composition, bycatch, and deadloss to to implement the crew loan program. crab on board the same vessel or under estimate total fishery removals. Those proposed regulations will be that LLP license. developed by NMFS Financial Services. (3) Catcher Vessel Crew (CVC) QS Economic Data Collection would be issued to a crew member who The Program includes a Annual Reports and Program Review held a State of Alaska Interim Use comprehensive economic data NMFS, in conjunction with the State Permit and signed a fish ticket for the collection program to aid the Council of Alaska, would produce annual delivery of crab during the qualifying and NMFS in assessing the success of reports on the Program. Before July 1, period. the Program and developing 2007, the Council would review the (4) Catcher/Processor Crew (CPC) QS amendments necessary to mitigate any PQS, binding arbitration, and C share would be issued to a crew member who unintended consequences. An components of the Program. After July held a State of Alaska Interim Use Economic Data Report (EDR), containing 1, 2008, the Council would conduct a Permit and signed a fish ticket for crab cost, revenue, ownership, and preliminary review of the Program. A processed at-sea on the vessel that employment data, would be collected full review of the entire Program would harvested that crab. on a periodic basis from the harvesting be undertaken in 2010. Additional Official Crab Rationalization Record and processing sectors. The data would reviews would be conducted every 5 be used to study the economic impacts years. These reviews are intended to Prior to issuing any QS, NMFS would of the Program on harvesters, objectively measure the success of the compile an official record that contains processors, and communities. Program in achieving the goals and the best available information on the Participation in the data collection objectives specified in the Council’s harvesting and processing activities in program would be mandatory for all problem statement and the the crab fisheries. This record would be participants in the crab fisheries. Magnuson-Stevens Act. These reviews the basis for determining QS allocations. In order to facilitate the timely issuance Cost Recovery and Fee Collection would examine the impacts of the Program on vessel owners, captains, of QS, NMFS would require any claims NMFS would establish a cost recovery crew, processors, and communities, and that are contrary to the official record to fee system, required by section 304(d)(2) include an assessment of options to be substantiated before changing the of the Magnuson-Stevens Act, to recover mitigate negative impacts. official record. actual costs directly related to the The following sections provide more NMFS would establish certain management and enforcement of the detail on the key components of the operational standards about the use of Program. The crab cost recovery fee Program. landings in the official record to would be paid in equal shares by the facilitate timely issuance of QS. First, harvesting and processing sectors and Quota Share Allocation NMFS would not issue CPO or CVO QS would be based on the ex-vessel value This section identifies those who to any person other than to the of all crab harvested under the Program, would be eligible to receive QS in the applicant who holds the LLP license at including CDQ crab and Adak crab. initial allocation and describes the four the time of application. The Council NMFS also would enter into a QS sectors. The following sections clearly established that the basis for cooperative agreement with the State of discuss the application process and the recognizing and allocating QS is the Alaska to use IFQ cost recovery funds in proposed mechanism for deriving QS possession of an LLP license endorsed State management and observer and IFQ in each sector. Qualified for the crab fishery, the associated legal programs for BSAI crab fisheries. The harvesters would be allocated QS in landings that were made on the vessel crab cost recovery fee is prohibited from each crab fishery. To receive an initial that resulted in the issuance of the LLP exceeding 3 percent of the annual QS allocation, a person must either: (1) license and endorsement, and any ex-vessel value. Within this limit, the hold a permanent, fully transferable LLP landings that were made under the collection of up to 133 percent of the license endorsed for that crab fishery; or authority of that LLP license. actual costs of management and (2) have made a landing under the Second, NMFS would assume any of enforcement under the Program would authority of a State of Alaska Interim the legal landings recorded on State of be authorized, which would provide for Use Permit issued to crew members by Alaska fish tickets to be correct. An fuller reimbursement of management the State of Alaska. Quota share would applicant who has information to costs after allocation of 25 percent of the represent an exclusive but revokable suggest the fish ticket records are cost recovery fees to the crew loan privilege that provides the QS holder inaccurate would have the burden of program. with an annual allocation to harvest a proving that to be the case. Third, NMFS would assume the LLP Crew Loan Program specific percentage of the TAC from a fishery. The annual allocations to QS license issued based on the landings To aid captains and crew in holders of TAC, in pounds, are referred made on a vessel continued to be used purchasing QS, a low interest loan to as IFQ. on that same vessel, unless the program (similar to the loan program applicant shows, with written under the halibut and sablefish IFQ QS Sectors documentation, that the LLP license was program) would be created. This The sector of QS issued would be transferred and used on another vessel. program would be funded by 25 percent based on eligibility and fishing activity NMFS would make this assumption of the cost recovery fees as required by during the qualified period. These because, during the years 2000 and the Magnuson-Stevens Act. Loan money distinctions yield four sectors of QS, as 2001, NMFS did not track the vessel on would be accessible only to active follows: which the LLP license was used. Thus, participants and could be used to (1) Catcher Vessel Owner (CVO) QS NMFS would require an applicant to purchase either QS or Crew QS. Quota would be issued to an LLP license inform NMFS if the LLP license was

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63205

used on a vessel other than the vessel alternative means for distributing the allocate QS only to the person holding for which the LLP license was originally QS or PQS resulting from the activities that LLP license at the time of issued. Written documentation during that time period. application. Any subsequent transfer of establishes a clear record of any transfer Catcher Vessel Owner - CVO QS Sector QS after initial issuance by the qualified of LLP license use prior to tracking by LLP license holder would be subject to NMFS. Eligibility to receive QS at initial the QS transfer provisions described Fourth, if more than one person is allocation would be limited to U.S. later in this preamble. NMFS would claiming legal landings or legal citizens who hold a permanent, fully establish that the landings made under processing activities during the same transferable LLP license at the time of the authority of an LLP license are time at the same processing facility or application. This means any corporation non-severable from that license. In other on board the same vessel, then each applying to receive CVO QS must also words, ‘‘catch history’’ that has been person eligible to receive QS or PQS be incorporated as a U.S. corporation. separated from an LLP license would based on those legal landings or legal The landings that would be processing activities would receive any considered as the basis for a QS not be considered for initial allocation QS or PQS issued divided in equal allocation for a crab fishery would be of QS. proportion among all eligible recipients those made on the vessel used to qualify The proposed definition of persons for that time period. This pro rata for the LLP license and species eligible to receive an initial allocation of division of QS would occur unless the endorsement for that fishery or were CVO QS and the qualifying periods used applicants can provide written made by the vessel on which that LLP to determine the allocation of QS are documentation establishing an license was used. NMFS would initially described in the following table:

TABLE 1—ELIGIBILITY TO RECEIVE CATCHER VESSEL OWNER (CVO) AND CATCHER PROCESSOR OWNER (CPO) QUOTA SHARE (QS) AND ASSOCIATED QUALIFYING YEAR PERIODS

Qualifying Year Periods for De- Eligible Person to Receive QS Crab Fisheries termining QS Allocation

Eastern Aleutian Island golden 5 years of the 5-year base pe- General: A citizen of the United States at the time of application for QS, king crab (EAG) riod beginning on September 1, and is... 1996, and ending on September 24, 2000. CVO QS: The holder of a permanent, fully transferable LLP license en- dorsed for that crab fishery at the time of application to receive QS and who is a citizen of the United States at the time of application for QS; or

CPO QS: (1) The holder of a permanent, fully transferable LLP license Western Aleutian Island golden 5 years of the 5-year base pe- endorsed for that crab fishery and endorsed for CP activities at the time king crab (WAG) riod beginning on September 1, of application to receive QS; and (2) Harvested and processed at-sea 1996, and ending on March 30, any crab species in any BSAI crab fishery during the years 1998 or 2001. 1999.

Bering Sea Tanner crab (BST) 4 years of the 6-year period be- ginning on November 15, 1992, through November 27, 1996.

Bering Sea snow crab (BSS) 4 years of the 5-year period be- ginning on January 15, 1996, and ending on April 8, 2000.

Bristol Bay red king crab (BBR) 4 years of the 5-year base pe- riod beginning on November 1, 1996, and ending on October 20, 2000.

Pribilof Islands red and blue 4 years of the 5-year period be- king crab (PIK) ginning on September 15, 1994, and ending on September 28, 1998.

St. Matthew blue king crab 4 years of the 5-year period be- (SMB) ginning on September 15, 1994, and ending on September 26, 1998.

Western Aleutian Islands red 3 years of the 4-year period be- king crab (WAI) ginning on November 1, 1992, and ending on February 13, 1996.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63206 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

Catcher Processor Owner - CPO QS to ensure that LLP licenses with a Historic participation would be Sector history of harvesting and processing demonstrated by at least one landing in at-sea have continued to do so recently, each of three of the qualifying years. The eligibility to receive a CPO QS is in order to reduce the amount of QS that Recent participation would be essentially the same as for CVO QS. In would be issued for use on vessels that demonstrated by at least one landing in order to receive CPO QS, a person are no longer active in the fishery. two of the three most recent seasons would have to be a U.S. citizen who before June 10, 2002, except for the holds a permanent, fully transferable Catcher Vessel Crew - CVC QS Sector fisheries that were closed in this period. LLP license at the time of application. CVC QS would be issued based on For these fisheries, Western Aleutian The LLP license would have to be different eligibility criteria. Table 2 Islands red king crab, the Pribilof endorsed for the fisheries for which the summarizes the persons who would be QS would be issued and would have to eligible to receive an initial allocation of Islands red and blue king crab, the St. be endorsed to allow the person to CVC QS, the qualifying years used, and Matthew Island blue king crab, and harvest and process crab as a CP. Only the number of years that could be Tanner crab, recent participation would landings harvested and processed on selected for initial allocation of QS. be demonstrated by at least one landing board the vessel during the qualifying Individuals would be qualified to in two of the three most recent seasons years would be used toward CPO QS. receive QS if they are designated on a preceding June 10, 2002, in the snow The qualifying periods and number of State of Alaska Interim Use Permit and crab, Bristol Bay red king crab, or one qualifying years used in CPO QS initial had historic and recent participation. of the Aleutian Islands golden king crab issuance calculations would be the same NMFS would determine participation fisheries. The recent participation as those in Table 1. In addition, any based on signed State of Alaska fish requirement would be waived for person who applies to receive CPO QS tickets because the State of Alaska captains who died in fishing-related would have to have made crab landings requires individuals who sign a fish incidents if the captain’s estate applies that were processed at-sea in either 1998 ticket to hold a State of Alaska Interim for QS. See the following table for or 1999. These provisions are intended Use Permit. details:

TABLE 2—ELIGIBILITY TO RECEIVE CATCHER VESSEL CREW (CVC) QUOTA SHARE (QS) AND QUALIFYING YEAR PERIODS

Number of Qualifying Year Periods for Deter- Qualifying Seasons for Eligible Person to Receive QS Crab Fisheries mining QS Initial Allo- Determining Recent cation Participation

Eastern Aleutian golden 3 years of the 5-year (1) September 1, 1999, An individual who: king crab (EAG) base period beginning through October 25, on September 1, 1996, 1999. (1) is a citizen of the United States, or his or her successor-in- and ending on Sep- (2) August 15, 2000, interest if that individual is deceased; tember 24, 2000. through September 24, 2000. (2) has historical participation in the fishery demonstrated by (3) August 15, 2001, being the individual named on a State of Alaska Interim Use through September 10, Permit who made at least one legal landing per year for any 3 2001. qualifying years under that permit based on data from fish tick- ets maintained by the State of Alaska; and

(3) has recent participation in the fishery demonstrated by being the individual named on a State of Alaska Interim Use Permit who made at least one legal landing under that permit in any 2 of 3 seasons based on data from fish tickets maintained by the State of Alaska.

Western Aleutian gold- 3 years of the 5-year (1) September 1, 1999, en king crab (WAG) base period beginning through August 14, on September 1, 1996, 2000. and ending on March (2) August 15, 2000, 30, 2001. through March 28, 2001. (3) August 15, 2001, through March 30, 2002.

Bering Sea Tanner 3 years of the 6-year any 2 of the last 3 sea- crab (BST) period beginning on sons prior to June 10, November 15, 1992, 2002 in the Eastern through November 27, Aleutian Island golden 1996. king crab, Western Aleutian Island golden king crab, Bering Sea snow crab, or Bristol Bay red king crab fish- eries.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63207

TABLE 2—ELIGIBILITY TO RECEIVE CATCHER VESSEL CREW (CVC) QUOTA SHARE (QS) AND QUALIFYING YEAR PERIODS—Continued

Number of Qualifying Year Periods for Deter- Qualifying Seasons for Eligible Person to Receive QS Crab Fisheries mining QS Initial Allo- Determining Recent cation Participation

Bering Sea snow crab 3 years of the 5-year (BSS) period beginning on (1) April 1, 2000, January 15, 1996, and through April 8, 2000. ending on April 8, (2) January 15, 2001, 2000. through February 14, 2001. (3) January 15, 2002, through February 8, 2002.

Bristol Bay red king 3 years of the 5-year crab (BBR) base period beginning (1) October 16, 2000, on November 1, 1996, through October 20, and ending on October 2000. 20, 2000. (2) October 15, 2001, through October 18, 2001. (3) October 15, 2002, through October 18, 2002.

Pribilof Islands red and 3 years of the 5-year any 2 of the last 3 sea- blue king crab (PIK) period beginning on sons prior to June 10, September 15, 1994, 2002, in the Eastern and ending on Sep- Aleutian Island golden tember 28, 1998. king crab, Western Aleutian Island golden king crab, Bering Sea snow crab, or Bristol Bay red king crab fish- eries, except that per- sons applying for an al- location to receive QS based on legal landings made aboard a vessel less than 60′ LOA at the time of harvest are exempt from this re- quirement.

St. Matthew blue king 3 years of the 5-year any 2 of the last 3 sea- crab (SMB) period beginning on sons prior to June 10, September 15, 1994, 2002, in the Eastern and ending on Sep- Aleutian Island golden tember 26, 1998. king crab, Western Aleutian Island golden king crab, Bering Sea snow crab, or Bristol Bay red king crab fish- eries.

Western Aleutian Is- 3 years of the 4-year any 2 of the last 3 sea- lands red king crab period beginning on sons prior to June 10, (WAI) November 1, 1992, and 2002, in the Eastern ending on February 13, Aleutian Island golden 1996. king crab, Western Aleutian Island golden king crab, Bering Sea snow crab, or Bristol Bay red king crab fish- eries.

In addition, the Program exempts from seasonal requirements in the traditionally participated in the fishery, crew members who participated in Pribilof Islands red and blue king crab but have been limited in recent years small vessels (under 60 feet in length) fisheries. Such small vessels have due to hazardous weather conditions.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63208 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

This exemption for small vessels would The allocation to the CPC QS sector landing requirements must be delivered allow crew serving in the fishery to be would be based on an individual to a Registered Crab Receiver (RCR) considered for initial allocation. landing under the authority of a State of operating in that region. Regional Alaska Interim Use Permit and designations would apply to: (1) QS Catcher Processor Crew - CPC QS Sector processing the catch on board the vessel initially issued to the CVO QS sector, (2) Catcher/Processor crew would be that made the landing. CPO QS subsequently transferred for allocated CPC QS that include a use as CVO QS under the transfer Regional Designations of QS harvesting and on-board processing provisions, or (3) after July 1, 2008, QS privilege. Harvests with CPC QS also In addition to the four QS sectors initially issued for the CVC QS sector. may be delivered to shore-based or issued in each of the eight crab fisheries, Regional designations would not apply floating processors. The definition of an QS would have regional delivery to CPO QS or to CPC QS. Any QS not eligible person, the qualifying years, and requirements. Regional delivery subject to regional designation would be the seasonal recent participation requirements are based on the specific issued as an ‘‘Undesignated’’ region. requirements for the CPC QS sector geographic location in which the crab The regional designations for each of the would be the same as those for the CVC were landed during the qualifying years. fisheries are summarized in the QS sector described in Table 2 above. Any QS that is subject to regional following table:

TABLE 3—REGIONAL DESIGNATIONS OF QUOTA SHARE (QS) AND PROCESSOR QUOTA SHARE (PQS)

North Region, South Region, West Region, Crab Fishery North of 56°20′ N. South of 56°20′ N. West of 174° W. Undesignated lat. lat. long.

EAG - Eastern Aleutian golden king crab X X

WAG - Western Aleutian golden king crab X X

BST - Bering Sea Tanner crab X

BSS - Bering Sea snow crab X X

BBR - Bristol Bay red king crab X X

PIK - Pribilof Islands red and blue king crab X X

SMB - St. Matthew blue king crab X X

WAI - Western Aleutian Islands red king crab X

The North Region would include all CPO QS sectors based on the total legal percentage of the legal landings made by landings made in that crab fishery North landings during the qualifying years that a person applying to receive QS without of a line at 56°20′ N. latitude in the resulted in the issuance of LLP licenses having to adjust the relative percentage Bering Sea subarea of the EEZ. The or that were made under the authority of all other applicants if additional South Region would include all of an LLP license. The official record for applications are approved after appeal. landings made in the EEZ south of that the CVC and CPC QS sectors would be The harvest denominator would remain line. The West Region would apply only based on the total legal landings made fixed for all applicants. One harvest to the Western Aleutian Islands golden under the authority of State of Alaska denominator would be established for king crab fishery. Under this regional Interim Use Permits during the the CVO and CPO QS sectors, and one designation, 50 percent of the CVO QS qualifying years. The official record is for the CVC and CPC QS sectors because issued in the fishery would be presumed to be correct unless an the number of qualifying years used designated as West Region and would applicant provides information differ. be limited for delivery West of a line at indicating a correction is necessary. Computation of initial issuance of 174° W. longitude. Undesignated QS The computation process for CVO and CVO and CPO QS. In order to facilitate may be delivered in any region. CPO QS and the computation process understanding of the computation, a for CVC and CPC are the same. The hypothetical example is used to Calculation of QS Issuance process for determining initial illustrate the process. This example The amount of QS that would initially allocation of CVO and CPO QS is does not use data or persons from be issued to any one person would be detailed first. The following steps would existing crab fisheries and is intended based on the amount of legal landings be used to calculate QS for an applicant. for illustrative purposes only. In our made by that person as a percentage of Establish harvest denominator. The example, there are only two participants the total legal landings made by all official crab rationalization record in the fishery, LLP A and LLP B, each persons eligible to receive QS. NMFS would result in a harvest denominator with different landing patterns. The would build the official crab for all LLP licenses that would be used total legal landings, the region in which rationalization record, which would in calculating QS. The harvest those landings were made, the amount contain the total legal landings for each denominator represents the total legal of the landings harvested on board the fishery based on the best available landings made in each year for each vessel and processed at-sea, and the information using the State of Alaska crab fishery. computation process using two LLPs (A fish ticket database. The official record The use of a harvest denominator and B) are described in the following would be established for the CVO and allows NMFS to calculate the relative table:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63209

TABLE 4—HYPOTHETICAL CRAB FISHERY – BEST 3 OF 4 YEARS USED – CALCULATION OF CATCHER VESSEL OWNER (CVO) AND CATCHER PROCESSOR CREW (CPO) QUOTA SHARE (QS) INITIAL ISSUANCE FOR LLPS

Total of Years Year 1 Year 2 Year 3 Year 4 Used

1. Harvest Denominator in Fishery (Legal Land- 1,000 lb 500 lb 3,000 lb 1,333 lb 5,833 lb ings)

2. Total Legal Landings of LLP A 500 lb 200 lb 1,000 lb 1,000 lb 2,700 lb

3. Percentage of Harvest Denominator for LLP A 50 % (Used) 40 % (Used) 33.3 % 75 % (Used) 55.0 % (year used)

(3A) Total Landings Landed Onshore for LLP A 500 100 500 200 800 lb

(3B) Total Landings Processed At-sea for LLP A 0 100 500 800 900 lb

(3C) Percentage of Landings Landed on Shore for LLP A = (800 / (800 + 900)) = 47.06 %

(3D) Percentage of Landings Processed At-sea for LLP A = (900 / (800 + 900)) = 52.94 %

(3E) Total Onshore Landings in the North Re- 500 100 0 200 800 lb gion for LLP A

(3F) Total Onshore Landings in the South Re- 00500 00 lb gion for LLP A

(3G) Percentage of Landings in the North Region for LLP A = (800 / (800 + 0)) = 100 %

(3H) Percentage of Landings in the South Region for LLP A = (0/ (800 + 0)) = 0 %

4. Total Legal Landings of LLP B 500 lb 300 lb 2,000 lb 333 lb 3,800 lb

5. Percentage of Harvest Denominator for LLP B 50 % (Used) 60 % (Used) 66.6 % (Used) 25 % 58.9 %

(5A) Total Landings Landed Onshore for LLP B 500 300 1,500 200 2,300 lb

(5B) Total Landings Processed At-sea for LLP B 0 0 500 800 500 lb

(5C) Percentage of Landings Landed on Shore for LLP B = (2,300 / (2,300 + 500)) = 82.14 %

(5D) Percentage of Landings Processed At-sea for LLP B = (500 / (2,300 + 500)) = 17.86 %

(5E) Total Onshore Landings in the North Re- 500 300 500 0 1,300 lb gion for LLP B

(5F) Total Onshore Landings in the South Re- 0 0 1,000 200 1,000 lb gion for LLP B

(5G) Percentage of Landings in the North Region for LLP B = (1,300 / (1,300 + 1,000)) = 56.52 %

(5H) Percentage of Landings in the South Region for LLP B = (1,000 / (1,300 + 1,000)) = 43.48 %

6. Sum of Total Percentages of Harvest Denominators for All LLPs = LLP A 55 (Line 3) + LLP B 58.9 (Line 5) = 113.9 %

7. Percentage of the Sum of the Percentage of the Harvest Denominator for LLP A = (0.550/1.139) = 0.4829 or 48.29 %

8. Percentage of the Sum of the Percentage of the Harvest Denominator for LLP B = (0.589/1.139) = 0.5171 or 51.71 %

9. Initial QS Pool = 9,000 Units

10. Unadjusted Initial QS Allocation for LLP A = 48.29 % × 9,000 = 4,346 QS Units

11. Unadjusted Initial QS Allocation for LLP B = 51.71 % × 9,000 = 4,654 Units

12. Initial QS Allocation for LLP A = 4,346 QS Units × (0.97) = 4,216 QS Units

13. Initial QS Allocation for LLP B = 4,654 QS Units × (0.97) = 4,514 QS Units

14. Percentage of LLP A QS Allocation as CVO QS = 4,216 × 0.4706 (Line 3C) = 1,984 CVO QS Units

15. Percentage of LLP A QS Allocation as CPO QS = 4,216 × 0.5294 (Line 3D) = 2,232 CPO QS Units

16. Percentage of LLP B QS Allocation as CVO QS = 4,514 × 0.8214(Line 5C) = 3,708 CVO QS Units

17. Percentage of LLP B QS Allocation as CPO QS = 4,514 × 0.1786 (Line 5D) = 806 CPO QS Units

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63210 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

Determine the total legal landings for italicized years noted as ‘‘(Used)’’ in total is the percentage of the sum of the each applicant. First, NMFS would sum Line 3 of Table 4. For LLP B, this harvest denominators for each LLP the total legal landings for each LLP corresponds to Line 5. If a person has license. This computation is shown in license, in each of the crab fisheries for insufficient years of landings, one or Line 7 for LLP A and in Line 8 for LLP which the LLP is endorsed, for each of more ‘‘0 lb’’ years would be ‘‘(Used).’’ B in Table 4. the qualifying years. If there were no Sum the percentages of the harvest Multiply the percentage of the sum of legal landings in a qualifying year, then denominator for each LLP license. The the percentages of the harvest the amount would be zero for that year. next step is to sum the percentages for denominator by the initial QS pool. The If a person is applying to receive QS the years used for each LLP license held amounts calculated in Lines 7 and 8 are using multiple licenses, the total legal by the applicant. Then, that amount is multiplied by the Initial QS Pool; in our landings would be summed for each divided by the total number of years example 9,000 QS Units. In the crab license separately. In our hypothetical used for that crab fishery. In our fisheries, NMFS would establish an example this corresponds to Line 2 in hypothetical example, for LLP A, this initial QS pool as a fixed amount. This Table 4 for LLP A and Line 4 for LLP would be the sum of the italicized fixed initial QS pool would be used to B. percentages in Line 3 of Table 4 divided initially distribute QS to recipients. If Determine the percentage of the by three, or (50 percent + 40 percent + appeals are adjudicated, then additional harvest denominator in each year. 75 percent)/3 = 55.0 percent. The same QS may be added to the QS pool, but NMFS would divide the total legal computation is provided for LLP B in the process for determining how much landings for that person by the harvest Line 5 of Table 4, and is equal to 58.9 QS a person would receive would be denominator for each year. This yields percent. established using the same procedure the percentage of the harvest Sum the average percent of the detailed in our example. denominator. For LLP A, this harvest denominator. In our example, Establish the initial QS and PQS corresponds to Line 3 in Table 4. For the percentage of the harvest pools. The initial QS pool that would be LLP B, this corresponds to Line 5. denominator is 55.0 percent (for LLP A) established in each of the eight crab Determine the qualifying years to be and 58.9 percent (for LLP B). The sum fisheries is an amount large enough so used. Most of the crab fisheries have a of the percentages of all LLP licenses is that, on initial issuance, a single unit of ‘‘best of’’ provision in which only a 113.9 percent. This computation is QS would yield an annual amount of select number of the qualifying years are shown in Line 6 of Table 4. The reason IFQ less than the average weight of one actually used in the QS computation. that the amount is greater than 100 crab. To achieve this, the initial QS pool NMFS would determine which years are percent is that NMFS uses the best years for the eight crab QS fisheries would be used for each initial QS allocation by of each LLP license to determine the set at an amount of units equal to three determining the years that represent the percentage of the harvest denominator times the highest historical fishery highest percentage of the harvest that the landings represent. harvest rounded to the nearest denominator. In our hypothetical Divide each LLP license’s percentage 10,000,000 units. The Initial PQS pools example, 3 of the 4 years representing by the sum of the percentages of the are set at the same level as the initial QS the greatest percentage of the harvest harvest denominator. In order to pools for ease of computation and to denominator in each year would be properly scale the landings so each LLP ensure that a single unit of PQS would used. This method ensures that a person license is receiving a percentage of the yield an annual amount of IPQ less than applying to receive QS would receive a harvest denominator, each LLP license’s the average weight of one crab. The QS allocation based on the highest percentage of the harvest denominator Initial QS pools for all the crab fisheries percentage of the total landings in each must be divided by the sum of all using this method are shown in the year. For LLP A, this corresponds to the percentages for all LLP licenses. This following table:

TABLE 5—INITIAL QS AND PQS POOL FOR EACH CRAB FISHERY

Initial QS Pool Initial PQS Pool

EAG - Eastern Aleutian Islands golden king crab 10,000,000 10,000,000

WAG - Western Aleutian Islands golden king crab 40,000,000 40,000,000

BST - Bering Sea Tanner crab 200,000,000 200,000,000

BSS - Bering Sea Snow Crab 1,000,000,000 1,000,000,000

BBR - Bristol Bay red king crab 400,000,000 400,000,000

PIK - Pribilof Islands red and blue king crab 30,000,000 30,000,000

SMB - St. Matthew blue king crab 30,000,000 30,000,000

WAI - Western Aleutian Islands red king crab 60,000,000 60,000,000

The initial QS pools would be used sectors in any one fishery would be 3 CVC and CPC QS sectors. The for all four QS sectors. The amount of percent of the initial QS pools. NMFS calculation showing the unadjusted QS initially issued as CVO and CPO QS would implement this provision by allocation for LLP A is shown in Line sectors would be 97 percent of the total multiplying the amount of QS initially 10 of Table 4, and the adjusted amount amount of QS, and the amount of QS issued by either 97 percent for the CVO for the CVO and CPO QS sectors is initially issued to the CVC and CPC QS and CPO QS sectors, or 3 percent for the shown in Line 12. The same

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63211

calculations for LLP B are shown in hypothetical fishery example. As shown The second sunken vessel provision Lines 11 and 13. in Lines 3E and 3F, the amount of would apply under circumstances in Determine the amount of QS issued as landings that occurred in each region which a person applying to receive an CVO or CPO QS. The amount of QS are shown in italics. Note the landings initial issuance of QS: (1) was denied a issued as CVO QS to each LLP license processed at-sea are not assigned to a request to replace the vessel under the holder would be equal to the percentage region. As shown in the calculations provisions of Public Law 106-554 of landings delivered unprocessed, to a Line 3G and 3H, 100 percent of the (Consolidated Appropriations Act of shorebased or stationary floating onshore landings subject to regional 2001); (2) replaced the vessel with a processor. In our hypothetical example, designation for the years used were in newly constructed vessel that began the onshore landings made by LLP A in the North region. construction by June 10, 2002; and (3) each year are shown in Line 3A of Table LLP license holders with landings in participated in any Bering Sea crab 4. The landings processed at-sea in each more than one region. If an LLP license fishery by October 31, 2002, with the year are shown in Line 3B. The holder received QS based on landings replacement vessel. A newly italicized numbers are the years used in made in more than one region, then a constructed vessel would be defined as the initial QS calculations because they one-time additional adjustment in the one the keel of which was laid by June represent the years with the highest designation of the QS would be required 10, 2002. This provision is intended to percentage of the total harvest to account for the issuance of PQS so accommodate a specific circumstance in denominator the best years for that LLP the amount of QS issued in a region is which a person delayed construction of license. The total shown in the last equal to the amount of PQS in that a vessel based on Public Law 106-554. column of Line 3A and Line 3B is the region. In our hypothetical example, Public Law 106-554 was in effect for total of onshore landings for the best LLP B has qualified landings that would less than a year during late 2000 and years only. In this case, Year 3 is not result in QS for both the North and the part of 2001. Although the law was in used for LLP A. In order to calculate the South Region. Before that QS could be effect for less than a year, it may have percentage of QS that would be issued issued, the relative distribution of PQS hindered the ability of a vessel owner to as CVO QS for LLP A, NMFS would would need to be determined. The replace a vessel to participate in crab determine the percentage of the initial issuance of QS for LLP B in the fisheries and to make qualifying landings that were landed on shore for hypothetical example will be explained landings. This provision would allow a each LLP license applying to receive after the processing sector initial person to receive QS equal to 50 percent QS. In our example, for LLP A, the allocation has been discussed. of the average of the years unaffected by percentage of landings delivered Other Provisions of Initial QS Issuance the sinking. onshore is calculated in Line 3C. The For both of these provisions, the percentage calculated in Line 3C is then Additional provisions would pertain calculation methods for determining the multiplied by the amount of QS initially to the issuance of QS: two provisions for actual amount of QS issued would issued to LLP A, which is shown in Line determining QS issuance to vessels that follow the same methods shown earlier. 12. This calculation is provided in Line sank, and a provision to allow a person The adjustment for sunken vessels 14 for LLP A. The amount of QS issued to receive QS for landings made by a would be made when determining the as CVO QS for LLP B is determined by vessel not used to qualify for a amount of landings that would be using the same methodology. Lines 5A, permanent, fully transferable LLP attributed to the LLP license used on 5B, 5C, and Line 16 show the same license endorsed for that fishery. board a vessel. calculation for LLP B. Only landings Sunken vessels. Two provisions Interim LLP license history that were processed at-sea and that gave would apply to vessels that have sunk. exemption. A key component of this rise to an LLP license endorsed for CP First, a person would receive 50 percent program is that QS is awarded based on activity would be allocated CPO QS. of their average legal landings for the the legal landing made on a vessel that qualifying years unaffected by the qualified for a permanent, fully Determination of Regional Designation sinking after the time of sinking until transferable LLP license. The Council Regional designation applies to most that vessel was replaced under the recommended a limited provision that of the crab fisheries (see Table 3 for provisions established for vessel would allow a person to apply to regional designations). Regional replacement under the LLP, at 50 CFR receive QS based on legal landings that designation does not apply to QS 679.4(k)(5)(v). This provision would were not used to qualify for a initially issued to the CPO QS sector, apply if a person who owned a vessel permanent, fully transferable LLP but can apply to the CVO QS sector. In that sank, replaced that vessel under the license. Under this provision, a person our example, we assume there are two LLP qualification rules or after who applies to receive QS with an LLP regions in the hypothetical fishery: a satisfying the LLP qualification license endorsed for a fishery could North region and a South region. The requirements. This provision also choose to receive the QS based either on percentage of landings made in each requires the owner of the vessel to the landings made by the vessel that region in each year under LLP A is replace the vessel and begin fishing was used to qualify for that LLP license shown in Lines 3E and 3F. The within a specified time period. As an or on the landings made on another percentages for LLP B are shown in example, if, due to a sinking, a person’s vessel. The intent of this provision is to Lines 5E and 5F. In order to calculate vessel was not operational in two of the allow a vessel owner who had the amount of the CVO QS allocated to four qualifying years, that person would participated in a fishery to use historical each region, several additional steps receive QS equal to 50 percent of the landings as long as a permanent, fully must be taken depending on specific average of the 2 years during which that transferable LLP license was transferred conditions applicable to each LLP vessel was operational to be applied for use on that vessel after the qualifying license holder. toward the 2 years the vessel was not period. LLP license holders with landings in operational. This provision allows some An applicant for CVO or CPO QS who only one region. If an LLP license holder compensation to LLP holders for some deployed a vessel in a crab fishery made landings in only one region, then qualifying years in which the LLP under the authority of an interim LLP all of the QS issued would be for that holder was prevented from participating license and later transferred a region. That is the case for LLP A in our due to sinking. permanent, fully transferable LLP

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63212 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

license before January 1, 2002, for use opportunity to allow persons who For illustration purposes, we will in that crab fishery, to insure that the voluntarily transferred LLP licenses to demonstrate the initial issuance using vessel would remain authorized to choose a specific catch history that is the same hypothetical fishery. The participate in the fishery following the severable from the LLP license under issuance process is shown in the invalidation of the interim LLP license, which a person is applying to receive following table (Table 6). As with the may choose to use either: (1) the legal QS. NMFS specifically requests public other example, we will assume there are landings made on the vessel that gave comment on this approach relative to two crewmembers who are qualified to rise to the interim LLP license for that Council objectives (see ADDRESSES). receive an initial issuance of QS. The crab fishery prior to the transfer of the Computation of Initial Issuance of CVC specific calculations are not detailed in permanent, fully transferable LLP and CPC QS this example because they are the same license for use on that vessel; or (2) the as those described under the CVO and legal landings made on the vessel that The method for calculating CVC and gave rise to the permanent, fully CPC QS is essentially the same as the CPO QS example. Note the total transferable LLP license and the legal CPO and CVO QS, with some key landings in Line 1 of Table 6 differ from landings made under the authority of differences. The first difference is that, those in Table 4 (CVO and CPO QS) that LLP license in that crab fishery for these sectors, the harvest because the recency requirements prior to January 1, 2002. This exemption denominator would represent the legal would exclude certain landings and, is meant to address a specific landings made by individuals under the under the CVC and CPC QS circumstance in which a person may authority of a State of Alaska Interim calculations, landings made legally on a have participated in a fishery legally, Use Permit who met the recent vessel would be considered even if but required a permanent, fully participation eligibility requirements. those landings did not result in the transferable LLP license to continue Second, the regional designations would issuance of an LLP license for those participating in the fishery. It is not be noted on the QS, but would not be landings. Additionally, the amount of intended to address transfers of LLP applied to the CVC QS until after July QS issued to the CVC and the CPC QS licenses among persons that are 1, 2008. The regional designations are sectors is shown in Lines 12 and 13. The undertaken for other reasons. NMFS not shown in this example but would be QS issued to these sectors is equal to 3 intends that this provision provide a calculated in the same manner as that percent of the QS pool. limited exemption and not a general used for the CVO and CPO QS.

TABLE 6—HYPOTHETICAL CRAB FISHERY – BEST 3 OF 4 YEARS USED – CALCULATION OF CATCHER VESSEL CREW (CVC) AND CATCHER PROCESSOR CREW (CPC) QUOTA SHARE (QS) INITIAL ISSUANCE FOR STATE OF ALASKA IN- TERIM USE PERMIT HOLDERS

Total for Years Year 1 Year 2 Year 3 Year 4 Used

(1) Harvest Denominator in Fishery (Legal Land- 1,000 lb 200 lb 1,000 lb 1,000 lb 3,200 lb ings)

(2) Total Legal Landings of Crew A 500 lb 20 lb 300 lb 500 lb 1,320 lb

(3) Percentage of Harvest Denominator for Crew 50 % (Used) 10 % 30 % (Used) 50 % (Used) 43.3 % (Used) A

(3A) Total Landings Landed Onshore for Crew A 500 10 200 300 1,000

(3B) Total Landings Processed At-sea for Crew 0 10 100 200 300 A

(3C) Percentage of Landings Landed on Shore for Crew A = (1,000 / (1,000 + 300)) = 76.92 %

(3D) Percentage of Landings Processed At-sea for Crew A = (300 / (1,000 + 300)) = 23.08 %

(4) Total Legal Landings of Crew B 500 lb 180 lb 700 lb 500 lb 1,880 lb

(5) Percentage of Harvest Denominator for Crew 50 % 90 % (Used) 70 % (Used) 50 % (Used) 70 % (Used) B

(5A) Total Landings Landed Onshore for Crew B 500 100 200 500 800

(5B) Total Landings Processed At-sea for Crew 0 80 500 0 580 B

(5C) Percentage of Landings Landed Onshore for Crew B = (800 / (800 + 580)) = 57.97 %

(5D) Percentage of Landings Processed At-sea for Crew B = (580 / (800 + 580)) = 42.03 %

(6) Sum of Percentage of Harvest Denominators for All Crew = Crew A 0.433 (Line 3) + Crew B 0.700 (Line 5) = 1.133 or 113.3 %

(7) Percentage of the Sum of the Percentage of the Harvest Denominator for Crew A = (0.433/1.133) = 0.3822 or 38.22 %

(8) Percentage of the Sum of the Percentage of the Harvest Denominator for Crew B = (0.700/1.133) = 0.6178 or 61.78 %

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63213

TABLE 6—HYPOTHETICAL CRAB FISHERY – BEST 3 OF 4 YEARS USED – CALCULATION OF CATCHER VESSEL CREW (CVC) AND CATCHER PROCESSOR CREW (CPC) QUOTA SHARE (QS) INITIAL ISSUANCE FOR STATE OF ALASKA IN- TERIM USE PERMIT HOLDERS—Continued

Total for Years Year 1 Year 2 Year 3 Year 4 Used

(9) Initial QS Pool = 9,000 Units

(10) Unadjusted Initial QS Allocation for Crew A = 38.22 % × 9,000 = 3,440 QS Units

(11) Unadjusted Initial QS Allocation for Crew B = 61.78 % × 9,000 = 5,560 Units

(12) Initial QS Allocation for Crew A = 3,440 QS Units × (0.03) = 103 QS Units

(13) Initial QS Allocation for Crew B = 5,560 QS Units × (0.03) = 167 QS Units

(14) Percentage of Crew A QS Allocation as CVC QS = 103 × 0.7692 (Line 3C) = 79 CVC QS Units

(15) Percentage of Crew A QS Allocation as CPC QS = 103 × 0.2308 (Line 3D) = 24 CPC QS Units

(16) Percentage of Crew B QS Allocation as CVC QS = 167 × 0.5797 (Line 5C) = 97 CVC QS Units

(17) Percentage of Crew B QS Allocation as CPC QS = 167 × 0.4203 (Line 5D) = 70 CPC QS Units

Under our example, if the QS issued requirement to accommodate long term This provision differs from the to the CVO, CPO, CVC, and CPC QS participants in the fishery who did not requirements established for QS holders sectors is summed, then the total QS participate in 1998 or 1999. An who must either have an LLP license or issued for all of the QS recipients is applicant may receive QS if that person be named on a State of Alaska Interim equal to 9,000 units the initial QS pool had processed Bering Sea snow crab Use Permit in order to apply and receive (sum the total from Lines 14 through 17 during each season from 1988 through QS. There is not a licensing requirement in both Table 4 and Table 6). The initial 1997 and invested at least $1,000,000 in that allows for the tracking of processing QS pool would be issued to all processing equipment and facilities history to specific persons. State of successful applicants. Additional QS during the period from January 1, 1995, Alaska revenue codes, port codes, and would be issued to applicants who have through June 10, 2002. NMFS has other identifying elements do not a successful appeal of an initially interpreted this requirement to apply necessarily establish the identity of a denied application. However, it is the from the period of January 1, 1995, processor. Additionally, the Council initial QS pool that would be used to through June 10, 2002, the time of final recognized that custom processing, in determine the caps that apply to QS use. Council action on this provision. This which one firm paid another to process Those caps are discussed below. would limit the ability of additional crab at a specific facility, or allowed the Processor Quota Share Allocation persons to claim eligibility under this lease of its facility, did occur and provision. The date of final Council permitted those crab buyers to claim A processing privilege, analogous to legal processing history and the rights to action would provide a suitable period the harvest privilege allocated to apply for PQS in cases where of time during which to measure fiscal harvesters, would be allocated to documentation indicated that the legal expenditures. processors. Qualified processors would processing that occurred at a facility be allocated PQS in each crab fishery. Under this proposed rule, a person was conducted by someone other than PQS represents an exclusive but who has acquired or retained legal the buyer of the crab at the time. revocable privilege to receive deliveries processing history through transfer by Additionally, the Council’s motion of a specific portion of the annual TAC the express terms of a written contract establishing a qualified person could be from a fishery. that clearly and unambiguously PQS allocations would be based on interpreted to strictly limit the ability to provides that the legal processing apply for and receive PQS only if the processing history during a specified history and rights, may apply for and qualifying period for each fishery. A person who processed crab in 1998 or receive PQS based on that legal processor’s allocation in a fishery would 1999, or Bering Sea snow crab under the processing history. This provision equal its share of all qualified pounds of provisions provided above, applies, would allow for the transfer or retention crab processed in the qualifying period even if the processing facility, history, (i.e., pounds processed by the processor of legal processing history prior to the and other rights have been transferred to divided by a denominator that implementation of this program. This another person. This interpretation represents pounds processed by all provision would apply only if the appears to narrowly limit the Council’s qualified processors). Unlike the QS person applying for PQS either: (1) overall recommendation that PQS and allocation process, PQS is not allocated legally processed any crab during 1998 IPQ are access rights that may be using a ‘‘best of’’ years provision. or 1999 as demonstrated on the official acquired by a wide range of persons. A person would be eligible to receive crab rationalization record; or (2) This interpretation of Council intent PQS if they are a: (1) U.S. citizen, provides documentation of a contractual also appears to be consistent with the corporation, or partnership at the time agreement for the transfer or retention of ability to trade legal landings in the of application; and (2) legally processed the legal crab processing history for any CVO and CPO QS sectors prior to the any crab QS species during either 1998 amount of any crab during 1998 or 1999, initial issuance of QS. Legal landings, or 1999. In addition, the Council as demonstrated in the official crab and the right to apply for and receive provided an exemption to this eligibility rationalization record. CVO or CPO QS may be acquired by

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63214 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

persons who purchase the LLP license corporation. Documentation of State of Alaska fish ticket data during and the rights that transfer with that ownership interest in a dissolved the qualifying years. Data from the State LLP license prior to submitting an partnership or corporation, association, of Alaska fish tickets concerning legal application for QS. This provision or other entity would be limited to processing of crab would be presumed would require that if legal processing corporate documents (e.g., articles of to be correct unless other history has been transferred and incorporation) or notarized statements documentation is provided by the retained that the basic qualification for signed by each former partner, applicant. However, allocations can be eligibility established by the Council, shareholder or director, and specifying made to a buyer not recorded on a fish processing of any BSAI crab species in their proportions of interest. These ticket if the applicant can demonstrate 1998 or 1999, must still be met. requirements are similar to those used that the entity that should receive an In addition, these regulations would in the halibut and sablefish IFQ Program allocation is someone other than the establish that if a person applies to to establish who may apply to receive entity named on the fish ticket. Proof of receive PQS, that person or that person’s QS under the Program. The provisions this eligibility can include data from the successor-in-interest must exist at the in this proposed rule require that the State of Alaska Commercial Operators time of application for PQS. A former person who received the crab and Annual Report, fish tax records, or other partner of a dissolved partnership or a processed that crab, or their documentation of direct payments to former shareholder of a dissolved successor-in-intererst, is a person who is fishermen. This provision is intended to corporation who would otherwise eligible to receive PQS. address the custom processing qualify as a person may apply for PQS The amount of PQS allocated to a arrangements. The following table in proportion to his or her ownership person would be based on a record of establishes the eligibility and qualifying interest in the dissolved partnership or receiving and processing crab based on years for receiving PQS.

TABLE 7—PQS ELIGIBILITY AND QUALIFYING YEARS

Qualifying Year Periods for De- Eligible Person to Receive PQS Crab Fisheries termining PQS Allocation

The person who legally processed the crab during the qualifying years Eastern Aleutian Island golden 4 years of the 4-year base pe- and; king crab (EAG) riod beginning on: (1) September 1, 1996, through (1) is a US Citizen, corporation, or partnership; and December 25, 1996; (2) September 1, 1997, though (2) processed crab in 1998 or 1999; or November 24, 1997; (3) September 1, 1998, through (3) processed Bering Sea snow crab during 1988 through 1997 and in- November 7, 1998; vested at least $1,000,000 in processing equipment and facilities during (4) September 1, 1999, through the period from January 1, 1995, through June 10, 2002. October 25, 1999.

Western Aleutian Island golden 4 years of the 4-year base pe- king crab (WAG) riod beginning on: (1) September 1, 1996, through August 31, 1997; (2) September 1, 1997, though August 31, 1998; (3) September 1, 1998, through August 31, 1999; (4) September 1, 1999, through August 14, 2000.

Bering Sea Tanner crab (BST) Equivalent to 50 percent of the total legally processed crab in the Bering Sea C. opilio fishery during the qualifying years es- tablished for the QS fishery; and 50 percent of the totally legally processed crab in the Bristol Bay red king crab fishery during the qualifying years established for that crab QS fishery.

Bering Sea snow crab (BSS) 3 years of the 3-year period be- ginning on: (1) January 15, 1997, through March 21, 1997; (2) January 15, 1998, through March 21, 1998; and (3) January 15, 1999, through March 22, 1999.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63215

TABLE 7—PQS ELIGIBILITY AND QUALIFYING YEARS—Continued

Qualifying Year Periods for De- Eligible Person to Receive PQS Crab Fisheries termining PQS Allocation

Bristol Bay red king crab (BBR) 3 years of the 3-year QS base period beginning on: (1) November 1, 1997, through November 5, 1997; (2) November 1, 1998, through November 6, 1998; and (3) October 15, 1999, through October 20, 1999.

Pribilof Islands red and blue 3 years of the 3-year period be- king crab (PIK) ginning on: (1) September 15, 1996, through September 26, 1996; (2) September 15, 1997, through September 29, 1997; and (3) September 15, 1998, through September 28, 1998.

St. Matthew blue king crab 3 years of the 3-year period be- (SMB) ginning on: (1) September 15, 1996, through September 23, 1996; (2) September 15, 1997, through September 22, 1997; and (3) September 15, 1998, through September 26, 1998.

Western Aleutian Islands red Equivalent to the total legally king crab (WAI) processed crab in the Western Aleutian Islands golden king crab fishery during the quali- fying years established for that crab QS fishery.

In the Bering Sea Tanner crab fishery, steps would be used to calculate PQS the table. Note this hypothetical fishery the issuance of PQS would be based on for an applicant. also assumes all applicable years are the processing history in the Bering Sea NMFS would build the official crab used to determine an initial issuance of snow crab fishery. The Bering Sea rationalization record, which would PQS. As with all crab fisheries, the years Tanner crab fishery has not been open contain the total legal processing for all used for selecting processing history in recent years and, in the past, both of the crab fisheries based on the best differ from those used to determine legal Bering Sea snow crab and Bering Sea available information by using the State landings for allocating QS. Because all Tanner crab were harvested together. In of Alaska fish ticket database. The years are used, the total processing the Western Aleutian Islands red king official record is presumed to be correct denominator is not divided by the sum crab, the issuance of PQS would be unless an applicant provides of the percentage of the processing based on the processing history in the information that indicates a correction denominator of all persons receiving Western Aleutian golden king crab is necessary. The total legal processing PQS. amount is the total processing fishery. This provision recognizes the The percentage of the TPD for each fact there has been limited processing in denominator (TPD). In order to clearly explain the person is multiplied by the initial PQS these fisheries in recent years and much computation, the hypothetical example pool, although the initial PQS pool does of the participation is sporadic and used previously for the QS issuance is not need to be set at the same number conducted by processing entities who repeated here. This example does not as the initial QS pool. NMFS would set have also been involved in the Western use data or persons from existing crab both pools at the same number for each Aleutian Islands red king crab fishery. fisheries and is intended for illustrative crab fishery to facilitate ease of Computation of Initial Issuance of PQS purposes only. In our example, there are computation for use limitations. In our only two processors in the fishery: hypothetical example, this means there The amount of PQS that would Processor A and Processor B, each with would be an initial QS pool of 9,000 initially be issued to any one person different landings patterns. The total units and an initial PQS pool of 9,000 would be based on the amount of legal legal processing, the region in which units. Although the amount of IFQ a processing by the person as a percentage that processing occurred, and the unit of QS yields and the amount of IPQ of a denominator that represents the amount of the processing are shown in a unit of PQS may yield would differ, total legal processing by all persons Table 8. The computation process using the initial pools of quota would be the eligible to receive PQS. The following two processors (A and B) is described in same. See the following table for details:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63216 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

TABLE 8—HYPOTHETICAL CRAB FISHERY – FOUR YEARS USED – CALCULATION OF PQS INITIAL ISSUANCE

Year 1 Year 2 Year 3 Year 4 Total

(1) Total Processing Denominator in Fishery 1,800 lb 400 lb 1,000 lb 1,000 lb 4,200 lb (Legal Processing)

(2) Total Legal Processing of Processor A 600 lb 200 lb 300 lb 500 lb 1,600 lb

(3) Percentage of Total Harvest Denominator for 33.3 % (Used) 50 % (Used) 30 % (Used) 50 % (Used) 40.8 % (Used) Processor A

(3A) Total Landings in the North Region for 100 0 100 200 400 Processor A

(3B) Total Landings in the South Region for 500 200 200 300 1,200 Processor A

(3C) Percentage of Processing in the North Region for Processor A = (400 / (400 + 1,200)) = 25.00 %

(3D) Percentage of Processing in the South Region for Processor A = (1,200 / (400 + 1,200)) = 75.00 %

(4) Total Legal Processing of Processor B 1,200 lb 200 lb 700 lb 500 lb 2,600 lb

(5) Percentage of Total Processing Denominator 66.7 % (Used) 50 % (Used) 70 % (Used) 50 % (Used) 59.2 % for Processor B

(5A) Total Processing in the North Region for 900 100 500 0 1,500 Processor A

(5B) Total Landings in the South Region for 300 100 200 500 1,100 Processor B

(5C) Percentage of Processing in the North Region for Processor B = (1,500 / (1,500 + 1,100)) = 57.69 %

(5D) Percentage of Processing in the South Region for Processor B = (1,100 / (1,500 + 1,100)) = 42.31 %

(6) Sum of Percentage of Total Processing Denominators for All Processors = Processor A 0.408 (Line 3) + Processor B 0.592 (Line 5) = 1.00 or 100 %—NO SCALING FACTOR REQUIRED

(7) Initial PQS Pool = 9,000 Units

(8) Initial PQS Allocation for Processor A = 9,000 PQS Units × 0.408 (Line 3) = 3,672 PQS Units

(9) Initial PQS Allocation for Processor B = 9,000 PQS Units × 0.592 (Line 5) = 5,328 PQS Units

(10) Percentage of Processor A PQS allocation as North Region PQS = 3,672 × 0.2500 (Line 3C) = 918 PQS Units

(11) Percentage of Processor A PQS allocation as South Region PQS = 3,672 × 0.7500 (Line 3D) = 2,754 PQS Units

(12) Percentage of Processor B PQS allocation as North Region PQS = 5,328 × 0.5769 (Line 5C) = 3,074 PQS Units

(13) Percentage of Processor A PQS allocation as South Region PQS = 5,328 × 0.4231 (Line 5D) = 2,254 PQS Units

Regional Designations of PQS of QS would be adjusted so that the This adjustment process would be regional designations for QS would made prior to the issuance of the QS PQS is issued with the same regional match the regional designations for PQS and PQS. The ratio between the regions designations as those of QS as described in each crab fishery. The adjustment should be the same even if the number in Table 3. would be made to the QS issued of QS units differs. Using our Regional Adjustment for North and because the processing facilities are hypothetical fishery example, we South Designations. North and South typically fixed shorebased plants. The illustrate this process by showing how PQS regional designation is based on adjustments to establish the same each LLP license holder’s QS allocation the location of the legal processing that regional designation ratios is necessary would be adjusted at initial allocation. is used as the basis for PQS allocation, to ensure matches in the amounts of IPQ Drawing on information from Table 4 as shown in Table 8. Once PQS is issued and IFQ that are harvested and and Table 6, the calculation is shown in with regional designation, the issuance delivered in any one region. the following table: TABLE 9—ADJUSTMENT FOR NORTH AND SOUTH REGIONAL DESIGNATION FOR QS

(1) Percentage of Landings in the North Region for LLP A = 100 % (Line 3G of Table 4) of 1,984 QS Units (Line 14 of Table 4) = 1,984 QS Units

(2) Percentage of Landings in the South Region for LLP A = 0 % (Line 3H of Table 4) of 1,984 QS Units (Line 14 of Table 4) = 0 QS Units

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63217

TABLE 9—ADJUSTMENT FOR NORTH AND SOUTH REGIONAL DESIGNATION FOR QS—Continued (3) Percentage of Landings in the North Region for LLP B = 56.52 % (Line 5G of Table 4) of 3,708 QS Units (Line 16 of Table 4) = 2,096 QS Units

(4) Percentage of Landings in the South Region for LLP B = 43.48 % (Line 5H of Table 4) of 3,708 QS Units (Line 16 of Table 4) = 1,612 QS Units

(5) Total QS (Sum of Lines 1-4) = 5,692 Units

(6) Total QS in North Region (Sum Lines 1 and 3) = 4,080 Units

(7) Total QS in South Region (Sum Lines 2 and 4) = 1,612 Units

(8) Percentage of North QS to South QS = 4,080/5,692 = 71.68 % North 1,612/5,692 = 28.32 % South

(9) QS issued as North Region only = 1,984 Units (Line 1)

(10) QS as both North and South Region = (Line 5 ¥ Line 1) = 3,708 Units

(11) Percentage of Processing in the North Region for Processor A = 25.00 % (Line 3C of Table 8) of 3,672 Units (Line 8 of Table 8) = 918 Units

(12) Percentage of Processing in the South Region for Processor A = 75.00 % (Line 3D of Table 8) of 3,672 Units (Line 8 of Table 8) = 2,754 Units

(13) Percentage of Processing in the North Region for Processor B = 57.69 % (Line 5C of Table 8) of 5,328 Units (Line 9 of Table 8) = 3,074 Units

(14) Percentage of Processing in the South Region for Processor B = 42.31 % (Line 5D of Table 8) of 5,328 Units (Line 9 of Table 8) = 2,254 Units

(15) Total PQS in North Region = 3,992 Units (Sum of Line 11 and 13)

(16) Total PQS in South Region = 5,008 Units (Sum of Line 12 and 14)

(17) Ratio of North PQS : South PQS = 44.36% North, 55.64 % South

Calculations: (a) QS North Region = Total QS 5,692 (Line 5) x 44.38% (Line 17) = 2,525 Units

(b) QS South Region = Total QS 5,692 (Line 5) × 55.64 % (Line 17) = 3,167 Units

(c) QS North Region for all persons holding North Region and South Region QS = QS North Region ¥ North Region only QS 2,525 Units ¥ 1,984 (Line 9) Units = 541 Units

(d) QS South Region for all persons holding North Region and South Region QS = QS South Region ¥ South Region only QS 3,167 Units ¥ 0 Units = 3,167 Units

(e) North Region QS issued to LLP A = 1,984 QS Units

(f) North Region QS issued to LLP B = Total QS held by LLP B (3,708) × 541 Units/3,708 Units = 541 North Region QS Units

(g) South Region QS issued to LLP B = Total QS held by LLP B (3,708) ¥ 541 North Region QS Units = 3,167 South Region QS Units

In this example, only one of the LLP (2) Multiply Initial QS pool by the and South QS holders. This yields the license holders holds QS that would ratio of North and South PQS. This regional adjustment factor (RAF) for require adjustment. Although CVC QS is would yield the target North QS pool each person. not subject to regional delivery and the target South QS pool. (9) For each person who holds both requirements until after July 1, 2008, (3) Sum the QS for all persons who North and South Region QS, the QS NMFS would compute the amount of are eligible to receive North QS. This is adjustment (QS Adj. p) to that person’s QS designated for each region prior to the unadjusted North QS pool. Unadjusted North QS is expressed in the issuance of the CVC QS. This would (4) Repeat the procedure for the South the following equation as: allow a holder of CVC QS to know the Region. This is the unadjusted South QS QS adj. p = Unadjusted North QS p × RAF regional designation of the QS prior to pool. (10) If the QS adjustment for a person (5) Subtract the amount of QS for the application of that designation. The is negative, the QS adjustment for that persons receiving North QS only from ratio of North and South regional person is subtracted from that person’s the unadjusted North QS pool to designation would be the same for both unadjusted North QS amount and added calculate the amount of North QS the CVO and CVC QS. to that person’s unadjusted South QS. If available to all persons holding both The adjustment for regional the QS adjustment for a person is North and South region QS. designation would need to occur once (6) Subtract the amount of QS for positive, the QS adjustment for that appeals are decided and those persons receiving South QS only from person is added to that person’s readjustments in regional designation the unadjusted South QS pool to unadjusted North QS amount and would be made prior to fishing to calculate the amount of South QS subtracted from that person’s minimize disruptions in the fishery. A available to all persons holding both unadjusted South QS. These person who would receive QS with North and South region QS. adjustments would yield the regional more than one regional designation for (7) Subtract the Unadjusted North QS amount of QS for that person. that crab fishery would have his or her pool from the Target North QS pool to Regional Adjustment in the Western QS holdings regionally adjusted on a calculate the number of QS units that Aleutian Islands Golden King Crab pro rata basis according to the following would be applied to the North QS pool Fishery. The PQS issued would need to process: to adjust the regional designations. This be adjusted so that 50 percent of the (1) Determine the ratio of the initial amount is the Adjustment Amount. PQS is designated as West region, and PQS pool in the North and South (8) Divide the Adjustment Amount by 50 percent is undesignated. However, regions. the unadjusted North QS pool for North the process for regionally allocating PQS

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63218 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

in the Western Aleutian Islands golden if a person received QS based on Initial Issuance of Crab QS and PQS king crab fishery differs slightly from landings made both east and west of the ° In order to receive an initial allocation the North and South PQS regional 174 W. longitude line, then, that QS of QS or PQS, an eligible person would designation, which is based on the would be issued such that a portion of need to submit an Application for Crab location of the legal processing. Fifty the QS would be issued as QS or PQS. The application would be percent of the PQS that would be issued ‘‘Undesignated’’ and a portion as sent to the last known address of a in the Western Aleutian Islands golden ‘‘West’’ so that all of the QS issued in person identified as an eligible king crab fishery would be issued with the Western Aleutian Islands golden applicant by the official crab a West designation. The West king crab fishery are issued with a 50 rationalization record and would be designation applies to PQS for percent West and a 50 percent ° available on the NMFS Alaska Region processing west of a line at 174 W. Undesignated ratio. Person’s receiving web page at www.fakr.noaa.gov. All long. The remaining 50 percent of the QS with both regional designations applications would have to be PQS issued for this fishery is would have the QS pro-rated so the total submitted by the close of the undesignated region PQS. of all QS is issued initially as 50 percent If a person owns a crab processing application period. The application West and 50 percent Undesignated QS. period would be specified in the facility that is located in the West region The following process would be at the time of application, that person Federal Register at the time of the followed: publication of the Final Rule. would receive West PQS only. If a (1) Sum the QS for all persons who person applies to receive PQS and does Applications could be mailed, faxed, or are eligible to receive West QS. This is hand delivered to the NMFS, Alaska not own a crab processing facility the unadjusted West QS pool; located in the West region at the time of Region (see ADDRESSES). The contents of (2) Sum the QS for all persons who the application vary, depending on the application, then that person would are eligible to receive Undesignated QS. receive West region (West) and type of QS and/or PQS for which a This is the unadjusted Undesignated QS person is applying. If an applicant is Undesignated region (Und.) PQS. pool; Expressed algebraically, for any person applying as the successor-in-interest to (3) Subtract the amount of QS for an eligible applicant, an application (p) allocated both West region PQS and persons receiving West QS only from undesignated region PQS the formula is must also contain valid documentation the unadjusted West QS pool to demonstrating the applicant’s status as as follows: calculate the amount of West QS (1) PQS = PQS × 0.50 a successor-in-interest to that eligible West available to all persons holding both (2) PQSUnd. = PQS × 0.50 applicant. (3) PQSWest for PQSWest & Und. holders = West and Undesignated region QS; An Application for Crab QS or PQS ¥ PQSWest PQSWest only (4) Subtract the amount of QS for would be signed by the applicant or the × (4) PQSWest for Personp = PQSp (PQSWest persons receiving Undesignated QS only individual representing the applicant for PQSWest & Und.) holders/(PQSWest for from the unadjusted Undesignated QS and would contain the necessary PQSWest & Und. holders + PQSUnd) ¥ pool to calculate the amount of information to identify the person (5) PQSUnd. for Personp = PQSp PQSWest Undesignated QS available to all for Personp applying, the basis for applying for QS For purposes of the allocation of PQS persons holding both West and or PQS, any necessary information on in the Western Aleutian Islands golden Undesignated region QS; the vessel or processor, documentation king crab fishery, ownership of a (5) Subtract the Unadjusted West QS of crew participation, contract processing facility is defined as a sole pool from the Target West QS pool to provisions for community ROFR, and proprietor, or a relationship between 2 calculate the number of QS units that any other information deemed necessary or more entities in which a person would be applied to the West QS pool by the Regional Administrator. directly or indirectly owns a 10-percent to adjust the regional designations. This Additional requirements in the or greater interest in the facility. A amount is the Adjustment Amount; Application for Crab QS or PQS exist for processing facility is defined as a (6) Divide the Adjustment Amount by persons applying to receive PQS from shorebased, or stationary floating the unadjusted QS pool for West and legal landings made in an ECC, or in a processor. Catcher/Processors would not Undesignated QS holders. This yields community in the GOA north of a line be considered as ownership of a the regional adjustment factor (RAF) for at 56°20′ N. latitude — a North GOA processing facility operating in the West each person; Community. Prior to the initial issuance region. (7) For each person who holds both of PQS based on legal processing The QS issued to the Western unadjusted West and Undesignated located in an ECC, that person must Aleutian Islands golden king crab Region QS, the QS adjustment to that provide documentation he or she has fishery is adjusted so 50 percent of the person’s Unadjusted West QS is completed a contract with the entity QS issued is West QS, which can be determined by multiplying the representing the ECC that sets out the delivered only to an RCR located west Unadjusted West QS by the RAF; and terms for ROFR for any PQS to be of the 174° W. longitude. The (8) If the QS adjustment for person is transferred in a future sale. In the case adjustment in the initial issuance of QS negative, the QS adjustment for that of a North GOA Community, a ROFR would be made for persons who made person is added to that person’s contract must be signed with the City of landings of Western Aleutian Islands unadjusted West QS amount and Kodiak and the Kodiak Island Borough. golden king crab west and east of 174° subtracted from that person’s The Regional Administrator would W. longitude. unadjusted Undesignated QS. If the QS evaluate Applications for QS and PQS If a person received QS based solely adjustment for a person is positive, the submitted during the specified on landings made east of 174° W. QS adjustment for that person is application period and compare all longitude, all of that QS would be subtracted from that person’s claims in the application with the issued to that person as regionally unadjusted West QS amount and added information in the official crab undesignated QS. If a person received to that person’s unadjusted rationalization record. Claims in the QS based on landings made only west Undesignated QS. These adjustments application consistent with information of 174° W. longitude, all of that QS would yield the regional adjustment in the official record would be accepted would be issued as West QS. However, amounts for that person. by the Regional Administrator.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63219

Inconsistent claims in the application, has been specified by the State of of North QS who are not affiliated with unless verified by documentation, Alaska. The TAC available as IFQ would a PQS or IPQ holder would receive 80 would not be accepted. be the fishery TAC minus the 10 percent percent Class A IFQ and 20 percent If NMFS determines the additional CDQ allocation. For the Western Class B IFQ. The result would be that information or documentation Aleutian Islands golden king crab 10 percent of the total North IFQ in the submitted by the applicant is correct fishery, the 10 Adak allocation would be fishery would be Class B IFQ. The and supports the applicant’s burden of deducted from the TAC prior to absence of an affiliation with a holder proving the inconsistent claims, the allocating the IFQ. All IFQ would be of PQS or IPQ would be established by information would be used to determine issued for a crab fishing year. a harvester filing an annual affidavit whether the applicant is eligible for a QS issued after NMFS has issued stating the use of any IFQ held by that QS or PQS allocation. However, if the annual IFQ would not result in IFQ for harvester is not subject to any control of Regional Administrator determines the that crab fishery for that fishing year. If any holder of PQS or IPQ. additional information or additional actions such as appeals, or Persons who hold CVO IFQ and also documentation does not support the other administrative decisions occur hold PQS or IPQ would receive only applicant’s burden, the applicant would after IFQ has been issued for that Class A IFQ. Persons who hold CVO IFQ be notified through an initial fishery, the person would not receive and are affiliated with a person who administrative determination (IAD), IFQ until the following year. This single holds PQS or IPQ would receive only stating the applicant did not meet the annual issuance is required for Class A IFQ. Affiliation would be burden of proof. administrative purposes so that determined based on two factors: NMFS would specify a 30-day mid-year adjustments to other IFQ ownership and control. IFQ would be evidentiary period during which an holders would not occur that would considered to be held by a processor if applicant may provide additional alter their allocation or the ratio of QS a PQS or IPQ holder directly or information or documentation to to IFQ for that year. indirectly owns at least 10 percent of an support the claims made in his or her The account of the person holding entity who holds or receives IFQ. This application. An applicant would be IPQ would be debited as soon as the 10 percent ownership standard has been limited to one 30-day evidentiary period landings are reported. A person would used in other rationalization programs per application. Additional information be prohibited from harvesting an in the past as a means of measuring or documentation, or a revised amount of crab in excess of the IFQ ownership and comports with the application, received after the 30-day held. Penalties would be imposed for mechanism employed to measure evidentiary period, but before an IAD is any overage in excess of a person’s IFQ. common ownership for purposes of QS issued, would be considered. The IFQ is subject to use provisions use caps. The definition of affiliation NMFS would prepare and send an described later in this preamble. used in this proposed rule is similar to IAD to the applicant following the Descriptions of the types of IFQ that developed for the AFA regulations, expiration of the 30-day evidentiary resulting from each type of QS follow. and is consistent with Council intent. Examples of the affiliation rule period if sufficient documentation is not CVO IFQ provided. The IAD would indicate the follow: First, if a PQS or IPQ holder also deficiencies in the application. The IAD CVO QS yields two separate classes of held QS and received IFQ, that IFQ would also indicate which claims IFQ: Class A IFQ and Class B IFQ. Class would be considered to be affiliated and cannot be approved based on the A IFQ limits the delivery of any crab issued as Class A IFQ; second, if a PQS available information or documentation. harvested with that IFQ to an RCR or IPQ holder owned 50 percent of An applicant who receives an IAD may holding unused IPQ with a specific Corporation A and Corporation A appeal. An applicant who avails himself regional designation. Class B IFQ could owned 50 percent of Corporation B, or herself of the opportunity to appeal be delivered to any RCR, except to an which received IFQ, that IFQ would be an IAD would not receive the QS or PQS RCR that has already used CPO or CPC considered to be affiliated with a being contested. IFQ in that crab fishery during that processor because that PQS or IPQ NMFS would not initiate an IAD in season. Class B IFQ would not be holder indirectly owns 25 percent of the case of an Application for Crab QS regionally designated. Corporation B, which is receiving the or PQS that is complete except for a The Class A/Class B IFQ distinction IFQ; third, if a PQS or IPQ holder signed ROFR contract. This provision would be made only in the annual IFQ owned 20 percent of Corporation C and would accommodate applicants who allocations. QS would be issued in a Corporation C owned 20 percent of have complied with the application single class. Since the Class B IFQ are Corporation D, which received IFQ, that requirements with the exception of a intended to provide negotiating leverage IFQ would not be considered affiliated mutually signed contract which relies to harvesters who are unaffiliated with because the PQS or IPQ older indirectly on agreement of both parties. Once an holders of PQS or IPQ, only QS holders owns only 4 percent of Corporation D; application is submitted with a ROFR who do not also hold PQS or who are therefore, both Class A and Class B IFQ contract, NMFS would allocate PQS to unaffiliated with holders of PQS, would would be issued to Corporation D. that person. receive Class B IFQ. Holders of PQS or Control of IFQ by a PQS or IPQ holder IPQ and their affiliates who hold QS would be measured by linkages between IFQ Issuance would be allocated Class A IFQ for all the PQS or IPQ holder and the IFQ The annual allocations of the TAC, in of their QS holdings. For each region of holder and would serve as a means of pounds, to QS holders are referred to as each fishery, the allocation of Class B effectively extending the ability of the IFQ. IFQ would be issued for each of the IFQ would be 10 percent of the total PQS or IPQ holder to control the four QS sectors. IFQ is a permit that allocation of IFQ. For example, if no deliveries of crab to a specific processor. allows the harvesting of an amount of North QS holders are affiliated with NMFS would interpret control in the TAC for a fishery. As with QS, IFQ PQS or IPQ holders, each IFQ allocation situations in which the person holding would be issued on a fishery-by-fishery would be 90 percent North Class A IFQ PQS or IPQ: Control exists if an and regional basis. and 10 percent Class B IFQ. If half of the individual, corporation, or other IFQ would be issued once the TAC for North QS is held by persons affiliated business entity that holds PQS controls that crab fishery in that crab fishing year with a PQS or IPQ holder, the holders a 10 percent or greater interest in the

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63220 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

IFQ holder. An entity controls a 10 process it on board that same vessel. A complete Annual Application for percent or greater interest in a second Alternatively, the CPO IFQ holder can Crab IFQ/IPQ Permit would include the entity if the first entity: (1) Controls a 10 harvest crab and deliver the crab to a applicant’s identification and contact percent ownership share of the second separate RCR. CPO IFQ is not subject to information, whether the applicant has entity, or (2) Controls 10 percent or regional restrictions while used as CPO joined a crab cooperative, and a more of the voting stock of the second IFQ. completed affidavit of affiliation entity. In addition to this direct form of CVC IFQ declaring any and all affiliations with control, affiliation would also include any PQS or IPQ holder. An affidavit of other means whereby an entity CVC QS yields CVC IFQ. CVC IFQ affiliation would include the applicant’s otherwise controls another entity. would not be subject to regional relationships with IPQ or PQS holders An entity otherwise controls another designation until July 1, 2008. After July that may involve direct or indirect when the first entity has the power to 1, 2008, CVC IFQ would be issued as ownership or control of the delivery of exercise a controlling influence over the Class A and Class B IFQ, subject to the IFQ and any supplemental management or policies of the other same regional designation and documentation deemed necessary by entity, unless such power is solely the affiliation requirements as those NMFS to determine whether an result of an official position with such described under CVO IFQ. affiliation exists. This includes the entity. This definition is drawn from the names of all persons, to the individual Investment Company Act of 1940. This CPC IFQ level, holding an ownership interest in definition is intended to incorporate all CPC QS yields CPC IFQ. As with CPO the entity and the percentage ownership forms of control. Examples of the types IFQ, there are no regional delivery each person holds. The application of control that may be encompassed by requirements, and crab harvested using must also include the submission of an this definition, include the authority to a CPC IFQ can be harvested and EDR, and pay any outstanding fees, if direct the delivery of crab harvested processed on board a vessel, or it can be under an IFQ permit held by the second delivered to another RCR. Unlike CVC required. entity to a specific RCR, or when one IFQ, CPC IFQ would not convert to As with the other permit applications, entity absorbs the majority of costs and Class A and Class B shares annually NMFS would review the application for normal business risks associated with starting July 1, 2008. completeness, payment of any fees the operation of a second entity, required under this program, and other including the costs associated with IPQ Issuance provisions required for permit holders. obtaining and using any amount of the An annual allocation of PQS is QS, PQS, IFQ, or IPQ held by the second referred to as IPQ and expressed in QS/IFQ and PQS/IFQ Transfer entity. pounds of crab. IPQ would be Provisions NMFS would require QS holders to equivalent to the amount of the TAC After the initial allocation of QS and submit an affidavit on an annual basis, that is issued as Class A IFQ for that PQS, these shares and their along with the Annual Application for crab fishery. Processor privileges do not corresponding IFQ and IPQ, may be Crab IFQ/IPQ Permit, to attest to apply to the amount of the TAC whether an affiliation exists between a transferred. All transfers must be allocated as Class B IFQ, or prior to July approved by NMFS. A transfer is any PQS or IPQ holder and the IFQ 1, 2008, allocated for use by the CPO recipient. change in the person holding the QS or and CPC sectors. IPQs would be using the IFQ, permanently or for a The Regional Administrator would regionally designated for processing determine the amount of Class A and fixed period of time. IFQ used by a with the same regional designations that person holding a Crab IFQ Hired Master Class B IFQ that is issued to a QS apply to IFQ. The account of the person holder. This is calculated by allocating Permit issued by NMFS, and the use of holding IPQ would be debited as soon IFQ assigned to a crab harvesting 90 percent of the TAC (TAC a) as Class as the landings are reported. A IFQ. A portion of TAC a is allocated cooperative and used within that to persons eligible to hold only Class A Annual Application for Crab IFQ/IPQ cooperative, are not considered to be IFQ (TAC a only), the remaining TAC Permit transfers of IFQ. (TAC r) is allocated for harvest by a Prior to the issuance of IFQ or IPQ for Eligibility to Transfer Quota person (p) eligible to receive both Class a crab fishery, each person that wishes A IFQ and Class B IFQ. Expressed to receive IFQ or IPQ must submit an Before receiving quota by transfer algebraically, for an individual person Annual Application for Crab IFQ/IPQ quota, a person must establish eligibility (p) eligible to hold both Class A and Permit. This application is necessary for to receive QS, PQS, IFQ, or IPQ by Class B IFQ the annual allocation NMFS to administer several aspects of transfer by submitting a completed formula is as follows: Application for Eligibility to Receive × this program, specifically: (1) to 1. TACa = TAC 0.90 determine the designation of Class A QS/IFQ or PQS/IPQ by Transfer, 2. TAC = TAC ¥ TAC r a a only and Class B IFQ in each crab fishing available on the NMFS Alaska Region 3. IFQap = TACr / (TAC ¥ TACa only) × IFQp 4. IFQbp = IFQp ¥ IFQap year for each person based on the website at http://www.fakr.noaa.gov, or affidavit; (2) to determine whether the from the NMFS Alaska Region (see CPO IFQ applicant would be using the IFQ as ADDRESSES). If a person is an initial CPO QS yields only one class of IFQ, part of a crab harvesting cooperative; issuee of QS, an eligibility application is CPO IFQ. This IFQ allows the harvest and (3) to ensure that an EDR has been not required. To be eligible to receive and processing of an amount of crab. submitted, if required. This application QS, PQS, IFQ, or IPQ by transfer, a The person holding CPO IFQ can choose must be submitted prior to the start of person must first meet the requirements to harvest an amount of crab and the crab fishing year. in the following table:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63221

TABLE 10—ELIGIBILITY REQUIREMENTS TO RECEIVE QUOTA BY TRANSFER

Quota Type Eligible Person Eligibility Requirements

PQS Any person None

IPQ Any person None

CVO or CPO QS A person initially issued QS None

An individual who is a U.S. citizen with at least 150 days of sea time as part of a harvesting crew in any U.S. commercial fishery

A corporation, partnership, or other entity with at least on individual member who is a U.S. citizen and who: (1) owns at least 20 percent of the corporation, partnership, or other entity; and (2) has at least 150 days of sea time as part of a harvesting crew in any U.S. commercial fishery

An ECCO None

A CDQ Group None

CVO or CPO IFQ All persons eligible for CVO or CPO QS Same as the requirements for CVO and CPO QS

A crab harvesting cooperative None

CVC or CPC QS An individual initially issued QS None

An individual who is a U.S. citizen with: (1) at least 150 days of sea time as part of a har- vesting crew in any U.S. commercial fishery; and (2) recent participation in the 365 days prior to the transfer.

CVC or CPC IFQ All persons eligible for CVC or CPC QS Same as the requirements for CVC and CPC QS

A crab harvesting cooperative None

Prior to receiving QS by transfer on hold crab QS on behalf of that or IPQ from an entity that is not an behalf of a specific ECC, a non-profit community at any one time. ECCO or a crab harvesting cooperative; entity that intends to represent that ECC A complete Application to Become an (2) Application for Transfer of Crab QS/ as an ECCO must have approval from ECCO consists of: (1) The articles of IFQ to or from an ECCO. This the Regional Administrator. To receive incorporation under the laws of the application is required to transfer any approval, the non-profit entity seeking State of Alaska for that non-profit entity; amount of QS or IFQ to or from an to become an ECCO must submit a (2) A statement indicating the ECC entity that is an ECCO; or (3) complete Application to Become an represented by that non-profit entity for Application for Inter-cooperative ECCO to NMFS, available on the NMFS purposes of holding QS; (3) Transfer. This application is required to Alaska Region website at http:// Management organization information; transfer any amount of IFQ from a crab www.fakr.noaa.gov, or from the NMFS and (4) A statement describing the harvesting cooperative to another crab Alaska Region (see ADDRESSES). If an procedures that would be used to harvesting cooperative. All of these application is disapproved, then the determine the distribution of IFQ to transfer forms would be available on the determination may be appealed. residents of the community represented NMFS Alaska Region website at http:// by that ECCO. An ECCO is a non-profit organization www.fakr.noaa.gov, or from the NMFS that is authorized to hold QS and lease Transfer Applications Alaska Region (see ADDRESSES). the resulting IFQ to residents of the ECC For the transfer of PQS or IPQ, an Once an eligibility application is on whose behalf it holds the QS. Each submitted, and eligibility to receive QS, application must contain a signature of ECC would have to designate an ECCO PQS, IPQ, or IFQ is established, a a representative of an ECC entity with to transfer and hold QS on its behalf. transfer application must be submitted ROFR. For the transfer of CVC QS or The ECCO would be identified by either to NMFS for the actual transfer of a IFQ or CPC QS or IFQ, individuals must the CDQ group, or the municipality in specific type of quota. There are three submit proof of at least one landing of which the ECC is located, except in forms of transfer applications and the crab in any crab fishery in the 365 days cases where the ECC is also located in application form used would vary prior to submission to NMFS of the a borough. In such case, the depending on the person applying for application. Proof of this landing is municipality and borough must agree to the transfer. The three forms are: (1) either: signature of the applicant on an designate the same non-profit Application for Transfer of Crab QS/IFQ ADF&G Fish Ticket; or an affidavit from organization to serve as the ECCO. Each or PQS/IPQ. This application is required the vessel owner attesting to that ECC may designate only one ECCO to to transfer any amount of QS, PQS, IFQ, individual’s participation as a member

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63222 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

of a fish harvesting crew on board that and (8) Other pertinent information community, including information on vessel at the time of the landing. requested on the application for transfer the IFQ lease holders, crew employed, NMFS would establish the deadline of has been supplied to the satisfaction of criteria used by the ECCO to distribute August 1 by which QS and PQS holder the Regional Administrator. IFQ leases among eligible community must apply for their annual IFQ or IPQ Application for Transfer of Crab QS/ residents, any changes in the permits for that crab fishing year. This IFQ to or from an ECCO. An management structure of the ECCO, and deadline provides NMFS the time Application for Transfer of Crab QS/IFQ copies of decision making documents necessary to calculate whether, and how to or from an ECCO must be approved from ECCO board meetings. In addition, much, of the IFQ issued to a person by the Regional Administrator. This NMFS would request a description of should be designated as Class A or Class application is required for the ECCO to efforts the ECCO has made to ensure B IFQ based on the affidavit of hold the QS and for the individual that that IFQ lessees employ crew members affiliation provided in the application. would use the IFQ to harvest crab. Any who are eligible community residents of NMFS would need to know all transfer of QS from an ECC by the ECCO the ECC aboard vessels on which IFQ affiliation information for all persons to requires authorization of the appropriate derived from QS held by an ECCO is calculate the Class A/B IFQ ratios for governing body of the ECC to ensure being fished. each person accurately. Without this proper oversight. deadline, NMFS would not have In the application, all individuals Inter-cooperative Transfers sufficient information on affiliations applying to receive IFQ by transfer from and could not calculate the Class A/B an ECCO must submit proof of at least A crab harvesting cooperative would ratio for a person. one delivery of crab in any crab fishery be permitted to transfer its IFQ only to This deadline date of August 1 allows in the 365 days prior to submission to another crab harvesting cooperative. NMFS time to issue the IFQ and IPQ for NMFS of the application. Proof of this Crab harvesting cooperatives wishing to the Aleutian Islands golden king crab landing is either: the signature of the engage in an inter-cooperative transfer fishery (which typically begins in mid- applicant on an ADF&G Fish Ticket; or must complete an Application for August) and sufficient time to calculate an affidavit from the vessel owner Inter-cooperative Transfer. and issue the IFQ and IPQ for all the attesting to that individual’s Application for Inter-cooperative other fisheries when the TACs are participation as a member of a fish Transfer. A complete application announced by the State of Alaska (in the harvesting crew on board that vessel consists of the following: (1) the name Fall). Between August 1 and the during that landing. In conjunction with and contact information of the crab issuance of IFQ or IPQ for a crab fishery, the transferee, the ECCO would be a harvesting cooperative transferor and NMFS would not approve any transfers party to the Application for the Transfer transferee; (2) the identification of the of QS, PQS, IFQ, or IPQ. This limit on of QS/IFQ to or from an ECCO. The crab IFQ being transferred, including transfer approval ensures that NMFS ECCO would provide to NMFS an the permit number, year that permit was calculates the Class A/B IFQ ratio based explanation for the transfer of QS/IFQ to issued, and number of pounds being on the affiliation information of all be included in NMFS’ review of the transferred; (3) price paid for the IFQ; persons in the fishery at the same time. community benefits of ECCO’s. (4) whether an EDR was submitted, if Once the IFQ and IPQ is issued, NMFS Included among the reasons for transfer required; (5) whether all fees have been would resume the approval of valid are: facilitation of ECCO management paid; and (6) original notarized transfer applications. For most crab and administration; to finance future QS signatures of both the transferee and fisheries, this would effectively result in purchases by the ECCO; to permit transferor. The approval criteria for an a one month period when NMFS would community residents to fish; or, to Application for Inter-Cooperative not approve transfers. Persons may still facilitate dissolution of the ECCO. A Transfer are the same as those for an submit applications during this time, person receiving IFQ from an ECCO Application for Transfer of Crab QS/IFQ but approval would not occur until must affirm that they have been a or PQS/IPQ. NMFS has issued the IFQ and IPQ for permanent resident in the ECC for a the crab fishery. period of 12 months prior to the Specific Provisions on the Transfer of Approval criteria for an Application submission of the application. CVO and CPO QS and IFQ for Transfer of Crab QS/IFQ or PQS/ ECCO Annual Report for an ECC. In IPQ. An Application for Transfer of Crab addition to the Application to Transfer CVO and CPO QS and the resulting QS/IFQ or PQS/IPQ would not be Crab QS/IFQ to or from an ECCO, the IFQ would be transferrable under the approved until the Regional ECCO must submit an annual report for Program, subject to the caps on the Administrator has determined that: (1) the ECC to NMFS. An ECCO would be amount of shares a person may hold or The person applying to receive the required to submit a complete annual use. Leasing would be defined for quota is eligible to receive it; (2) The report by June 30 of the crab fishing year purposes of this program as the use of application is notarized; (3) All fees for that it is required. If an ECCO did not IFQs on a vessel in which the QS holder this program are paid as well as any submit an annual report for the previous has less than 10 percent ownership fines, civil penalties, or other payments year, NMFS would not approve an interest or on which the QS holder is due and owing, or outstanding permit Application to Transfer Crab QS/IFQ to not present. The general provisions for sanctions, resulting from Federal fishery or from that ECCO. This annual report the leasing of CVO and CPO IFQ (i.e., violations involving either party exist; is similar to the requirement in the the temporary transfer of IFQs without (4) The person applying to receive quota current halibut and sablefish the accompanying QS) would expire on currently exists; (5) The transfer would community purchase program. The July 1, 2010, which is five years after not cause the person applying to receive annual report would ensure that the Program implementation. Leasing the quota to exceed the use limit; (6) ECCO maintains the intent of the ECC among crab harvesting cooperatives The person applying to make or receive QS purchase provisions that the QS and would not expire. The Council’s intent the QS, PQS, IFQ or IPQ transfer has IFQ benefit residents of eligible in allowing leasing to continue through submitted an EDR, if required; (7) In the communities. crab harvesting cooperatives is to create case of the transfer of PQS or IPQ, that The annual report would detail the an incentive for cooperative the provisions for ROFR have been met; use of the QS and IFQ in that membership.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63223

Specific Provision on the Transfer of fishery is exempt because this species not accepted, the open market sale may CVC and CPC QS and IFQ has been and likely would continue to proceed. An exception to the ROFR would CVC or CPC QS would be fully be a concurrent fishery with Bristol Bay allow a company to consolidate transferable to persons determined by red king crab and snow crab. The operations among several commonly NMFS to be eligible to receive this type Western Aleutian Islands golden king crab fishery is exempt because the owned plants to achieve intra-company of QS by transfer. In order to be eligible fishery is regionalized in a manner that efficiencies. In addition, companies to receive CVC/CPC QS and/or IFQ by largely makes ROFR provisions could lease IPQ for use outside a transfer, a person must be an individual unnecessary. Last, the Adak red king community. However, use of more than U.S. citizen with at least 150 days of sea crab fishery was closed for several years 20 percent of a person’s IPQ holdings time as part of a harvesting crew in any limiting community dependence on that outside an ECC during a crab fishing U.S. commercial fishery. Additionally, fishery. year would trigger the ECC’s right of the person must be an ‘‘active To qualify as an ECC, a community first refusal. The time period of a crab participant’’ in the BSAI crab fisheries must have processor history that fishing year to allow for this 20 percent as demonstrated by a landing in a crab accounts for at least 3 percent of the exception differs from the Council’s fishery in the last 365 days. initial allocation of PQS in any crab motion that was based on a time period Documentation of ‘‘active participation’’ fishery. The 3 percent threshold is of ‘‘3 of the preceding 5 years.’’ Under includes an ADF&G fish ticket, an intended to limit the ROFR to the Council’s motion, 5 years potentially affidavit from the vessel owner, or other communities with historical would need to pass before an ECC entity verifiable documentation. dependence on the crab fisheries. Based could determine whether or not to The accompanying CVC or CPC IFQ on the Alaska State fish ticket database, exercise ROFR. This approach would be may also be leased until July 1, 2008. the following nine communities meet inconsistent with the community After July 1, 2008, leasing would be this threshold of historical dependence protection objective of ROFR. Thus, permitted only in the case of a as an ECC: Adak, Akutan, False Pass, St. NMFS proposes to base this 20 percent documented hardship for the term of the George, St. Paul, Dutch Harbor, Kodiak, exception on an annual time period and hardship, subject to a maximum of 2 King Cove, and Port Moller. Adak is not specifically requests public comment on years over a 10 year period. A hardship eligible for ROFR because the Program this approach relative to Council would be considered if there is: (1) a excludes any community that receives a objectives and practicality (see severe medical condition of the QS direct allocation of crab, which Adak ADDRESSES). holder documented by a medical doctor does (see provisions for Adak allocation The designation of a representing who verifies the QS holder cannot within this proposed rule). The entity for non-CDQ ECCs must be participate in the fishery because of the rationale for this provision is that the completed well in advance of the end of medical condition, (2) a medical direct allocation of crab is sufficient to the application period for initial condition involving a person that support Adak’s dependence on the crab issuance of PQS to allow applicants for requires the QS holder’s full-time care fisheries, and any further protection of PQS and ECC entities to develop and of that person, or (3) a total or the community’s interest in the fisheries sign contracts between the ECC entity constructive physical loss of a vessel. is unnecessary. and the applicant for PQS. The Council The QS holder would be required to ECCs would be required to designate suggested ECCs designate the entity to provide documentation to NMFS the an entity to represent it for purposes of represent it for purposes of ROFR at vessel was lost and could not be ROFR. For those ECCs that are also CDQ least 90 days before the end of the replaced in time to participate in the communities (Akutan, False Pass, St. application period for initial issuance of fishery. George, and St. Paul), the entity would PQS. This time frame would provide be the CDQ group of which the processors time to enter a contract that Specific Provisions on the Transfer of community is a member. For non CDQ would establish ROFR. Given the PQS and IPQ communities that are ECCs (Dutch proposed application period is 60 days PQS and the resulting IPQ are fully Harbor, Kodiak, King Cove, and Port and in order to meet a schedule that transferable subject only to use and Moller), the entity would be a person or would allow for issuance of QS for the ownership caps. This allows for the organization designated by the 2005 Fall crab fisheries, NMFS proposes entry of new processors into the fishery. governing bodies of the ECCs. The entity that ECCs designate the entity to The Council did not identify any for an ECC would be designated the represent them within 30 days of the specific eligibility criteria for persons right to intervene on behalf of its publication of the final rule which wishing to obtain PQS or IPQ by communities if a PQS holder proposes implements the Program. This time transfer. However, the Council did to transfer PQS or IPQ outside the frame still would allow a 60-day period establish a ROFR provision that restricts community. for processors to enter into contracts transfers of PQS and IPQ out of a The ROFR provisions attempt to strike prior to submission of their application community. a balance between community and for PQS. An application for PQS would industry interests. Generally, the ROFR not be considered complete until it is Right of First Refusal (ROFR) provides an ECC with the right to accompanied by a valid contract signed The Program contains provisions for a purchase PQ or IPQ from a processor for by the applicant for initial issuance of ROFR to be granted to ECCs, with the the same price and subject to the same PQS and the ECC entity. exception of Adak, for the purchase of conditions as offered by the seller in an To exercise a ROFR, an ECC would be PQS/IPQ that is proposed by the PQS open market. Under this system, the required to meet all of the terms and holder to be transferred out of the ECC. holder of PQS/IPQ would notify the conditions of the underlying ROFR would apply to all crab PSQ/IPQ ECC or its representative of the terms of transaction. As indicated above, the derived from legal processing that the pending sale. The ECC would then ROFR would be established by a occurred in that ECC except for PSQ/ have the opportunity to exercise the contract to be entered into between the IPQ issued for Tanner crab, Western ROFR by notifying the seller of PQS holder receiving the allocation of Aleutian Islands golden king crab, and acceptance of those terms within a PQS and the ECC entity. The applicant Adak red king crab. The Tanner crab specified time period. If the terms are for PQS would be required to enter the

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63224 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

contract in order to receive the initial would be the same as those for the relative to the overall allocations. allocation of PQS by NMFS. general ROFR provisions referenced Because the QS pool would change over The contracts establishing the ROFR above. Applicants for PQS in non ECC time, establishing a set pool early-on for ECCs must include specified communities in the northern GOA would provide greater stability and conditions set forth at § 680.40(m). An would be required to enter into a would not require QS holders to divest explanation for each of these conditions contract with the ECC entity themselves of QS should the quota pool is presented in section 3.6.2.2 of representing Kodiak and to submit a change. The QS use caps in the halibut Appendix 1 to the EIS (see ADDRESSES). copy of a signed contract with their and sablefish IFQ program are set at a These conditions were developed by an application for initial issuance of PQS. fixed amount of QS units, and a similar ad hoc committee assigned by the Subsequently, a holder of PQS in a non management approach is used to set use Council to develop community ECC community in the northern GOA caps in this Program. protection measures and were who wishes to transfer PQS out of that A person who receives an initial ultimately adopted by the Council. They community must provide NMFS with a allocation of QS that exceeds the use generally are intended to protect a written acknowledgment from the ECC caps listed here is limited to hold no balance between community and entity representing Kodiak confirming more than that amount. NMFS would processor interests while providing that Kodiak does not wish to exercise not issue a person QS in excess of use some flexibility under contractual ROFR prior to agency approval of caps based on QS derived from landings arrangements that would be enforced transfer of PQS to a community other attributed to an LLP license obtained via through civil contract law. NMFS does than Kodiak. transfer after June 10, 2002. This not intend to provide draft contractual The northern GOA ROFR provision is provision would prevent excessive language for purposes of ROFR; intended to provide Kodiak with a consolidation prior to the issuance of however, the agency would support the ROFR that would enable it to QS through the trading of LLP licenses enforcement of some of the contract consolidate processing shares of non and their associated history. conditions, such as requiring signed ECC communities in the northern GOA. Non-individuals holding QS would be contracts to be submitted as part of the QS, PQS, IFQ, and IPQ Use Caps required to provide, on an annual basis, application process for initial issuance This proposed rule establishes use ownership information as required by of PQS. Similarly, NMFS would require caps on the amount of QS, PQS, IFQ, the Annual Application for Crab IFQ/ the ECC entity as signatory on the and IPQ which may be held by a person IPQ Permit. Use caps would be applied contract to acknowledge in writing the and the amount of IFQ used on a vessel. both individually and collectively. community does not wish to exercise Use caps would limit the degree of Under this rule, all of a person’s direct ROFR prior to agency approval of any consolidation of QS and PQS holders holdings of QS and IFQ would be transfer of PQS or IPQ. NMFS also could and the numbers of vessels in the crab credited toward the cap. In addition, a annually notify each ECC entity of the fisheries. person’s indirect holdings would be also location where IPQs from the credited toward the cap in proportion to community were used and of any QS and IFQ Use Caps the person’s ownership interest. For transfer of shares linked to the Use caps would be imposed on a example, if a person owns a 20 percent community. This notification could person’s holdings of QS. No person interest in a company that holds 100 QS assist the community in tracking could use IFQ in excess of the amount units, that person is credited with transfers and use of shares, thereby of IFQ that is yielded from these QS holding 20 QS units for purposes of assisting the community efforts to caps unless that IFQ is derived from QS determining compliance with the cap. enforce the ROFR. NMFS specifically that was received by that person in the These caps would be applied in two requests comments on whether such initial allocation of QS for that crab steps. First, NMFS would use a notification would be helpful (see fishery. Different caps are chosen for the threshold rule for determining whether ADDRESSES). different fisheries because fleet the shares are held by a person. Second, The Program would establish an characteristics and dependence differ NMFS would use the individual and additional ROFR provision for ECCs across fisheries. Separate caps on QS collective rule for determining the located in the northern GOA. The only holdings are established for CDQ extent of share ownership. Under the ECC in this area is the combined City groups. Also, separate caps would be threshold rule, any entity with and Borough of Kodiak. Under this established for persons who hold QS 10-percent or more common ownership provision, the ECC entity representing and PQS. is considered to be an owner for Kodiak would have a ROFR to purchase Use caps on the amount of QS and purposes of determining this cap. Any PQS that is proposed to be transferred IFQ a person may hold are based on the direct holding of QS by those entities from non ECC communities located in initial QS pools to provide greater would be fully credited to the QS holder the northern GOA. The terms and stability for participants and to for purposes of establishing use caps. conditions supporting Kodiak’s ROFR determine where their allocation is See the following table for details:

TABLE 11—USE CAPS ON QS AND IFQ HOLDINGS FOR ALL PERSONS NOT HOLDING PQS, AND NON-CDQ GROUPS

CVO and CPO Use Cap in CVC and CPC Use Cap in Fishery QS Units QS Units

1.0 percent of the initial QS pool for Bristol Bay red king crab 3,880,000 120,000

1.0 percent of the initial QS pool for Bering Sea snow crab 9,700,000 300,000

1.0 percent of the initial QS pool for Bering sea Tanner crab 1,940,000 60,000

2.0 percent of the initial QS pool for Pribilof Islands red and blue king crab 582,000 18,000

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63225

TABLE 11—USE CAPS ON QS AND IFQ HOLDINGS FOR ALL PERSONS NOT HOLDING PQS, AND NON-CDQ GROUPS— Continued

CVO and CPO Use Cap in CVC and CPC Use Cap in Fishery QS Units QS Units

2.0 percent of the initial QS pool for St. Matthew blue king crab 582,000 18,000

10.0 percent of the initial QS pool for Eastern Aleutian Islands golden king 970,000 30,000 crab

10.0 percent of the initial QS pool for Western Aleutian Islands golden king 3,880,000 120,000 crab

10.0 percent of the initial QS pool for Western Aleutian Islands golden king 5,820,000 180,000 crab

The use cap limits for CDQ Groups whether the CDQ holds PQS and QS. No from QS that was received by that CDQ are shown in the following table (Table CDQ group could use IFQ in excess of group in the initial allocation of QS for 12). The QS and IFQ use caps in Table the amount of IFQ that is yielded from that crab fishery. 12 apply to a CDQ group regardless of these QS caps unless that IFQ is derived

TABLE 12—USE CAPS ON QS AND IFQ HOLDINGS FOR CDQ GROUPS

CDQ CVO and CPO Use Cap in QS Fishery Units

5.0 percent of the initial QS pool for Bristol Bay red king crab 19,400,000

5.0 percent of the initial QS pool for Bering Sea snow crab 48,500,000

5.0 percent of the initial QS pool for Bering sea Tanner crab 9,700,000

10.0 percent of the initial QS pool for Pribilof Islands red and blue king crab 2,910,000

10.0 percent of the initial QS pool for St. Matthew blue king crab 2,910,000

20.0 percent of the initial QS pool for Eastern Aleutian Islands golden king crab 1,940,000

20.0 percent of the initial QS pool for Western Aleutian Islands golden king crab 7,760,000

20.0 percent of the initial QS pool for Western Aleutian Islands golden king crab 11,640,000

No person who holds QS and PQS caps unless that IFQ is derived from QS fishery. The use cap limits for PQS could use IFQ in excess of the amount that was received by that person in the holders who also hold QS are shown in of IFQ that is yielded from these QS initial allocation of QS for that crab the following table:

TABLE 13—USE CAPS ON QS AND IFQ HOLDINGS FOR PERSONS WHO HOLD QS AND PQS

CVO and CPO Use Cap in CVC and CPC Use Cap in Fishery QS Units QS Units

5.0 percent of the initial QS pool for Bristol Bay red king crab 19,400,000 600,000

5.0 percent of the initial QS pool for Bering Sea snow crab 48,500,000 1,500,000

5.0 percent of the initial QS pool for Bering sea Tanner crab 9,700,000 300,000

5.0 percent of the initial QS pool for Pribilof Islands red and blue king crab 1,455,000 45,000

5.0 percent of the initial QS pool for St. Matthew blue king crab 1,455,000 45,000

5.0 percent of the initial QS pool for Eastern Aleutian Islands golden king 485,000 15,000 crab

5.0 percent of the initial QS pool for Western Aleutian Islands golden king 1,940,000 60,000 crab

5.0 percent of the initial QS pool for Western Aleutian Islands golden king 2,910,000 90,000 crab

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63226 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

CVC and CPC QS and IFQ use is excess of 175 million pounds (79,379 IFQ for processing during a season capped based on the QS and IFQ pool mt). Any Class A IFQ issued in excess would be prohibited from acting as a CP that is issued to those QS sectors, not as of the threshold would not be required during the remainder of the season, and a percentage of the whole QS pool, or to be delivered to an RCR with unused any vessel that operates as a CP during TAC issued for that fishery for that year. IPQ, but it would be subject to the a season would be prohibited from The effect is that the use caps are set at regional landing requirements. This receiving and processing crab harvested the percentage of the QS pool for that Class A IFQ would be distributed among with Class B IFQ during that season. sector. This is intended to preserve the users based on their QS holdings. This provision only applies for that crab goals of CVC and CPC QS and IFQ fishery for that season. A vessel could Vessel Use Caps allocations as a means to provide operate as a CP in one crab fishery and participation for crew members and The amount of CVO or CPO IFQ that receive crab harvested with Class B IFQ limit consolidation in crew could be used on any one vessel during in another crab fishery. employment. a crab fishing year would be limited. This vessel use limit would apply for all QS Holder On Board Provisions PQS Use Caps vessels, except for vessels that A person holding CVC or CPC QS is A person may not use more than 30 participate solely in a crab harvesting required to be aboard the vessel upon percent of the initial PQS pool in any cooperative. A vessel could not harvest which their IFQ is being harvested; crab fishery unless that person received crab in excess of the following unless the IFQ resulting from that QS an initial allocation of PQS in excess of percentages of the TAC for that crab has been: (1) leased to a qualified this limit. A person would not be issued fishery for that crab fishing year: (1) 2 person; or (2) is used by a crab PQS in excess of the use caps based on percent of the TAC for the Bering Sea harvesting cooperative. processing history transferred after June snow crab, Bristol Bay red king crab, A person holding CVO or CPO QS 10, 2002, the same date for limiting the and Bering Sea tanner crab fisheries; (2) does not have to be aboard the vessel QS use caps. This would limit the 4 percent of the TAC for the Pribilof being used to harvest their IFQ if they consolidation that could occur prior to Islands red and blue king crab, and St. hold at least a 10 percent ownership the implementation of this Program, Matthew blue king crab fisheries; and interest in the vessel upon which the thereby frustrating the goals of a use cap (3) 20 percent for Eastern Aleutian IFQ is to be harvested and are limitation. Islands golden king crab, Western represented by a crab IFQ hired master As with vertical integration caps, PQS Aleutian Islands golden king crab, and employed by that QS holder. use caps would be applied using a Western Aleutian Islands red king crab Crab Harvesting Cooperatives threshold rule for determining whether west of 179° W. long. the shares are held by a processor and CVC or CPC QS used on a vessel Consistent with the Fishermen’s then the individual and collective rule would not be included in determining Collective Marketing Act (FCMA, 15 for determining the extent of share whether a vessel use cap is met. Crab U.S.C. 521) and other applicable laws, ownership. Under the threshold rule, that are allocated to the CDQ program or including antitrust, QS holders may any entity with 10 percent or more the Adak community entity would not form voluntary crab harvesting common ownership with a processor is be included in determining whether a cooperatives to combine and considered to be a part of that processor. vessel use cap is met. cooperatively manage their aggregate QS Any direct holdings of those entities A person who receive an approval of holdings. Each cooperative that is would be fully credited to the IFQ allocation in excess of these vessel approved by NMFS would receive the processor’s holdings. Indirect holdings use caps may catch and retain all of that amount of cooperative IFQ that would of those entities would be credited IFQ with a single vessel. However, two be yielded by the aggregate QS holdings toward the processor’s cap in proportion or more persons may not catch and of all of the members of the cooperative. to the entity’s ownership. retain their IFQs with one vessel in The Program contains two primary incentives to encourage individual QS IPQ Use Caps excess of these limitations. The vessel use cap would not apply holders to join and participate in crab IPQs would be capped at the same to a vessel if all of the IFQ used on that harvesting cooperatives. First, vessels levels as those for the PQS, and the vessel in a crab fishing year is IFQ held fishing exclusively in cooperatives same would be established using the by a crab harvesting cooperative. This would be exempt from the vessel use same threshold rule for determining the exemption does not apply if that vessel caps that restrict vessels that harvest amount of PQS held by a person. In is used to harvest any amount of IFQ not individually-held IFQ. Second, addition to this general use cap, two held by a crab harvesting cooperative beginning in the sixth year of the other provisions would apply to IPQs. during the same crab fishing year. program, only leasing within In addition to the overall 30 percent cooperatives or between cooperatives PQS use cap, in the Bering Sea snow Catcher/Processor Vessel Activity would be allowed. The proposed crab fishery no person would be A person may purchase additional regulations at § 680.21 set out the permitted to hold in excess of 60 PQS for use on a CP vessel, but any crab provisions governing the formation and percent of the IPQ issued with a North processed with purchased PQS must be operation of crab harvesting region designation for that fishery. processed within three miles of shore in cooperatives. A further restriction would exist, the region designated for that PQS. This which limits the annual allocation of effectively limits the use of PQS and the Membership Requirements IPQs in seasons when the TAC exceeds resulting IPQ to vessels that are Under the Program, a minimum a threshold amount in two fisheries. In operating as stationary floating crab membership of four unique QS holders the Bristol Bay red king crab fishery, processors. would be required for cooperative IPQs would not be issued for the A vessel operating as a CP may not formation. The language of Amendment amount of the TAC in excess of 20 accept deliveries of Class B IFQ for 18 explicitly states that the four or more million pounds (9,072 mt). In the Bering processing. For purposes of this unique members of a crab harvesting Sea snow crab fishery, IPQs would not provision, any vessel that receives and cooperative are to be harvester QS be issued for the amount of the TAC in processes crab harvested with Class B holders engaged in one or more crab

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63227

fisheries. Therefore, the proposed as fishermen that catch, collect, or B IFQ, or that are affiliated with persons regulations concerning membership cultivate aquatic products or as planters that hold PQS or IPQ or process Class requirements for a crab harvesting of aquatic products, to act together in B IFQ from cooperative membership cooperative require that members of a associations (cooperatives) for the would deny these QS holders from cooperative be QS holders. However, purposes listed. The FCMA extended to taking advantage of the vessel use cap there is no explicit language in the fishing industry the exemption from exemption that participation in a Amendment 18 as to whether QS the operation of antitrust laws that is cooperative would afford. However, holders who also hold PQS or IPQ, or granted to agricultural cooperatives in even if the proposed regulations are affiliated with persons who hold the Clayton Act (15 U.S.C. 17) and the permitted the membership of such PQS or IPQ, may be members of a crab Capper-Volstead Act (7 U.S.C. 291, et persons in a cooperative, it is likely that harvesting cooperative. NMFS seq.). The intent of the FCMA is to such participation could be excluded considered this issue in developing the provide fishermen, acting through through other means. Additionally, proposed rule and, for the reasons set fishery cooperatives, an opportunity to NMFS notes that although the proposed forth below, proposes that QS holders compete on the same basis as may an rule would not exclude CP QS holders who also hold PQS or IPQ or are individual corporation. Because there is from membership in crab harvesting affiliated with persons who hold PQS or no waiver of antitrust laws in the cooperatives, the proposed rule would IPQ be prohibited from joining a crab Magnuson-Stevens Act and because the exclude CP QS holders that also hold harvesting cooperative. only exemption from antitrust law for PQS or IPQ or process Class B IFQ, or Section 313(j)(6) of the fishing cooperatives is provided by the who are affiliated with persons that Magnuson-Stevens Act (16 U.S.C. FCMA, crab harvesting cooperatives are hold PQS or IPQ or process Class B IFQ 1862(j)(6)) states that ‘‘Nothing in [the required to be organized and operate in from cooperative membership. Magnuson-Stevens Act] shall constitute a manner that is consistent with The proposed regulations also would a waiver, either express or implied, of requirements of the FCMA and the prohibit members of a cooperative, the antitrust laws of the United States.’’ proposed rule contains a provision including CP QS holders, from However, the FCMA was enacted to reflecting this requirement. acquiring PQS or IPQ during the valid provide exemptions from antitrust According to the case law that has duration of the cooperative IFQ permit. liability for certain activities by developed under the Capper-Volstead These measures are intended to associations of qualified members. The Act and the FCMA (particularly minimize the risk of a finding that a FCMA reads as follows: National Broiler Marketing Assn. v. crab harvesting cooperative’s members Sec. 521. Fishing industry; associations United States, 436 U.S. 816 (1978) and were not ‘‘producers’’ as required by the authorized; ‘‘aquatic products’’ defined; United States v. Hinote, 823 F. Supp. FCMA. However, it is not clear that marketing agencies; requirements 1350 (S.D. Miss. 1993)), all members of these limitations on membership and Persons engaged in the fishery industry, as an FCMA-protected cooperative must be acquisition remove the risk entirely. fishermen, catching, collecting, or cultivating ‘‘producers’’ and any non-producer NMFS stresses that although a crab aquatic products, or as planters of aquatic participation in the control and policy harvesting cooperative may meet the products on public or private beds, may act making of a cooperative would regulatory requirements set for in together in associations, corporate or otherwise, with or without capital stock, in disqualify the cooperative for exemption § 680.21, the cooperative may not satisfy collectively catching, producing, preparing from antitrust law provided by the all of the requirements for an FCMA for market, processing, handling, and FCMA. While NMFS recognizes that cooperative. Persons wishing to form a marketing in interstate and foreign there is some legal uncertainty as to crab harvesting cooperative are strongly commerce, such products of said persons so whether members of a cooperative who encouraged to consult with experts in engaged. participate in both production and the field of antitrust. The term ‘‘aquatic products’’ includes all processing would be considered In addition to the requirement that commercial products of aquatic life in both ‘‘non-producers,’’ NMFS has crab harvesting cooperatives be fresh and salt water, as carried on in the determined that there is a significant organized according to the requirements several States, the District of Columbia, the several Territories of the United States, the likelihood that a crab harvesting of the FCMA, a cooperative also would insular possessions, or other places under the cooperative that is permitted to include be required to be formed as a legal jurisdiction of the United States. members that hold PQS or IPQ or business entity registered under the Such associations may have marketing process Class B IFQ, or who are laws of one of the 50 states or the agencies in common, and such associations affiliated with persons who hold PQS or District of Columbia in order to be and their members may make the necessary IPQ or process Class B IFQ would be eligible for a cooperative IFQ permit contracts and agreements to effect such found to include non-producer members issued by NMFS. purposes: Provided, however, That such and therefore would fail to have the Cooperative membership would be associations are operated for the mutual protections from antitrust law afforded ‘‘all or nothing’’ in that each QS holder benefit of the members thereof, and conform would be able to join only one crab to one or both of the following requirements: by the FCMA. Therefore, persons First. That no member of the association is holding CVO, CVC, CPO, or CPC QS harvesting cooperative at the beginning allowed more than one vote because of the would be considered QS holders for of each fishing year, and all QS held by amount of stock or membership capital he purposes of crab harvesting cooperative each member would be converted to may own formation. However, QS holders who cooperative IFQ. A QS holder would be therein; or also (1) hold PQS or IPQ, (2) are prohibited from joining more than one Second. That the association does not pay affiliated with a person who holds PQS cooperative, and would be unable to dividends on stock or membership capital in or IPQ, (3) process Class B IFQ, or (4) allocate only a portion of his QS excess of 8 per centum per annum. holdings to a cooperative and retain the and in any case to the following: are affiliated with a person that Third. That the association shall not deal processes Class B IFQ would be remainder for conversion to individual in the products of nonmembers to an amount prohibited from joining a crab IFQ for his own exclusive use. greater in value than such as are handled by harvesting cooperative. NMFS believes that because the it for members. NMFS acknowledges that the proposed rule would allow unrestricted The FCMA, enacted in 1934, permits proposed exclusion of QS holders that leasing between crab harvesting persons engaged in the fishing industry, also hold PQS or IPQ or process Class cooperatives, each cooperative would be

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63228 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

free to focus on harvesting IFQ for the members of a cooperative may be held harvest cooperative IFQ exclusively and fisheries of its choice. Thus, through liable for any violations of the that do not harvest any amount of leasing, cooperative members could regulations applicable to fishing for crab non-cooperative-held IFQ would be realize the same benefits in being a made by any person fishing under the exempt from the vessel use caps that member of one cooperative as they cooperative. apply to vessels used to harvest could in joining multiple cooperatives. non-cooperative-held IFQ. Second, Application for an Annual Crab Additionally, NMFS believes the ability beginning July 1, 2011, only Harvesting Cooperative IPQ Permit to join multiple cooperatives would cooperatives would be allowed to lease cause a potentially unmanageable Cooperatives would be required to IFQ and leasing of IFQ by number of cooperatives to be formed. apply for a cooperative IFQ permit on non-cooperative IFQ holders would be NMFS is concerned that if membership an annual basis prior to July 1 of each prohibited. is allowed in more than one year. If a cooperative’s application is Transfers of QS and IFQ by Members of cooperative, then it would be easy for approved by NMFS, the cooperative a Cooperative QS holders to allocate a nominal would receive the sum of the annual amount of IFQ to a given cooperative IFQ allocations of its members in the The regulations governing the transfer and form what would be, in effect, form of a cooperative IFQ permit that is of QS and IFQ would apply somewhat single member cooperatives. This would issued to the cooperative rather than the differently to members of a cooperative undermine the Council’s intent that individual QS holders. Cooperative IFQ who wish to transfer QS and IFQ during each cooperative have at least four permits would maintain all of the the fishing season than they would to independent members. Also, NMFS is region, species, and sector designations QS holders who are not members of a concerned that bycatch may increase if of the underlying QS held by the cooperative. This is because at the time single-species cooperatives are formed members of the cooperative with the a QS holder joins a cooperative, all of because the cooperative would have to following exception. his or her QS would be converted to discard all legal crab of species for CVC IFQ would lose their ‘‘C’’ cooperative IFQ that is held in common which the cooperative does not have designation (and associated holder on by the cooperative. A member of a IFQ. Finally, cooperative management board and leasing restrictions) when cooperative may buy or sell QS at any by its members is complex and converted to cooperative IFQ so that the time during the fishing season or technical, and NMFS is concerned that CVC QS holders would be able to between seasons simply by following cooperative management would be participate in cooperatives on an equal the general requirements for the transfer diluted by members who have joined basis with other QS holders. This means of QS at § 680.41. A member of a multiple cooperatives, and therefore, CVC IFQ could be harvested by the cooperative also may obtain IFQ at any each cooperative would be less effective cooperative without the CVC IFQ holder time by following the general at managing the harvesting of the on board the vessel. NMFS has requirements for the transfer of IFQ at cooperative’s IFQ. NMFS specifically determined that this approach is § 680.41 and may individually hold that requests public comment on whether necessary to allow the CVC QS holders IFQ or may transfer the IFQ to the QS holders should be able to join more to join and participate in cooperatives. member’s cooperative. However, once a than one cooperative relative to these The primary purpose of crab harvesting cooperative has been issued an IFQ assumptions and Council intent (see cooperatives is to allow crab fishermen permit, the members of that cooperative ADDRESSES). to consolidate and collectively manage cannot transfer away IFQ because they Membership in crab harvesting their QS holdings. If each cooperative is hold no IFQ of their own. Only the cooperatives would be voluntary. No QS required to treat CVC IFQ separately cooperative may transfer away holder would be required to join a from other types of IFQ, and if each CVC cooperative IFQ, and only by following cooperative to receive or harvest IFQ, QS holder is required to be on board the the requirements for the transfer of and no cooperative would be required to vessel any time the cooperative’s CVC cooperative IFQ at § 680.41. accept as a member a QS holder that the IFQ are being fished, then CVC QS Additionally, members of a cooperative cooperative does not wish to admit. holders gain nothing from participating would be prohibited from acquiring any Each member of a cooperative would be in a cooperative and would have amount of PQS or IPQ during the valid required to maintain their membership incentives to avoid joining cooperatives. duration of the cooperative IFQ permit. in the cooperative for the one-year This is because CVC QS holders could The rational for this provision is duration of the cooperative IFQ permit, otherwise retain their shares as provided under the discussion of or as long as they hold any amount of individually-held IFQ and fish their cooperative membership requirements. QS upon which the cooperative’s IFQ shares on board any vessel fishing for A cooperative that has been issued permit is based. However a cooperative crab in the BSAI. Without the ability to cooperative IFQ is not allowed to hold member would have an opportunity to participate fully in the cooperative, CVC QS directly, even though as a legal leave their cooperative or change QS holders would have no incentive to business entity, a cooperative would cooperatives each year during the join any cooperative. In fact, they would otherwise be eligible to acquire and annual application process. have reasons to avoid joining hold QS. This prohibition on Members of a cooperative fishing cooperatives because they would gain cooperatives holding QS is necessary to under a cooperative IFQ permit would no benefits from cooperative maintain the regulatory distinctions be governed by the same regulations participation while at the same time between non-cooperative-held IFQ and that govern individuals fishing under an subjecting themselves to the increased cooperative IFQ, and to simplify the individual IFQ permit. The only persons complexity and potential liability of administration of the Program. eligible to fish for crab under a participating in a cooperative. cooperative IFQ permit would be the Inseason Membership Changes members of the cooperative, or a crab Incentives to Join Crab Harvesting Because cooperative IFQ permits are IFQ hired master who is fishing on Cooperatives annual permits, and cooperatives are board a vessel that is affiliated with (i.e. The Program provides two incentives required to apply annually for each owned or controlled) by a member of for QS holders to join cooperatives. year’s cooperative IFQ permit, any the cooperative. In addition, the First, fishing vessels that are used to changes in cooperative membership that

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63229

occur between fishing seasons would Protections for GOA Groundfish by all groundfish vessels during the simply be reflected in the following Fisheries same period. The sideboard restrictions year’s cooperative IFQ permit Protections, called sideboards limits, are also apportioned by season and/or application. However, inseason transfers restrict the ability of vessels with Bering area for each GOA groundfish TAC that of QS by members of a cooperative may Sea snow crab fishing history to is apportioned by season or area. result in the situation where a current participate in GOA groundfish fisheries. There are some additional sideboard member of the cooperative no longer The purpose of the proposed sideboard restrictions and exemptions for GOA holds QS and/or a new person holds QS limits is to prevent vessels that Pacific cod that do not apply to other GOA groundfish species. Specifically, that has been allocated to the traditionally participated in the Bering any vessel subject to GOA groundfish cooperative in the form of IFQ. If this Sea snow crab fishery from using the sideboards that landed less than 50 mt flexibility of the Program to increase occurs, then the cooperative has the (110,231 lb) of GOA groundfish between their level of participation in the GOA option of amending its membership to 1996 and 2000 would be prohibited groundfish fisheries, and primarily the add or remove members through the from engaging in directed fishing for GOA Pacific cod fishery. Historically, submission of an amended cooperative Pacific cod at all times. Additionally, the Bering Sea snow crab fishery and IFQ permit application. If the any vessel that landed less than 100,000 GOA groundfish fisheries operated cooperative chooses to amend its pounds (45.4 mt) of Bering Sea snow concurrently from January through membership during the fishing season, crab and more than 500 mt (1,102,311 March, meaning that a crab vessel then the cooperative would be required lb) of GOA Pacific cod between 1996 owner had to decide whether to fish for to submit to NMFS an amended and 2000 would be exempt from the Bering Sea snow crab or GOA application for cooperative IFQ GOA Pacific cod sideboard restrictions. groundfish but could not participate reflecting the membership change. If the NMFS would notify all persons who fully in both fisheries. With crab change to cooperative membership is own a vessel or hold a LLP license as rationalization, vessel owners have the to whether they are subject to the approved, NMFS would issue an flexibility to fish for snow crab amended IFQ permit application to the sideboard restrictions by issuing whenever they want, or to lease their amended Federal fisheries permits and cooperative reflecting the change in crab IFQ and not fish at all. This membership. The same process may be LLP licenses to each affected vessel increased flexibility for crab fishermen owner or LLP license holder. The used by a cooperative to accommodate could lead to increases in fishing effort the rights of a successor in interest in amended Federal fisheries permits and in GOA groundfish fisheries, especially LLP licenses would display the type of the event that a member dies (in the the Pacific cod fishery, which is the sideboard restriction on the face of the case of an individual), or dissolves (in primary groundfish target species for permit or license. the case of a business entity). pot vessels, negatively affecting the Each cooperative would be free to other participants in those fisheries. Arbitration System develop its own procedures for dealing This concern about spillover effects is The Council developed the with inseason membership changes. limited primarily to the GOA where the Arbitration System to compensate for Cooperatives may choose to grant Pacific cod TAC is not allocated among complications arising from the creation automatic membership to persons who gear types. In the BSAI, most of the of both QS/IFQ and PQS/IPQ. These obtain QS through purchase or as Pacific cod TAC is allocated to vessels complications include price using longline and trawl gear and LLP successors-in-interest to a member that negotiations that could continue license restrictions prevent the entry of died. Conversely, they may establish indefinitely and result in costly delays, new pot vessels into the BSAI Pacific and the ‘‘last person standing’’ problem their own procedures for deciding cod fishery, meaning that snow crab where the last parties to contract will whether to admit new members on an fishermen who wish to increase their have a single market for their product or inseason basis. However a cooperative groundfish fishing activity would need service. The Arbitration System is decides to address the issue of inseason to look primarily to the GOA Pacific cod designed to alleviate many of the membership changes a cooperative fishery. concerns arising from the parity of would not be required by NMFS to grant The GOA groundfish sideboard supply and demand under the Program. membership to a QS holder with whom restrictions would apply to any If an IPQ holder or IFQ holder were it does not wish to associate, regardless non-AFA crab vessel with a fishing unable to reach an agreement on price of how that person acquired the QS in history that generated any amount of during open negotiations, the question. It is important to note that the Bering Sea snow crab QS, and to any negotiation approaches prescribed in inseason membership process could not LLP licenses earned in whole or in part the proposed regulations could be used be used by a cooperative for inseason by the crab fishing history of such by certain participants to settle their expulsions of a member who holds QS vessels. Because AFA catcher vessels disputes. This also encourages more that is allocated to the cooperative in are already subject to sideboard efficient negotiations by preventing the form of IFQ. If a cooperative wishes restrictions in the GOA under the indefinite stalemates. to expel a member that holds QS upon implementing regulations for the AFA, The Council, along with considerable which the cooperative’s IFQ is based, it no additional restrictions for AFA input from the potential participants, must wait until the end of the fishing catcher vessels with snow crab history developed the Arbitration System to year. In addition, this inseason process are proposed here. Those snow crab accommodate the varied interests of the could not be used to add a member that vessels subject to GOA groundfish parties involved as well as reflect the has not obtained QS that is allocated to sideboard restrictions would be limited, historical negotiations between in the aggregate, from harvesting an harvesters and processors. The the cooperative in the form of IFQ. amount of each GOA groundfish species Arbitration System identifies the general These two types of membership changes that exceeds the percentage of each structure of the system and the general can only be accomplished between species that such vessels retained, in the principles that guide oversight and fishing years through the annual permit aggregate, from 1996 to 2000 relative to management. It also identifies the roles application process. the total retained catch of each species and fundamental standards for the

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63230 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

Market Analyst in developing and Second, the Council adopted changes proposed rule would prohibit producing a preseason Market Report to limit access of parties to an collaboration among members of for each fishery, the Formula Arbitrator arbitration proceeding to information different FCMA cooperatives for in developing a single annual fleet-wide provided directly by them to the purposes other than nominating and pricing formula (non-binding price Contract Arbitrator in the proceeding in selecting the arbitrators and market formula), the Contract Arbitrators in which they participate. The Program analysts to avoid behavior that is making decisions, and the last best offer originally provided all participants in outside the scope of the antitrust binding arbitration method as the an arbitration access to all information immunity provided by the FCMA. arbitration procedure for participants. provided to their Contract Arbitrator, Fourth, the Council eliminated a Section 313(j)(6) of the which could include information provision that required the Market Magnuson-Stevens Act, as amended by provided to other Contract Arbitrators in Analyst to survey the crab product section 801 of Pub. L. 108-199, binding arbitration proceedings to assist throughout the year and periodically stipulates that the legislation does not them in reaching decisions. This publish prices in the crab product provide any exemption to the antitrust provision could have allowed market. The periodic announcement of laws. To the extent the Arbitration participants to access pricing and other prices presented a serious antitrust risk System, as approved by the Council, competitively sensitive information since it could provide a way of would have permitted actions that put submitted to a Contract Arbitrator by matching up prices with individual the participants at risk of subjecting every Arbitration IFQ holder and IPQ market participants. To the extent the themselves to antitrust liability, the holder during all prior arbitration information about product prices is Council approved minor changes, proceedings. Accordingly, it presented a necessary for the Formula and Contract primarily to address information serious antitrust risk. Under the Arbitrators to perform their functions, exchanges that could have occurred antitrust immunity provided by the they will have it from other sources. The under the Arbitration System as FCMA, a crab harvesting cooperative or more frequent the periodic price updates, the smaller would be the originally approved. At its June 2004, members of a cooperative could share number of IFQ and IPQ holders as well meeting, the Council adopted changes to sensitive competitive information with as distributors or customers generating the Arbitration System for approval by other members of the same cooperative, the composite price that was reported. January 1, 2005. The Council’s changes but the arbitrator would not be the Aggregation would have been less are in Amendment 19 to the FMP and person to disseminate such information. effective and if market participants would be implemented by these All participants in an arbitration could know or learn which particular proposed regulations. proceeding would be required to sign a confidentiality agreement stating they IPQ and IFQ holders had completed Council-Approved Changes to the would not disclose any information negotiations or arbitrations during a Arbitration System received from the Contract Arbitrator. particular survey period, then it could Third, the Arbitration System be difficult to ensure price anonymity. First, the Council eliminated a permitted harvesters to act collectively The announcement of recent prices provision that would have allowed PQS during binding arbitration to the extent and the lack of anonymity could have or IPQ holders to participate in common permitted by the FCMA. The FCMA made it easier for IPQ holders to arrive discussions concerning historical prices authorizes the establishment of at agreements to set prices and for IPQ in the fisheries. The intent of the cooperatives comprised of fishermen. holders to enforce the agreements. provision was to facilitate the Pursuant to the FCMA, cooperative Under the proposed rule, the Market development of information about members may freely exchange Analyst would prepare only one annual historic division of revenues, which is information, agree among themselves on Market Report for each fishery and one of the primary bases upon which the price they will accept for their would be prohibited from issuing the Formula Arbitrator establishes the products, bargain jointly and agree on interim or supplemental reports for each non-binding price formula and upon the basis for negotiations without fishery. which the Contract Arbitrators will base risking antitrust liability. If the Fifth, the Council changed the a decision. The only limitation upon cooperative or members of the Arbitration System to limit the PQS or IPQ holders was that the cooperative share sensitive competitive announcement of the results of each discussion would be about historical information or attempt to collaborate arbitration decision as it occurs to an prices. The provision, however, could with non-member harvesters on any IPQ holder and IFQ holders in that have allowed PQS or IPQ holders to issues relating to price or costs, they particular arbitration as well as to IFQ engage in collective, direct discussions would risk antitrust liability. The holders that are not affiliated and have regarding pricing information. The Council adopted a change to clarify that not committed to an IPQ holder and potential anticompetitive risks IFQ holders that are members of a who may want to opt-in to a previously associated with encouraging FCMA crab harvesting cooperative can completed contract. The Program would competitors to discuss pricing participate collectively as a member of have allowed the public announcement information, even historical that FCMA cooperative in binding of the outcome of each binding information, was too great. There was a arbitration and that non-member arbitration proceeding to inform IFQ high probability that competitors could harvesters cannot participate holders with uncommitted IFQ so they move beyond discussions on strictly collectively with cooperative members could decide whether to opt into the ‘‘historical’’ information. Moreover, the during the arbitration procedures. completed contract. The provision availability of pricing information The proposed rule would clearly raised antitrust concerns. If the results facilitates collusion, especially when prohibit crab harvesting cooperative of an arbitration decision were the processors will be identified with members from sharing sensitive announced before all binding arbitration the prices they charge. Further, competitive information or any issues proceedings were completed, they could information about historical prices relating to costs or price or collaborate influence what was asked by the parties could be generated through other with nonmembers at any stage of the in a subsequent arbitration, resulting in means, such as information provided to arbitration proceedings without risking price stabilization. The change allows the Market Analyst. antitrust liability. Moreover, the disclosure of all arbitration decisions to

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63231

the Contract Arbitrators and to and (d) IFQ held by a crab harvesting may join separate such organizations. non-affiliated IFQ holders who have not cooperative as long as no member of There could be Arbitration committed to an IPQ holder. The parties such cooperative holds PQS or IPQ or is Organizations comprised solely of to an arbitration would be required to affiliated with a person who holds PQS members who hold QS or IFQ or PQS agree to make the terms and conditions or IPQ. or IPQ. of the arbitration decision available to Under the proposed rule, the structure Under the proposed rule, the non-affiliated uncommitted IFQ holders. of the Arbitration System would be Arbitration QS/IFQ Arbitration managed and carried out primarily by Arbitration System Requirements Organizations and PQS/IPQ Arbitration the participants in the crab fisheries Organizations would be responsible for The Council intended the Arbitration through contractual arrangements, with nominating and mutually selecting System to function as an ‘‘industry-run’’ NMFS oversight. The proposed rule persons for the positions of Market system with minimal involvement by would require that participants in the Analyst, Formula Arbitrators, and NMFS. The Program establishes a crab fisheries join and maintain Contract Arbitrators and establishing structure for the negotiation of price, membership in an Arbitration contracts with such persons. The delivery and other contract terms Organization. The persons who are contracts would stipulate the functions between an IPQ holder and IFQ holders. eligible to join an Arbitration and obligations of those positions It specifies the basic elements of the Organization are: (a) holders of CVO and consistent with the roles and standards Arbitration System: the standards for CVC QS; (b) holders of PQS; (c) holders for the Market Analyst, Formula arbitration; the roles of the Market of Arbitration IFQ, (d) holders of Class Arbitrator, and Contract Arbitrators, as Analyst, Formula Arbitrator and A IFQ affiliated with a PQS or IPQ specified by the Program and reflected Contract Arbitrators; the data available holder; and (e) holders of IPQ. in the proposed rule. They also would to the Market Analyst and Arbitrators; While the Program does not require provide certain information to NMFS. restrictions on participation by PQS and the establishment of arbitration All arbitration organizations, among IPQ holders (processors) and IFQ organizations and membership in such other matters, would be responsible for holders that are affiliated with PQS and organizations, NMFS believes the ensuring the collection and payment of IPQ holders (processor-affiliates); last structure is necessary to facilitate the all fees required to fund the Arbitration best offer binding arbitration industry’s ability to coordinate among procedures; and payment for the system. its members and carry out the Council’s System; providing information to their The Program also specifies that intent to establish the Arbitration members, such as copies of the contracts processor-affiliated shares can System primarily as an ‘‘industry-run’’ with the Market Analyst, Formula participate to the extent allowed under system. This approach also facilitates Arbitrator and Contract Arbitrators; and the antitrust laws and that processors the ability of NMFS to monitor the enforcing the terms of various contracts can participate individually and not activities of members more efficiently to which they are a party. The collectively, except in the choice of the and effectively than monitoring Arbitration Organizations would be Market Analyst and the Arbitrators. The numerous contracts among unique prohibited from engaging in any Arbitration System also is mandatory for quota holders. NMFS believes industry contract negotiations on behalf of their all IPQ and IFQ holders participating in participants will have sufficient interest members except to the degree necessary the Program. in establishing the arbitration to hire the Market Analyst, Formula First, at any time prior to the season organizations, agreeing to the contracts, Arbitrator, and Contract Arbitrators. opening date, IPQ and IFQ holders can and selecting the Market Analysts, This is not intended to prohibit the initiate discussions through open Formula Arbitrators and Contract members of an Arbitration IFQ negotiations. Open negotiation is Arbitrators necessary for the Arbitration Arbitration Organization from available to both affiliated and System to function. NMFS particularly negotiating as a crab harvesting non-affiliated IFQ holders and all IPQ invites public comment on the cooperative under the FCMA. holders. If they are unable to conclude feasibility of basing the structure of the Arbitration Standard a contract through open negotiations, Arbitration System upon intra-industry eligible persons, as defined by the contracts. Reflecting the economic reality faced proposed rule, may use several other To minimize antitrust risks, this by both harvesters and processors, the negotiation approaches to reach proposed rule would not allow Council determined that preserving the agreement, including share-matching, harvesters and processors to be historical division of revenues in the mediation and binding arbitration members of the same Arbitration fisheries in order to protect the procedures. Organization. The proposed rule would investment and reliance of the The negotiation approaches and require that PQS and IPQ holders and harvesters and processors should guide Binding Arbitration procedure are QS and IFQ holders must be members the Arbitration System. The Program limited to IPQ holders and Arbitration of different arbitration organizations. requires the Market Analyst, Formula IFQ holders. Under the proposed rule, Holders of PQS or IPQ could only be a Arbitrator and Contract Arbitrators, in Arbitration IFQ means: (a) Class A CVO member of a PQS/IPQ Arbitration developing the non-binding price IFQ held by a person who is not a Organization, and they may join formula and deciding an individual holder of PQS or IPQ and who is not separate such organizations. Holders of arbitration, to consider: (1) current affiliated with any holder of PQS or IPQ; QS or IFQ who neither hold nor are pricing; (2) consumer and wholesale (b) prior to July 1, 2008, CVC IFQ held affiliated with a person who holds PQS product prices; (3) innovations and by a person who is not a holder of PQS or IPQ could only be a member of an developments of the different sectors; or IPQ and who is not affiliated with Arbitration QS/IFQ Arbitration (4) efficiency and productivity of the any holder of PQS or IPQ that the holder Organization, and they may join different sectors; (5) quality standards has elected to submit to the Arbitration separate such organizations. Holders of for each market; (6) maintaining System; (c) after July 1, 2008, Class A QS or IFQ who are affiliated with a financially healthy and stable harvesting CVC IFQ held by a person who is not person who holds PQS or IPQ could and processing sectors; (7) safety; (8) the a holder of PQS or IPQ and is not only be a member of an Affiliated QS/ timing and location of deliveries; and affiliated with any holder of PQS or IPQ; IFQ Arbitration Organization, and they (9) reasonable underages to avoid

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63232 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

penalties for overharvesting IFQ and on a survey of the market for crab season for that crab QS fishery in that reasonable deadloss. products from that fishery as well as crab fishing year to each Arbitration Under the proposed rule, the information provided by the IPQ and Organization in that fishery and NMFS. Arbitration System would commence IFQ holders. preseason when the Arbitration QS NMFS recognized the potential Non-binding Price Formula Arbitration Organizations and the PQS antitrust risk involved in exchanges of To further guide the negotiations Arbitration Organizations nominate cost and price information, and so the among all IFQ and IPQ holders, the persons for the positions of Market proposed rule requires that the proposed rule would mirror the Program Analyst, Formula Arbitrator, and information provided by the by requiring the development and Contract Arbitrators. The PQS and QS participants must be historical in nature announcement of a non-binding pricing holders, who are members of their and that the Market Report cannot formula. Under the proposed rule, the respective Arbitration Organizations, identify which participants provided Arbitration QS Arbitration then choose, by mutual agreement, the specific information. These Organizations and the PQS Arbitration persons for these positions. requirements are consistent with the Organizations contract with a Formula NMFS has interpreted ‘‘mutual U.S. Department of Justice and Federal Arbitrator to develop a non-binding agreement’’ to mean the agreement of Trade Commission Statements of price formula. The contract would not less than 50 percent of the PQS Antitrust Enforcement Policy in Health specify that the Formula Arbitrator must holders and not less than 50 percent of Care (1966) (Guidelines). The conduct a single annual fleet-wide the QS holders in a fishery. This Guidelines create an antitrust ‘‘safety analysis of arbitrations to establish a standard does not require complete zone’’ around the exchange of cost and non-binding pricing formula under consensus, but requires a majority of price information when (1) the which a fraction of the weighted average harvesters and processors to agree on collection of the data is managed by a first wholesale prices for crab products specific individuals. This approach third party, including a government from each fishery may be used to set an increases the likelihood of the selection agency; (2) the information shared is ex-vessel price. The contract also would of Market Analysts, Formula Arbitrators, based on information more than three require that the non-binding price and Contract Arbitrators who are months old; and (3) there are at least formula: (a) must be based upon the acceptable to the majority of five providers reporting data such that historical distribution of first wholesale participants. Because the selection of recipients would be unable to identify revenues between fishermen and the Market Analyst, Formula Arbitrator, the prices charged by any particular processors in the aggregate based on and Contract Arbitrators is critical to the firm. In adhering to the Guidelines, the arm’s length first wholesale prices and effective implementation of the proposed regulations require that the ex-vessel prices, taking into Arbitration System, the standard for the IFQ holders and IPQ holders would give consideration the size of the harvest in selection process should not be so information directly to the Market each year; and (b) must establish a price stringent so as to prevent the possibility Analyst and not to any other IPQ holder that preserves the historical division of of actually selecting a mutually or IFQ holder, except that IFQ holders revenues in the fishery while acceptable Market Analyst, Formula who are members of any single crab considering the nine factors described Arbitrator, and Contract Arbitrators. harvesting cooperative may share such in the Arbitration Standard. To ensure the market analyses and information with other members of the The non-binding pricing formula pricing formula are available to inform same crab harvesting cooperative who would be guided by the general factors all negotiation among the IFQ and IPQ are authorized to participate in the for the fishery as well as arbitration holders, the Arbitration QS/IFQ Arbitration System, that the information decisions from the previous season. IPQ Arbitration Organizations and PQS/IPQ provided would be more than three and IFQ holders could furnish relevant Arbitration Organizations would months old, and the information and information and data upon the request mutually agree through their contract to data would be aggregated in the report of the Formula Arbitrator subject to the notify NMFS of the selection of the so that prices would not be identifiable antitrust requirements that the Market Analysts, Formula Arbitrator with the person offering the price. information be historical and the and Contract Arbitrators by June 1 for The Market Report could include persons submitting information should that crab fishing year, except during information that is provided through not be identified as having submitted 2005, they would be required to notify surveys, directly from IFQ and IPQ specific information in the report. The NMFS by July 1, 2005. The proposed holders, and from other sources that contract would require the Formula rule reflects the Program in that the voluntarily provide data. The Market Arbitrator to provide the non-binding same person could be selected as Market Analyst would not have subpoena pricing formula not later than 50 days Analyst and Formula Arbitrator; but the power to obtain information. The prior to the first crab fishing season for Contract Arbitrators could not be the Market Analyst could meet with crab that crab QS fishery in that crab fishing same person as the Market Analyst and harvesting cooperative members year to each Arbitration Organization in Formula Arbitrator, and could not be collectively, but would have to meet that fishery and NMFS. employed or associated with those individually with: (a) IPQ holders; (b) Open Negotiations persons. distinct crab harvesting cooperatives; and (c) IFQ holders who are not The Program provides that prior to the Market Report members of the same crab harvesting crab fishing season, any IFQ holder can The Program requires the cooperative. The proposed rule negotiate with any IPQ holder on price promulgation of a preseason Market prohibits the Market Analyst from and delivery terms for the upcoming Report for each crab fishery to help disclosing any information to any season. It allows the IFQ and IPQ inform all negotiations among all IPQ person except as allowed by the holders to freely contact each other to and IFQ holders. The Market Report requirements of the contract. The initiate open negotiations. If they reach would be produced annually by a contract with the Market Analyst would an agreement on all price and delivery Market Analyst selected jointly by the specify that the Market Analyst will terms during the preseason, a binding arbitration organizations. It would provide the Market Report not later than contract would result. Due to the provide an analysis of the market based 50 days prior to the first crab fishing limitations of the antitrust laws, IPQ

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63233

holders would be required to negotiate coordinating countless arbitration Contract Arbitrator would require for individually with IFQ holders, whereas sessions. After matching, an Arbitration reaching a decision. To minimize IFQ holders who are members of the IFQ holder and IPQ holder could either antitrust risk, the proposed rule reflects same crab harvesting cooperative can arbitrate or, at the discretion of both the Council’s change and provides that negotiate collectively with a single IPQ parties, try to mediate to determine the only the parties to the arbitration and holder. An affiliated IFQ holder could contract terms. The Program and the the Contract Arbitrators would have negotiate during the open negotiations proposed rule require the IPQ holder to access to information provided directly period, but individually, and not as part accept all proposed matches up to the by the parties to the Contract Arbitrator of a crab harvesting cooperative. The amount of its uncommitted IPQ. for that particular arbitration. To further proposed rule provides the period of Last Best Offer Binding Arbitration preclude antitrust risk, the Program and open negotiations would end at the date the proposed rule require the parties to of the first crab fishing season for that The centerpiece of the Arbitration sign a confidentiality agreement crab QS fishery in that crab fishing year. System is the last best offer binding stipulating they shall not disclose any In effect, this removes the ability of arbitration procedure. It would be confidential information generated affiliated IFQ holders to negotiate available to resolve price and delivery during the arbitration proceeding. contracts once the crab fishing season disputes arising from open negotiations To ensure the parties understand their has begun because they cannot use the among Arbitration IFQ holders and IPQ obligations as early as possible, the negotiation methods in the Arbitration holders, lengthy season approach, share Program requires the Contract Arbitrator System due to antitrust constraints. matching or performance disputes. to notify the parties to an arbitration of Specifically, Arbitration IFQ holders Lengthy Season Approach the arbitration decision no later than 10 and IPQ holders would be eligible to days before the season opening date. In Rather than mediate immediately participate in binding arbitration. As order to implement that provision, the during the preseason, the Program with the other negotiation approaches, proposed rule requires that if last best provides and the proposed rule would the role of the Contract Arbitrator would offers are submitted at least 15 days allow IPQ holders and Arbitration IFQ be specifically detailed in the contracts before the first crab fishing season for holders to choose to adopt a ‘‘Lengthy among the Arbitration Organizations that crab fishing year for that crab QS Season’’ approach and postpone and the Contract Arbitrator. fishery, the Contract Arbitrator must negotiation of specific contract terms In a last best offer arbitration, the issue arbitration decisions no later than and binding arbitration until during the parties each would submit a last best 10 days before the first crab fishing regular season. If the parties reach a offer defining all the terms specified for season for that crab fishing year for that final agreement on contract terms, inclusion in a last best offer by the crab QS fishery. In effect, the Contract binding arbitration is not necessary. If Contract Arbitrator. An Arbitration IFQ the parties are unable to reach an holder that is a crab harvesting Arbitrator would have 5 days to render agreement on whether to adopt a cooperative could submit a last best a decision in order to notify the parties Lengthy Season, they could request offer that defines terms for the delivery 10 days before the season opening date. mediation or determine whether to of crab harvested by members of that The proposed rule provides that in other adopt the approach. If mediation is crab harvesting cooperative with IFQ situations, the Contract Arbitrator will unsuccessful, the parties enter binding held by the cooperative. The Contract notify the parties of the arbitration arbitration to determine whether to Arbitrator would choose one of the last decision within 5 days of the parties adopt a Lengthy Season approach. best offers for price made by the IPQ submitting their last best offers. holder and IFQ holder(s). The The proposed rule provides that the Share Matching Approach arbitration organizations’ contract with arbitration decision would result in a To facilitate the ability of Arbitration the Contract Arbitrator would require binding contract between the parties IFQ holders to find IPQ holders with that the Contract Arbitrator base the that could be enforced by the parties to available quota, the proposed rule decision on specific information, that contract, not NMFS. The parties implements the Program’s provision for including consideration of the factors in would have to agree to make the a share-matching approach. Under the the Arbitration Standard, the historical contract terms available, when proposed rule, 25 days prior to the date distribution of first wholesale revenues requested, to Arbitration IFQ holders of the first crab fishing season for that between fishermen and processors, and with uncommitted IFQ to enable an IFQ crab QS fishery in that crab fishing year, the Market Report. The Contract holder to determine whether to opt into IPQ holders would be required to make Arbitrator also could use information the completed contract. The Contact known to holders of uncommitted from previous arbitrations, the Arbitrator would need to provide this Arbitration IFQ the amount of IPQ that non-binding price formula and other information within 5 days of receiving is uncommitted and remains available. information provided to the Contract the request for that information. An uncommitted Arbitration IFQ holder Arbitrator by the parties to the At its June 2004 meeting, the Council could match up its uncommitted IFQ by arbitration. The Council chose to adopt considered the antitrust risks of sharing indicating its intention to deliver its a last best offer arbitration with the the arbitration results among IPQ catch to a specific IPQ holder with intent that it would deter parties from holders or affiliated IFQ holders or sufficient available uncommitted IPQ. exaggerating their offers in hopes of Arbitration IFQ holders that already The Arbitration IFQ holder must offer achieving a more favorable result. have committed to an IPQ holder. The the IPQ holder a substantial amount of The proposed rule provides that at Council agreed that such information the Arbitration IFQ holder’s any point more than 15 days prior to the sharing would raise antitrust concerns uncommitted IFQ. While the Program date of the first crab fishing season for regarding illicit price stabilization or does not define ‘‘substantial,’’ the a crab QS fishery, an Arbitration IFQ collusion. To the extent IFQ holders are proposed rule defines ‘‘substantial’’ as holder or IPQ holder may initiate a members of a crab harvesting not less than 50 percent of the binding arbitration procedure. Prior to cooperative under the FCMA, they are Arbitration IFQ holder’s total the submission of the last best offer, the allowed to share the information with uncommitted IFQ in order to prevent Contract Arbitrator would work with the other members of the same cooperative IPQ holders from potentially parties to generate the information the and set prices with antitrust immunity.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63234 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

However, sharing the results of require the arbitration organizations to binding arbitration, and quality and arbitrations with IPQ holders or agree in their contract to establish a performance disputes. affiliated IFQ holders or Arbitration IFQ system to ensure access to such The proposed rule requires the holders that already committed to an information by Arbitration IFQ holders arbitration organizations to develop a IPQ holder and so have no need to that have uncommitted IFQ. All the system to determine such costs, assess opt-in could create serious antitrust same terms from the original contract them equally among the participants, risks. If IPQ holders shared the results would apply. Once exercised, the opt-in and collect the fees. The proposed rule of completed arbitrations with other is a binding contract. provides that such costs must be shared PQS or IPQ holders, they would risk To initiate the process, the Arbitration based on the amount of IPQ or IFQ held antitrust violations. Without antitrust IFQ holder would notify the IPQ holder by each person and that the costs must immunity, sharing current pricing and the Contract Arbitrator to the be divided so that the IPQ holders pay information could facilitate illicit price original contract of its intent to opt-in, 50 percent of the costs and the stabilization or collusion. Also, if IPQ specifying the amount of IFQ involved, Arbitration IFQ and Class A IFQ holders holders shared the results of arbitrations and indicating acceptance of the terms pay 50 percent of the costs. Consistent before all arbitrations were completed, of the original contract. However, if a with the Program, PQS holders would an IPQ holder could alter its final offer dispute arose regarding whether the be required to advance all costs and to the Contract Arbitrator to make it opt-in offer was consistent with the collect the contribution of Class A IFQ closer to the price in previous terms of the completed contract, the holders at landing subject to terms arbitrations in a manner similar to what dispute could be decided by the mutually agreed upon by the arbitration would occur if the IPQ holders Contract Arbitrator who arbitrated the organizations. coordinated on prices. original contract. Therefore, the proposed rule allows Monitoring and Catch Weighing the disclosure of arbitration results only Performance and Quality Disputes Requirements for Catcher/Processors, to Arbitration IFQ holders that have not Building on the arbitration Registered Crab Receivers, and Catcher committed to an IPQ holder so they infrastructure, the Program provides Vessels that performance and quality disputes have access to the real-time results of NMFS has identified three primary that could not be resolved through completed arbitrations for purposes of objectives for monitoring catch in commercial channels could be determining whether to opt-in to a rationalized fisheries. First, monitoring arbitrated following procedures similar completed contract. The information must ensure independent verification of to those laid out for binding arbitration. would be provided to the Arbitration catch weight, species composition, and The disputes could be raised at any Organization of which the parties the location data for every delivery by a point in time prior to the arbitration are members in order for the catcher vessel or every pot by a CP. commencement of the first crab fishing Arbitration Organization to make such Second, all catch must be weighed season for the following crab fishing information available to the accurately. Third, the system must year in that crab fishery. Meanwhile, uncommitted Arbitration IFQ holders. provide a verifiable record of the weight The proposed rule also would require when disputes over the quality of the of each delivery. the Contractor Arbitrator to provide harvested crab arise within the context NMFS, among other information, any of an existing contract, if the parties To effectively manage the crab last best offers made during the binding employed a formula-based price, the fisheries, NMFS must have data that arbitration process, including all proposed rule provides they each will will provide reliable independent contract details, the names of receive their share of the value of the estimates of the total catch by quota participants in the arbitration, the amount of crab delivered based on the sector for all crab harvested. Because arbitration decision and the completed provisions of the contract. When the participants are operating under their contract. This information is necessary Arbitration IFQ holder prefers to use own IFQ, they have a strong interest in for DOJ to carry out its mandate under actual ex-vessel price and not a ensuring that catch data do not section 313(j)(6) of the formula-based price and a dispute arises overestimate the amount of crab Magnuson-Stevens Act to determine regarding crab quality and price, the harvested. Based on experience gained whether any acts of anti-competition, dispute should be referred to a mutually under other quota-based programs, antitrust or price collusion have agreeable independent quality specialist NMFS anticipates estimates of catch occurred among PQS or IPQ holders firm with both parties sharing the costs. will be questioned frequently by under the Program. industry. Further, individual harvesters Payment of Costs for Arbitration and processors would benefit directly if Post Binding Arbitration Opt-In The Program provides that the costs of catch is under reported because each The post binding arbitration opt-in the market analysis and the arbitrators processor or vessel is operating under provisions reflect the Council’s belief in must be shared by the two sectors. The an individual allocation. For these the efficiency and fairness of the proposed rule interprets that provision reasons, NMFS is proposing a arbitration procedure. The proposed to require the costs of the Arbitration catch-weighing system for the crab rule reflects the Program’s opt-in System to be shared equally by all IPQ fisheries under this Program that is provisions. The proposed rule allows a holders and Arbitration IFQ holders and more rigorous than that required in holder of uncommitted Arbitration IFQ Class A IFQ holders. The costs of the non-rationalized fisheries. to opt-in to any contract that results system would include all costs of the In order to implement the Program, from a completed arbitration with any Market Analyst, Formula Arbitrator and NMFS proposes new monitoring and IPQ holder with available uncommitted Contract Arbitrator, dissemination of catch weighing requirements for RCRs IPQ. To facilitate the process, the information concerning uncommitted taking deliveries of crab, catcher vessels Program requires that IPQ holders IPQ to holders of uncommitted harvesting crab, and CPs catching and/ provide information regarding the Arbitration IFQ, and the costs of such or harvesting crab. These proposed new amount of uncommitted IPQ they have person associated with lengthy season requirements are summarized in the available. The proposed rule would approach, share matching approach, following table:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63235

TABLE 14—SUMMARY OF MONITORING REQUIREMENTS FOR CRAB FISHERY PARTICIPANTS

Catcher Processor Harvesting or Requirement RCR Taking Deliveries of Crab Catcher Vessel Harvesting Crab Processing Crab

Weigh all retained quota by quota Yes. On a scale approved by the No. Yes. On a scale approved by category prior to processing. State in which the RCR is lo- NMFS. cated.

Scale testing requirements. Yes. On demand. N/A Yes. Scale must be tested daily when use is required.

Printed record of scale weights. Yes. N/A Yes. Printed record of scale weights for unprocessed crab as well as for processed product.

Operate under an approved catch Yes. No. No. monitoring plan (CMP).

Offload requirements. No. Yes. All offloads must be to an Yes. All product must be RCR. Vessel may not leave RCR offloaded on shore. until reporting of offload is com- pleted.

Product weighing requirements. No. N/A Yes. All product must be weighed on a scale approved by the State in which product offload takes place.

Vessel Monitoring System (VMS) N/A Yes. Yes. requirements.

Provide Observer work station. No. No. Yes.

Catcher/Processors Catch-Weighing and within 3 percent. An automatic hopper product such as crab. Because of these Monitoring Requirements scale must be accurate within 2 percent differences, NMFS believes crab weights NMFS proposes to require all crab when compared with the known weight must be audited at the point of offload. of the certified test weights. This would require a crab CP to offload IFQ harvested and processed by CPs be (7) Scales must produce a printed all product shoreside at a designated weighed at-sea prior to processing. record of all crab retained by the vessel. port and weigh that product on a scale These catch weighing requirements This record must be printed no less than approved by the State in which the include the following: once every 24 hours when use of the offload takes place. These offload (1) Scales must meet the performance scale is required. product-weighing requirements include and technical requirements specified in In other programs where NMFS the following: appendix A to part 679. At this time, requires all catch be weighed at-sea, (1) Offload all product to a shoreside NMFS has approved scales produced by NMFS also requires that an observer be location in the United States accessible Marel hf and Skanvaegt International A/ on duty whenever catch may be by road service or regularly scheduled S for weighing total catch. Marel hf, weighed. Because fishing operations air service. Skanvaegt International A/S and Pols hf occur on a 24 hour basis, this generally (2) Weigh all product on a scale manufacture scales that have been requires that the vessel carry two approved by the State in which the RCR approved for use by observers. observers. This is necessary because no is located, which must be equipped (2) Each scale must be inspected and catch-weighing system is tamper proof with a printer. approved annually by a and NMFS ensures that all catch is (3) Report the total weight of the NMFS-approved scale inspector. being weighed by requiring an observer offload to NMFS. (3) Each observer sampling scale must to be on duty at all times. This allows Observer sampling stations provide a be accurate within 0.5 percent when its NMFS to audit the vessel’s reported location where observers can work use is required. weight of groundfish against the safely and effectively. While the (4) The observer sampling scale must observer’s data. However, the crab Program delegates observer coverage be accompanied by accurate test weights fisheries differ from the groundfish requirements to the State of Alaska, sufficient to test the scale at 10, 25 and fisheries in two important ways. First, NMFS believes a quota type program 50 kg or, if the scale is denominated in the final Council motion establishing necessarily imposes new duties on pounds, at 25, 50 and 100 lb. the Program delegated observer coverage observers because of the increased (5) Each scale used to weigh crab responsibility to the State of Alaska, season length and subsequent need to be must be tested daily. Automatic hopper and, at this time, the State requires CPs on station more often. In spite of the scales must be tested at their minimum to provide only a single observer. requirements detailed above for full and maximum capacity using certified Second, crab are far more valuable per accounting of product, observers would test weights. Flow scales must be tested pound than groundfish. Thus, while it still play an important role in ensuring with no less than 400 kg of fish or other is probably not practical for vessel crew catch weights are accurately reported. In test material. to attempt to bypass the scale with order to facilitate these duties, NMFS is (6) When tested, a flow scale and the groundfish, it may be more tempting to proposing to require vessels to provide observer sampling scale must agree do so with a comparatively high value minimal work areas and facilities for the

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63236 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

use of the observer. NMFS proposes to a standardized system of round weight must be possible to see all locations require that CPs provide the following accounting and offload monitoring. simultaneously. for observers: Because of the wide variation among Each CMP location would be (1) An observer work area for RCRs, NMFS believes a inspected by NMFS or NMFS sampling unsorted crab. The work area performance-based catch monitoring authorized personnel to ensure the must be no less than 6 square meters system is more appropriate for this layout conforms to the elements of the and no less than 1 meter on each side. sector. Under this system, each RCR plan. A CMP that meets all of the The work area must be located within would be required to submit a Catch standards would be approved by NMFS 3 meters of where the vessel crew sort Monitoring Plan (CMP) to NMFS for for 1 year, unless during the year crab. approval. The CMP would detail how changes are made in plant operations or (2) An observer work area for the RCR would meet the following layout that do not conform to the CMP. sampling retained crab. The work area standards for each location where crab After 1 year, NMFS would review the must be no less than 1 meter on each would be received: CMP with plant management to ensure side. The work area must be located (1) All crab, including crab parts, and the CMP has been implemented and the downstream from the scale used to dead or otherwise unmarketable crab, standards continue to be met. weigh total catch and upstream from the must be sorted and weighed by quota Proposed catch weighing standards area where crab are processed. category. The CMP must detail how and for CPs are based on the use of scales (3) The observer work area for where crab are sorted and weighed. approved by NMFS. Because Federal sampling retained crab must be (2) Scales used for weighing crab must and State scale approval standards provided with a NMFS-approved be identified by serial number. differ, most NMFS-approved scales are motion compensated platform scale (3) Scales identified in the CMP must not legal for trade in most States and located within 5 meters of the work be accurate within specified limits. For most State-approved scales do not meet NMFS criteria for inseason testing and area. Clear and unobstructed passage each scale identified in a CMP, a testing auditing. NMFS believes the State in must be provided between the scale and plan must be developed showing how which the landing is made should be the observer work area. The scale must the RCR will test the scale, where the the primary authority responsible for be accompanied with certified test required test weights are located, and approving and testing scales located weights sufficient to test the scale at 10, what personnel are responsible for scale onshore or on vessels anchored inside 25 and 50 kg (or 25, 50 and 100 lb if testing. scale is denominated in lb). The scale the territorial sea and that weighing crab (4) A printed record of the weight of delivered inshore on scales approved by may also be used by vessel crew, but each delivery must be produced. A must be available to the observer at all NMFS is unnecessary. Under existing sample copy of the printed record must State regulations, crab buyers and times. be included in the CMP. (4) Both observer work areas must be processors are required to weigh all (5) The CMP must designate an protected from extreme weather and catch that is bought or sold on observation area. The observation area is unusual safety hazards. State-approved scales. In most states, a location where an individual may (5) Vessel crew may use both observer including Alaska, these scales must be monitor the offloading and weighing of work areas, but the entire area must be inspected annually by State-authorized crab during a delivery. From the available to the observer whenever the inspectors.However, State regulations observation area, an individual must observer is working. generally do not provide for inseason (6) The vessel owner must prepare a have an unobstructed view or be able testing of scales nor do they require that diagram, drawn to scale, showing the otherwise to monitor the entire offload scales produce a printed record of each location of both observer work areas. of crab between the first location where delivery. NMFS believes these are The diagram must be retained on board crab are removed from the boat and a essential features of an acceptable catch the vessel whenever the vessel is location where all sorting has taken weighing system. Therefore, NMFS has harvesting or processing crab quota. place and all quota has been weighed. developed a catch-weighing system that The observation area must be accessible implements these additional features Registered Crab Receivers to authorized personnel, be sheltered within the existing framework of State Catch-Weighing and Monitoring from the weather, and not be exposed to scale inspection and approval. Requirements undue safety hazards. Thus, this proposed rule reflects This proposed rule would establish a (6) The CMP must designate a plant cooperative State and Federal new catch monitoring system for RCRs. liaison. The plant liaison is responsible development of catch weighing The catch management goals established for orienting new observers or requirements for RCRs and includes the by NMFS for the crab fisheries are the NMFS-authorized personnel to the following provisions: same for the inshore and offshore plant, assisting in the resolution of (1) As described above, each RCR sectors. However, NMFS does not NMFS or observer concerns, and would be required to submit a scale believe the regulations developed for informing NMFS if changes are made to testing plan as part of its CMP that CPs are adequate for inshore processors the CMP. describes the procedure the plant will and other RCRs for two reasons. First, (7) The CMP must be accompanied by use to test each scale identified in the inshore processors vary more in size, a scale drawing of the plant showing CMP. The testing plan would list the facilities and layout than do CPs. where crab are removed from a test weights and equipment required to Second, the State is responsible for delivering vessel, the observation area, test the scale, where the test weights approving scales used for trade within all scales used to weigh crab, and each and equipment are stored, and the the State in which the landing is made location where crab is sorted. names of the plant personnel and has developed an effective program (8) All offloading and weighing responsible for testing the scale. Test for their inspection and approval. locations detailed in the CMP must be amounts for various scale types are located on the same vessel or in the shown in Table 15. Catch Monitoring Plans same geographic location. If a CMP (2) Test weights would have to be The catch monitoring system describes facilities for the offloading of certified at least biannually by a developed by NMFS for CPs is based on vessels at more than one location it metrology laboratory approved by the

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63237

National Institute of Standards and (4) Each scale would have to be delivery had been weighed. The Technology (NIST). accurate within the limits specified in printouts must be retained by the plant (3) NMFS or NMFS-authorized Table 15 when tested by the plant staff. and made available to NMFS-authorized personnel could request that any scale (5) Each scale used to weigh catch personnel, including observers. See be tested in accordance with the testing must be equipped with a printer to Tables 15 and 16 for details: plan, provided the scale had not been provide a printout or printouts showing tested and found accurate within the the total weight of each delivery, which past 24 hours. would have to be generated after each

TABLE 15—TEST WEIGHT AND TEST LOAD AMOUNTS THAT WOULD BE REQUIRED TO PERFORM INSEASON TESTING ON VARIOUS SCALE TYPES AND CAPACITIES

Scale Type Capacity1 Test Weights2 Test Loads3

Automatic Hopper 0 to 150 kg Minimum Weighment1 or 10 kg, Minimum1 whichever is greater

Maximum1 Maximum1

Automatic Hopper >150 kg Minimum weighment1 or 10 kg, Minimum1 whichever is greater

25 percent of Maximum1 or 150 Maximum1 kg, whichever is greater

Platform or flatbed 0 to 150 kg 10 kg Not Acceptable

Midpoint

Maximum1

Platform or flatbed >150 kg 10 kg Not Acceptable

12.5 percent of Maximum1 or 75 50 percent of Maximum1 or 75 kg, whichever is greater kg, whichever is greater

25 percent of Maximum1 or 150 75 percent of Maximum1 or 150 kg, whichever is greater kg, whichever is greater 1These amounts will be shown on the scale marking plate. 2Test Weights are weights that have been approved by a NIST-approved laboratory. 3Test load is any combination of approved test weights and other material specified in the scale testing plan. Test material other than test weights must be weighed on an accurate observer platform scale at the time of each use.

TABLE 16—PROPOSED MAXIMUM PER- non-CP catch accounting would take that all required information is MISSIBLE ERRORS FOR INSEASON place, NMFS would require that all crab submitted, that the information entered SCALE TESTING1 retained by a catcher vessel be landed is in correct format, and also that the to an RCR. The proposed regulations do requested user ID is not already in use. Test Load in Scale Maximum Error in not make any exceptions for activities The IERS would generate a PDF Divisions2 Scale Divisions such as dockside sales or tendering. document from the information entered Thus, if a holder of CVO or CVC IFQ by the applicant. The user would sign 0-500 1 wished to sell their own catch to the and submit the form. An Agency IERS 501-2,000 2 general public, the quota holder would staff would review the form, confirm be required to be an RCR and to conduct that the user should be authorized for 2,001-4,000 3 the offload of crab from the vessel in the system, and would activate the user accordance with the requirements on the IERS. The IERS would then send >4,000 4 described above for an RCR. the user(s) an email telling them they can now use their new user ID. 1Maximum permissible errors and testing Interagency Electronic Reporting CR Crab Landing Report. The CR crab procedure for inseason testing are not the System (IERS) same as for State scale approval. A scale that landing report (internet version and fax is accurate for the purposes of inseason test- The RCR would obtain at his or her version) would be submitted through ing may or may not be accurate enough to be approved by the State. own expense, hardware, software, and the IERS, which is the result of 2Division size is shown on the scale’s mark- Internet connectivity to support Internet collaboration among NMFS Alaska ing plate. submissions of the crab rationalization Region, International Pacific Halibut (CR) crab landing report on the IERS. Commission, and State of Alaska, Catcher Vessels Catch Monitoring IERS application for user ID. Each Department of Fish and Game (ADF&G). Requirements RCR permit holder would submit a data- The CR crab landing report is the first Under this proposed rule, NMFS is entry application to the Regional step of a complete, unified IERS that not requiring catcher vessels to weigh Administrator to provide information would be extended in future years to the their own catch. Rather, the proposed needed to process account access into groundfish fisheries, IFQ, and CDQ catch-accounting system would be the IERS. The IERS will provide a web halibut fisheries. This internet report based on data received from the RCR. page where the applicant would enter would replace the paper ADF&G fish Because this is the location where all information. The IERS would confirm ticket for debiting CR crab landings. All

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63238 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

retained CR crab catch would be vendors. Additional details concerning forward EDRs to submitters and collect weighed, reported and debited from the these VMS components may be found in the data. Once received, Pacific States appropriate IFQ or IPQ account under the NMFS’ notice of approval of these would act as a storehouse for the data which the catch was harvested or VMS components published in the and provide it only to authorized users received, as appropriate. The IERS is a Federal Register on April 15, 2004 (69 and only in authorized form. more convenient, accurate, and timely FR 1986). In instances where NMFS economists, method of reporting. Council staff, or other authorized users Additionally, the proposed IERS Economic Data Collection accessing the data for crab management would provide continuous access to IFQ The Program includes a analysis or report purposes request data, and IPQ accounts. These provisions comprehensive economic data Pacific States would furnish them but would make recordkeeping and collection program to aid the Council eliminate or remove the identifiers for reporting requirements less burdensome and NMFS in assessing the success of the submitter. This would make the data on participants by allowing participants the Program and developing ‘‘blind’’ to these users. However, if the to more efficiently monitor his or her amendments necessary to mitigate any data are requested by NMFS accounts and fishing activities. unintended consequences. The data Enforcement, NOAA GC, RAM, DOJ, or would be used to study the economic FTC, and the purpose is connected to Catcher/Processor Offload Report effects of the Program on harvesters, law enforcement or qualification for QS, An RCR receiving CR crab that were processors, and communities. PQS, IFQ, IPQ, and other Federal harvested and processed by a CP must Participation in the data collection permits, Pacific States would provide complete a CP offload report at the time program would be mandatory for all the data and the identity of the of offload and attach a scale printout participants in the fisheries. submitter. showing gross product offload weight. The Magnuson-Stevens Act authorizes Pursuant to a procurement agreement Crab weights must be audited at the a mandatory economic data collection with NMFS, Pacific States would be point of offload. This report would system that would provide analysts with authorized to establish a method and allow audit comparisons of catch information necessary to study the protocol for ensuring accuracy of the accounting information between the impacts of the Program and to ensure data submissions. Measures to verify the vessel’s reported weight of crab with the the Program would equitably distribute accuracy of the data would include observer’s data. benefits between the harvesting and consultation with NMFS economists ECCO Annual Report for an ECC (see processing sectors and provide a stable and analysts to ascertain anomalies, Approval criteria for an Application for economic environment. The outliers, and other deviations from Transfer of QS/IFQ to or from an ECCO). Magnuson-Stevens Act also authorizes averaged variables. The principle means NMFS to supply economic data to the to verify data would be consultation Vessel Monitoring System (VMS) Federal Trade Commission (FTC) and between Pacific States staff and the Requirements the Department of Justice (DOJ) for submitter when questions arise Under the proposed rule, a vessel that analysis by those agencies. The regarding data. To assure timely harvests crab in the crab fisheries, authority to collect a wide variety of resolution of verification consultations, including a vessel harvesting CDQ or economic data from both harvesters and submitters would be required to Adak allocations, would be required to processors is exclusive to the crab respond to Pacific States inquiries have aboard an operating fisheries. within 15 days. Pacific States would NMFS-approved VMS transmitter at any request oral or written confirmation of Selection and Scope of Work for the time when the vessel has crab gear on data submissions and request copies of Data Collection Agent board. These transmitters automatically or review documents or statements that determine the vessel’s location several To address concerns for strict control would substantiate data submissions. times per hour using Global Positioning over sensitive economic data, collection Data in EDRs would be amended by System (GPS) satellites and send the of economic data would not be Pacific States in response to submitter position information to NMFS via a performed by NMFS but by a third-party requests and the results of the follow-up mobile communication service provider. agent, or Data Collection Agent. NMFS verification processes. The VMS transmitters are designed to be has determined the Pacific States EDR audits would occur either tamper-resistant and automatic. The Marine Fisheries Commission (Pacific through random selection or when vessel owner should be unaware of States) would be the Data Collection circumstances require more thorough exactly when the unit is transmitting Agent, although NMFS is authorized to review of the submissions. Pacific and would be unable to alter the signal select any appropriate entity. NMFS States, in instances where a random or the time of transmission. would establish the regulatory structure audit occurs or an audit is otherwise NMFS believes a VMS system is an for mandatory submission of economic justified, would retain a professional essential component of a rationalized data by harvesters and processors. auditor/accounting specialist who crab fishery. A VMS system would Pacific States would establish systems would review and request financial allow NMFS to verify where fishing is for the collection and compilation of the documents substantiating economic taking place and ensure that vessels data. data that is questioned. In an instance harvesting crab were permitted to do so Pacific States, in a cooperative where data cannot be verified or and that harvested IFQ is properly agreement or another form of a concerns resolved by Pacific States, debited. A VMS system also allows procurement agreement with NMFS, NMFS would request referral of the NMFS to track vessels as they arrive in would be authorized to collect data, matter to the auditor for further port to offload crab or crab product. ensure confidentiality of the data by disposition. This helps to ensure all landings are following all statutory and regulatory Pacific States would provide support properly made to an RCR and the data confidentiality guidelines, and for arbitrators for binding arbitration. If landing is properly debited from the IFQ release the data to NMFS and other an arbitrator is involved in price holder’s account. authorized users. Among other duties, determinations for parties to binding NMFS has approved VMS system Pacific States, acting as an agent for arbitration, Pacific States would, at the components manufactured by several NMFS, would identify submitters, request of a binding arbitrator, supply

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63239

detailed revenue, landing, and copies of the forms would also be in the years 1998, 2001, or 2004, as production data to the binding mailed directly to identified persons. there is an insufficient number of CPs to arbitrator. The information supplied to Persons would submit the completed apply a sample based selection the arbitrator by Pacific States would be EDRs to Pacific States. submission requirement. aggregated so as to avoid releasing For shore-side and stationary floating Who Must Provide an EDR confidential information. processors, the submitter of the EDR Participants in the crab fishing would be the owner or lessee of a Type of Data to Be Submitted industry harvesting or processing fish processing company consisting of one or Cost, revenue, production, and under Magnuson-Stevens Act authority more fish processing plants. For ownership data would be submitted in after enactment of Pub. Law 108-199 on processors, the submission of the EDR is an EDR. Relevant state and local January 23, 2004, would submit data in required if they qualified for or received fishing-related taxes would be reported. the EDR. The members of the crab QS, PQS, IFQ, or IPQ. Data would be The data would assist in the analysis of industry include a potentially broad reported for individual plants owned by the variable costs of processors and range of individuals, corporations, the submitter. For historical data harvesters. Data on fixed costs would partnerships, and other business submissions, owners or lessees of not be collected unless such data formations. Both owners and lessees of processing companies processing crab informs the analysis of industry variable fishing vessels and processing in 1998, 2001, or 2004, and who would costs. NMFS would require submission operations would be responsible for be participating in the Program, would of data recommended for collection by submission of the EDR. be required to submit these data in the the Council’s data collection committee. Because of the contractual nature of EDR. This committee reviewed NMFS’ leasing vessels or processing operations, NMFS has determined that there are economist’s data surveys and proposed whether someone has leased a vessel or persons that do have historic data from additional data to be collected. The processing operation remains a private the years 1998 to 2004 that would not surveys that resulted from the business matter and not apparent to be required to submit an EDR. The effect committee deliberations are the NMFS. To ascertain leasing of eliminating this historical data on the foundation for the EDRs. arrangements and determine who is a 18 month and 3 year review of Program To analyze local and regional seafood lessee that should submit an EDR, is not possible to determine at this time, employment, owners and lease holders NMFS would be requiring the lessors to but would be better understood at the of vessels submitting annual EDRs identify his or her lessees in the EDR conclusion of the verification process would submit State of Alaska crew and QS or transfer applications. for historical EDR data. license numbers and Commercial Some members of the harvesting and The owner or lessee of the fishing Fisheries Entry Commission permit processing industry who NMFS has the vessel or processing company required serial numbers of their harvesting and authority to require submission of an to submit the EDR may appoint a processing employees. Additionally, EDR would not be required to submit an contact individual, who on his or her identification of number of employees annual EDR. Persons who hold QS, such behalf, would respond to inquiries and or crew, and their home state or country as those who hold CPC QS, that do not verification processes from Pacific would be provided in the EDRs. own or lease a vessel, would not be States regarding data and the EDR. There would be two variations of the required to submit an annual EDR. Because EDR submission is EDRs, an historic EDR and an annual Additionally, harvesters and processors mandatory, NMFS must ensure there are EDR. The first would require of crab not included in the Program, compliance incentives. In addition to submission of historical-based economic such as Norton Sound red king crab, incentives to avoid enforcement actions, data. Historical data would capture would not be obligated to submit annual another incentive would be to withhold economic data from 1998 through 2004. or historic EDRs for that crab. issuance or transfer of IPQ, PQS, IFQ, or It would capture pre-Program For catcher vessels owners submitting QS should a submitter fail to submit an implementation data for comparison to historic data, there would be a sample EDR. For example, if a prior year’s EDR the economics of harvesting and based selection of owners of these is not submitted by a crab IFQ applicant processing before and after Program vessels for submission of any 3 years who was obligated to submit the EDR, implementation. The annual EDR would selected between1998 through 2004. the permit application would be capture economic data on an annual Catcher vessel owners would not be considered incomplete by NMFS, the basis at the conclusion of each calendar required to submit historical data for all permit application denied and an IAD years’ crab fisheries. years 1998 through 2004 because of the issued setting forth the facts, a For a crab harvester or CP, the annual extraordinary reporting burden this discussion and determination. Upon EDR data collection system is based on would entail. A notice published in the issuance of the IAD, NMFS may collection of data relating to costs and Federal Register would identify each withhold issuance of any new IFQ or revenues for a vessel. For crab vessel selected for submission of catcher IPQ and disapprove any transfer of IFQ, processing entities, the data collection vessel historical data. The owner or IPQ, and/or QS, PQS to or from a permit system is based on collection of costs lessee of the vessel would be required holder until final agency action. An and revenues for a processing company to submit the EDR. aggrieved permit or transfer applicant or plant. Processor submitters would Catcher/processor EDRs would could appeal an IAD through the Office distinguish data stemming from custom consist of one form for annual data and of Administrative Appeals (OAA) in processing and business with affiliated one form for historical data and would NMFS as described at § 680.43. An IAD processors from otherwise standard not require submission of both that is not appealed within 60 days of operations data. ‘‘harvester’’ and ‘‘processor’’ EDRs, issuance of the OAA, would become a The EDR forms would be accessible to unless, the person owned or leased a final agency action. To facilitate NMFS’ submitters on the NMFS Alaska Region vessel that also operated as a catcher determination of whether an application website at www.fakr.noaa.gov. Persons vessel during the specified year. The is complete by virtue of completion of may download the form to complete submitter of the historical EDR for a CP a prior years’ EDR, Pacific States would manually or may complete it would be the owner or lessee of a vessel inform NMFS of the status of EDR electronically on the website. Paper that made at least one landing of crab submissions. If the application was

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63240 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

otherwise complete, NMFS would NMFS would take appropriate actions to by entry-level and small-vessel provide the permit for IFQ or IPQ once provide for its collection to the extent fishermen. the submitter files the EDR with Pacific authorized under the Magnuson-Stevens The Magnuson-Stevens Act specifies States. Act. the following with respect to the To assist determination of whether imposition of cost-recovery fees: Submission Deadlines for EDRs anti-competitive conduct, price (1) Fees are collected to recover actual Submission deadlines for both collusion, or violations of the anti-trust costs directly related to actual historical and annual EDRs would law exist, the Program, principally enforcement and management of an correspond with availability of the data through memorandums of individual fishing quota program or to the submitters, providing sufficient understanding and administrative community development quota program time for preparation, and providing precesses, would authorize and allow that allocates a percentage of the total NMFS with sufficient time to prepare access to data and information to DOJ or allowable catch of a fishery to such reports based on the data for Program FTC. When either DOJ or FTC request program; review. NMFS would require an annual information held by NMFS or any (2) Fees must not exceed 3 percent of EDR be submitted each year on or before NMFS agent, access to it would not be ex-vessel value; May 1, encompassing the previous conditioned or restricted, and access (3) Fees collected under this program calendar year. An EDR for historical would be contemporaneous with the are in addition to any other fees charged data would be submitted no later than request, or provided routinely through a under the Magnuson-Stevens Act; 60 days after the effective date of the data report. For example, Pacific States, (4) With the exception of money final rule. The EDR for catcher vessel who would be a NMFS agent for reserved for the loan program, fees must historic data would be required to be collection of economic data from be deposited in the Limited Access submitted within 60 days of publication members of the crab harvesting and System Administrative Fund (LASAF) of a Federal Register notice identifying processing industry, would provide DOJ in the U.S. Treasury; and vessels that must submit historic data to and FTC access to these data. DOJ and (5) Fees must be collected at either the Pacific States. FTC would also have access to the time of a legal landing of harvested fish, filing of a landing report, or the sale of DOJ/FTC Review of the Program identity of the submitters of the data both for the economic data and any such fish during a fishing season or in Section 313(j)(6) of the other information held by NMFS or its the last quarter of the calendar year in Magnuson-Stevens Act states there is no agents. which the fish are harvested. waiver of the anti-trust laws of the The information that would be Section 313(j) of the United States for persons receiving PQS. available to DOJ and FTC includes the Magnuson-Stevens Act provides that the Anti-trust laws include the Sherman following: all data submitted in EDRs by Secretary will approve a cost recovery Act, (15 U.S.C. sec. 1, et seq.), the any submitter, including catcher vessel program for the Program, conducted in Clayton Act, (15 U.S.C. sec 12, et seq.), owners and lessees, and all varieties of accordance with the existing halibut and the Federal Trade Commission Act processors, including owners and and sablefish cost recovery program. (15 U.S.C. sec. 41, et seq.). The Federal lessees of processing entities. All QS Similar to the halibut and sablefish cost anti-trust laws are enforced by criminal holder information would be accessible recovery program, the Crab and civil enforcement actions brought by DOJ or FTC. This includes Rationalization cost recovery program by the Antitrust Division of the DOJ, information required by and provided in would allow for the collection of actual and civil enforcement actions brought permit applications, transfer of QS , and management and enforcement costs up by the FTC. related forms submitted to RAM. If an to 3 percent of ex-vessel gross revenues Although the Program proposes caps application requires submission of a and a loan program based on 25 percent and limitations on the accumulation copy of a contract for sale of QS or a of the fees collected. and holding of PQS, there remains permit for annual issuance of IFQ or Section 313(j) provides several potential for consolidations resulting in IPQ, a copy of such contract could be additional provisions specific to the cost anti-competitive conduct or price accessed by DOJ or FTC. recovery program to accommodate the collusion. To the extent possible processing component of the Program through information collectible in the Cost Recovery and Fee Collection and to address problems experienced Program and to reduce the potential for Section 304(d)(2)(A) of the under the halibut and sablefish cost violations of the anti-trust laws and Magnuson-Stevens Act requires the recovery program. Unique to Crab related concerns, the Program would Secretary to ‘‘collect a fee to recover the Rationalization, the Council authorized provide for review of processor activity actual costs directly related to the the collection of 133 percent of actual by DOJ, or FTC. This information would management and enforcement of costs of management, which would assist analysis of consolidations and any...individual fishing quota program provide for fuller reimbursement of the market impacts of processor activities. [or] community development quota management and enforcement costs of Pursuant to section 313(j)(6) of the program.’’ As a quota program, the the program after allocation of 25 Magnuson-Stevens Act, NMFS has Program must follow the statutory percent of the cost recovery to the loan consulted with DOJ and FTC to develop provisions set forth by section 304(d) program. Additionally, the Council and implement a system for accessing and section 313(j) of the provided that cost recovery fees would data and information DOJ and FTC have Magnuson-Stevens Act. be paid in equal shares by the identified as helpful to them. In general, Paragraphs 304(d)(2)(B) and (C) of the harvesting and processing sectors and access to collected information in the Magnuson-Stevens Act specify an upper that CPs, being a combination of both Program would shorten investigation limit on fees, when the fees must be sectors, would pay the full fee time by DOJ or FTC and possibly lead collected, and where the fees must be percentage. to earlier detection of anti-competitive deposited. Section 303(d)(4) of the conduct. Access to the information Magnuson-Stevens Act allows NMFS to Cost Recovery Program Description would be for the perpetuity of the reserve up to 25 percent of the fees NMFS developed the cost recovery Program. Should DOJ and FTC require collected for use in a loan program to program in conformance with statutory additional information in the future, aid in financing the purchase of quota requirements and to provide for partial

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63241

compensation to the agency for the Fee Percentage Ex-vessel Value added costs of management and Three percent of the ex-vessel value of Throughout this section, ‘‘value’’ enforcement of the Program. Key refers to the worth, in U.S. dollars, of provisions of the cost recovery program crab harvested under a quota program is the maximum fee amount allowed by any amount of crab as determined by include (1) a new definition and the sale, or potential economic return application of ‘‘fee liability,’’ (2) the section 304(d)(2)(B) of the Magnuson-Stevens Act. This proposed for the sale, of those crab. ‘‘Value’’ shall establishment of an RCR permit system also include any money, services, or to streamline management and rule would set a 3 percent fee at the start of each crab fishing year, but would goods-in-kind exchanged for crab. reporting, (3) the establishment of a ‘‘Price’’ is the worth in U.S. dollars, for ‘‘crab fishing year’’ for biological and allow the Regional Administrator to reduce the fee percentage if actual 1 lb (0.45 kg) of crab debited from any administrative purposes, and (4) a new allocation. Therefore, in this context, administrative process that requires the management and enforcement costs could be recovered by using a smaller value and price mean the same thing collection and submission of fees by only when describing the worth of 1 lb RCRs rather than requiring separate percentage. NMFS recognizes that in order for fishermen to budget their (0.45 kg) of crab when sold. For billings for each individual crab purposes of determining cost recovery costs, they need to know the fee rationalized allocation (crab allocation) fees, NMFS would distinguish between percentage that would apply to any crab holder. The crab allocations include two types of ex-vessel values: deducted from a crab allocation in a IFQ, Crew IFQ, IPQ, CDQ, and the Adak ‘‘shoreside ex-vessel value’’ and ‘‘CP crab fishing year at the time of sale. community allocation. This system ex-vessel value.’’ Shoreside ex-vessel Based on preliminary calculations, would impose less of an administrative value would be the amount of money an NMFS expects that 3 percent of burden on the industry as a whole, RCR permit holder paid for any crab he ex-vessel value would not cover the provide more efficiency in the agency or she received. As explained below, management and enforcement costs of administrative process, and reduce the this proposed rule would establish CP the Program. NMFS proposes to begin overall cost of managing the Program. ex-vessel values to accommodate the the cost recovery program by using the Generally, any crab allocation holder special conditions for CPs who conduct maximum of 3 percent and, if possible, would incur a cost recovery fee liability processing on board the vessel. for every pound of crab landed in the adjusting the fee downward in the crab fisheries. The RCR permit holder following season. The fee percentage Shoreside Processor Ex-vessel Value would be responsible for collecting any calculation adjusts for overpayment of For the shoreside processing sector, fee liability for the crab allocation the management and enforcement costs NMFS would define ex-vessel value as holder landing crab and self-collecting through a variable that considers the the value paid by the RCR to the any fee liability for all crab landed at balance in the LASAF account. allocation holder at the time of receipt. that facility. Under a CDQ or the Adak Calculating Ex-vessel Value Shoreside RCR permit holders would community allocation, the harvester calculate and retain both the harvesting delivering the crab on behalf of the The ex-vessel value of a crab landing and processing sector’s fee liability community entity to the RCR would be would equal the sum of all payments of portions for any crab debited from an responsible for paying the harvester monetary worth made to fishermen for allocation based on the value paid for share of the fee liability at the time of the sale of crab (e.g., ex-vessel value = that crab. This method of determining landing to the RCR. The RCR permit cash payment + bait discount from ex-vessel value for the shoreside holder would be responsible for processor + bonus). This would include processing sector requires no prior submitting this payment to NMFS on or any retro-payments (e.g., bonuses, calculation of ex-vessel value by NMFS before the due date of July 31 following delayed partial payments, post-season because the shoreside processors would the crab fishing year in which payment payments) made to any crab allocation determine the ex-vessel value at the for the crab was made. The dollar holder for previously received crab. time they receive the crab from the amount of the fee due would be Retro-payments would be part of the allocation holder. Shoreside processors determined by multiplying the fee ex-vessel value and, as such, carry a fee would pay the actual ex-vessel value, percentage (not to exceed 3 percent) by liability. The fee liability for which they would also use to calculate the ex-vessel value of crab debited from retro-payments would be based on the fee liability. the allocation. crab fee percentage in effect at the time the crab was received by the RCR. If CP Ex-vessel Value Registered Crab Receiver crab allocation holders receive For the CP sector, NMFS would NMFS determined the need for a focal retro-payments after the initial payment, calculate the ex-vessel value based on a point for landing crab to ensure proper but during the same crab fishing year, weighted average of previous years’ monitoring and enforcement of the the cost recovery fee for those shoreside ex-vessel values. This method rationalized fishery. Subsequently, retro-payments would be due by the correlates with an existing method used NMFS determined that, under the following July 31. If retro-payments to calculate standard prices under the Program, it must identify and receive were received by crab allocation holders halibut and sablefish IFQ program. reporting from all entities that receive during the year following the crab NMFS determined that using the and/or process crab. As a result, NMFS fishing year when those crab were weighted average method for CPs concluded that all persons who receive landed, cost recovery fees associated represents the method best suited for and/or process crab must apply for and with those post-season retro-payments achieving both equity and accurate possess an RCR permit before receiving would be due the following July 31. In accounting for the CP sector. Based on any crab. This designation would ensure other words, no matter when the crab the information received through the that all processors who receive crab, was received by the RCR, the cost electronic reporting system, NMFS whether or not they possess IPQ, would recovery fee would be due by July 31 of would annually calculate and publish in be responsible for any fee liabilities the crab fishing year following the crab the Federal Register a list of CP associated with any crab received by fishing year in which payment was standard prices broken down by crab those processors. received. species, month, and port or port group.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63242 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

The CP standard prices would remain permit holder would calculate fee publish the fee percentage calculation in in effect until changed by the Regional liabilities. the Federal Register prior to fishing for Administrator through publication in Example of Ex-vessel Value the pending crab fishing year. All RCRs the Federal Register the following year. Determination. A crab allocation would apply that fee percentage to any The Regional Administrator would fisherman makes a landing of Bristol crab they receive or process during the revise the CP standard prices annually Bay red king crab at Dutch Harbor in period in which the fee percentage based on information regarding current February that results in a debit of 1,000 applies. volume and value provided by RCRs lb (0.35 mt) from his or her allocation RCR permit holders must collect all operating as shoreside processors. The (1,000 raw crab pounds). He or she sells fee liabilities for any crab received and CP standard prices would be calculated all the crab to a shoreside processor for debited from a crab allocation by NMFS to reflect as accurately as $1.00 per pound. If the fee percentage is throughout the fishing year and submit practical the seasonal and regional 3 percent, then a shoreside RCR who those fees by July 31 of the following variations in the shoreside ex-vessel receives the crab would deduct $.015 for crab fishing year. Early payments would prices of crab. each pound of crab received from what be allowed but would not relieve an The information that would be he or she pays the allocation holder who RCR permit holder from any associated reviewed by the Regional Administrator landed the crab. The RCR would be reporting requirements. responsible for an additional $.015 for to determine CP standard prices would Payment Compliance include the following: (1) Landed each pound of crab received after An RCR permit holder who has pounds by crab species, port or payment to the allocation holder for a incurred a fee liability would be port-group, and date; (2) Total ex-vessel total of $.03 on every $1.00 of crab, or required to pay the fee to NMFS by July value by species, port or port-group, and 3 percent. On the other hand, a CP 31 of the year following the crab fishing date; and (3) Price adjustments based on would be responsible for the full 3 year in which the applicable crab was retro-payments. percent from the same landing of crab. The RCR would determine the ex-vessel debited from a crab allocation and Fee Liability value as follows: payment was made. The issuance of new permits would be contingent on an (Raw Crab Pounds Sold × Price per crab lb) Under this proposed rule, NMFS RCR’s submission of his or her full fee would identify the crab cost recovery × Fee Percentage = allocation or RCR Permit Holder Fee liability as indicated by his or her own fee liability as the total fee owed by a reporting. NMFS would provide due × × crab allocation holder based on the CP: (1,000 IFQ lb $1.00/IFQ lb) 0.03 = process under an administrative appeals applicable period’s fee percentage and $30.00 system similar to that of the halibut and the ex-vessel value for the crab species, Shoreside Processor: (1,000 IFQ lb × $1.00/ sablefish IFQ program for any RCRs who as calculated according to IFQ lb) × 0.015 = $15.00 choose to challenge any dispute § 680.44(a)(2)(ii), including any × regarding fee liability based on the RCRs retro-payments, penalties, or interest. Allocation Harvester: (1,000 IFQ lb $1.00/ IFQ lb) × 0.015 = $15.00 own submitted data. However, no Fee liability would be calculated by permit would be issued until his or her multiplying the fee percentage by the Fishing Year full fee liability is received or there is ex-vessel value of the crab. For example, NMFS determined the need for a final agency action resolved in favor of a crab allocation holder who lands 10 ‘‘crab fishing year’’ to accommodate the RCR. Furthermore, any RCR that pounds (4.54 kg) of crab at an ex-vessel biological and administrative fraudulently submits required price of $1 a pound under a fee requirements of the crab fishery. The information regarding cost recovery fee percentage of 3 percent is subject to and proposed crab fishing year would run collection would face an enforcement must pay a fee of $0.03 for that crab. from July 1 to June 30 to support action under the prohibitions for this A fee liability would attach to any molting and mating requirements for section. crab debited from an allocation during crab, required biological surveys, the If an RCR permit holder has made a a crab fishing year. By using the State’s calculation of the TAC, and timely payment to NMFS of any amount ‘‘debited’’ designation rather than the Federal administrative application and less than the fee liability indicated by term ‘‘landed,’’ NMFS created a more permitting requirements. The proposed the RCR permit holder’s own reporting, specific method of ensuring that RCRs rule would require all RCRs to submit the RCR permit holder has the burden properly apply fee liability to crab. The all fee liabilities and any associated of demonstrating the fee amount use of the term ‘‘landed’’ contradicts documentation by July 31 of the submitted is correct. If, upon Council intent to avoid imposing fees on following crab fishing year. preliminary review of the accuracy and forfeited or confiscated crab. Although completeness of a fee payment, NMFS deadloss must be debited from Payment Submission determines the RCR permit holder has allocations by statute and thus be Instead of a billing system similar to not paid a sufficient amount, NMFS subject to crab cost recovery fee the halibut and sablefish IFQ program, would, at any time thereafter, send an liability, the ex-vessel value of deadloss this proposed rule would require all IAD to the RCR permit holder. The IAD would most likely be $0 and would RCRs to retain, document, and submit would present the facts, explain those result in no fees. all fee liabilities for themselves and any facts within the context of the relevant Fee Liability Calculation. The fee crab allocation holders from which they agency policies and regulations, and amount would be the product (in U.S. receive crab. NMFS determined that this make a determination as to the dollars) of multiplying the appropriate method provides the highest degree of appropriate disposition of the matter. In ex-vessel value by the fee percentage administrative efficiency with the the IAD, NMFS would explain that the (up to 3 percent). The RCR permit lowest burden on the affected public. RCR permit holder’s estimated fee holder would document the calculations Under this method, NMFS would liability failed to correspond with the of fees based on applicable ex-vessel establish the fee percentage for the RCR permit holder’s own reporting and values through the electronic reporting pending year based on a calculation would provide the correct fee liability system provided by NMFS. The similar to that used under the halibut due as calculated from the RCR permit following example shows how an RCR and sablefish model. NMFS would holder’s own reporting. Upon issuance

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63243

of an IAD, NMFS may withhold directly related to the management and CPs. In § 679.5, paragraph (C)(1) would issuance of any new IFQ, IPQ, or RCR enforcement of the Adak community be revised to include crab numbers, crab permit and disapprove any transfer of allocation. NMFS and ADF&G believe weight in pounds, and Federal crab IFQ, IPQ, PQS, and/or QS to or from the there would be increased management vessel permit number. RCR permit holder until final agency and enforcement costs associated with In § 679.5, regulations for the product action is taken. An aggrieved RCR the CDQ and Adak community transfer report (PTR), as well as the PTR permit holder could appeal an IAD allocations under the Program. form, would be revised so the PTR through the OAA as described at Therefore, all fee liability provisions could also be used to document § 679.43. An IAD that is not appealed to would apply equally to any allocation of shipments of crab managed under 50 the OAA within 60 days of issuance in crab regardless of its designation under CFR part 680. Paragraph (g)(1) would be NMFS would become a final agency the Program. revised by splitting the paragraph into action. Section 305(i)(3), requires the three subparagraphs. Paragraph (g)(1)(i) Upon final agency action, the RCR Secretary to deduct the costs incurred would describe PTR requirements when would remain subject to several by participants in a community documenting shipments of groundfish. conditions. If the final agency action development quota program for observer The operator of a mothership or CP or determines the RCR permit holder owes and reporting requirements that are in the manager of a shoreside processor or additional fees and if the RCR permit addition to observer and reporting SFP is responsible for the PTR. holder has not paid such fees, no new requirements of other participants in the Paragraph (g)(1)(ii) would describe PTR RCR, IFQ, or IPQ permit(s) would be fishery from any fees collected under requirements when documenting issued to the RCR permit holder for the section 304(d)(2). ADF&G confirmed its shipments of IFQ halibut, IFQ sablefish, current or subsequent crab fishing years intention to manage the Adak and CDQ halibut. The Registered Buyer until the required payment is received community allocation similar to a CDQ is responsible for the PTR. Paragraph by NMFS. Additionally, the RCR permit allocation under its management (g)(1)(iii) would describe new PTR holder would continue to be restricted authority. ADF&G also stated it does not requirements when documenting from transferring or receiving by transfer intend to impose any observer and shipments of crab. The RCR would be any PQS, QS, IFQ or IPQ. An RCR reporting requirements for the responsible for the PTR. permit holder could pay, under protest, community allocations beyond those The requirements for the receiver of the disputed fee difference in order to required for any other allocation under fish to submit a PTR would be removed avoid permit restrictions. If NMFS does the Program. Therefore, no deductible from § 679.5(g). The NOAA Fisheries not receive the required payment within costs would exist for any community Office for Law Enforcement (OLE) has 30 days of the issuance of the final development quota program under this determined that it is no longer necessary agency action, NMFS would refer the Program. This allows for a uniform and for a receiver to submit a PTR. matter to the appropriate authorities administratively simple fee calculation Therefore, only shipments of fish would within the U.S. Treasury for purposes of and payment system for the entire cost be documented on a PTR. collection. recovery program. In § 679.5, a new heading, ‘‘Exceptions’’ would be added as new Limited Access System Administrative Annual Report paragraph (g)(2). Paragraphs (g)(1)(i) Fund (LASAF) NMFS would publish an annual through (iii) and (g)(1)(v) and (vi) would Most of the fees collected would be report on the performance of the cost be redesignated as (g)(2)(i) through (v), deposited in the LASAF established in recovery program. The annual report, respectively. Paragraph (g)(1)(iv) would the U.S. Treasury. Up to 25 percent which could be included with other be removed because the requirement for could be deposited separately in the reports on the performance of the receivers to submit a PTR is removed. U.S. Treasury and made available to Program, would provide information Newly redesignated paragraph (g)(2)(i) cover the costs of the loan program, as regarding the amount of the fees ‘‘Bait sales (non-IFQ groundfish only)’’ required by sections 304(d)(2)(C) and received by NMFS, the disposition of would be revised to clarify the 313(j) of the Magnuson-Stevens Act. the fees, the status of the Program’s requirement. Newly redesignated Separate accounts would be created account in the LASAF, and the Program paragraph (g)(2)(ii) ‘‘Retail sales’’ would within the LASAF to ensure that NMFS costs for the previous year. be revised to create paragraphs (g)(ii)(A) would use funds from the Program’s and (ii)(B). Paragraph (g)(ii)(A) would cost recovery only to pay for the costs Section 679.5 Recordkeeping and address existing requirements for retail directly related to the management and Reporting (R&R) sales of IFQ halibut, IFQ sablefish, CDQ enforcement of the Program, and not In § 679.5, paragraph (a)(7)(i) would halibut, and non-IFQ groundfish. other limited access programs. be revised by adding a new paragraph Paragraph (g)(ii)(B) would add new (a)(7)(i)(B) to describe the added fishing requirements for retail sales of crab. Community Development Quota Fee activities of shoreside processors and Newly redesignated paragraph (g)(iv)(A) Provisions stationary floating processors (SFPs) of ‘‘Dockside sales’’ would be revised by Section 304(d)(2)(A) of the ‘‘purchase or arrange to purchase’’ and removing ‘‘IFQ fish’’ and adding in its Magnuson-Stevens Act requires the by redesignating (a)(7)(i)(B) through (E) place ‘‘IFQ halibut and IFQ sablefish.’’ Secretary to collect a fee to recover the as (a)(7)(i)(C) through (i)(F), Newly redesignated paragraph (g)(v) actual costs directly related to the respectively. Newly redesignated ‘‘Transfer directly from the landing site management and enforcement of any paragraph (a)(7)(i)(C) would be revised to a processing facility ...’’ would be community development quota by removing reference to shoreside revised to include shipment of crab. program. Community development processors and SFPs. Paragraph (g)(v)(A) would address the quota programs under the Program The longline and pot gear daily current IFQ landing report receipt include those CDQ allocations fishing logbook (DFL) and longline and requirements for CDQ halibut, IFQ established under section 305(i). pot gear daily cumulative production halibut, and IFQ sablefish. Paragraph Additionally, Magnuson-Stevens Act logbook (DCPL) would be revised for (g)(v)(B) would describe new section 313(j) requires the Secretary to use by the operator on crab catcher requirements for crab landing report collect a fee to recover the actual costs vessels of all lengths and on all crab receipt. Paragraphs (g)(v)(A) and

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63244 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(g)(v)(B) would further be revised by to upgrade every time software changes. table previously occurred in the removing ‘‘(Internet or transaction Internet use costs are relatively low. regulatory text at § 679.5(a)(15) as an terminal receipt)’’ and by adding in its There would be no NMFS telephone intext table. Table 13 would be revised place ‘‘(Internet receipt).’’ Paragraphs charges or equipment maintenance. to include paperwork requirements for (g)(v)(C) and (g)(v)(D) would be revised Because IFQ fees are charged for NMFS crab transfers. In Section 679, paragraph to include the crab landing report program costs, user fees may well be (a)(15) would be revised to reference receipt. lower when ATMs are no longer used. Table 13. Newly redesignated paragraph (g)(3) All of NMFS Alaska Region reporting Table 14a to part 679—Port of would be revised to include within the next 1–2 years is planned to Landing Codes, Alaska—and Table 14b requirements for an RCR. Paragraph be via an Internet- based interagency to part 679—Port of Landing Codes, (g)(3)(iii) would be revised to remove electronic ‘‘fish ticket’’ or ‘‘shared Non-Alaska—would be indicated for use ‘‘ensure ... a revised PTR is submitted’’ reporting system’’ with the State of by crab participants completing and would be replaced by ‘‘submit a Alaska and International Pacific Halibut paperwork requirements. Table 14b revised PTR.’’ Commission. The ATMs are obsolete would be revised by moving the port of The heading of newly redesignated when compared with this envisioned Olympia from the state of Oregon and paragraph (g)(4) would be revised by new system. placing it under the state of Washington. removing ‘‘general information’’ and by NMFS Alaska Region introduced use Table 14c At-sea Operation Type Codes adding in its place ‘‘required of an Internet alternative for IFQ landing would be added for use by crab information.’’ Paragraph (g)(4) would be reports in June 2002. In 2004, 97 percent participants. revised to include requirements for an of reports were submitted electronically, Table 15 to part 679—Gear Codes, RCR. Paragraph (g)(4)(i) would be and of all reports, 84 percent were made Descriptions, and Use—would be revised. The OLE has determined that a using the Internet system. In 2004 to indicated for use by crab participants confirmation number documenting date, all but 12 of the locations from completing paperwork requirements. receipt of a PTR by NMFS would be which landings were filed have used the Table 15 would be revised by adding a beneficial to record tracking. The Internet at least once, indicating that column for crab and indicating pot gear. fishermen would submit the PTR to almost everyone has the capability to Part 680 would have nine tables to OLE, who would return by e-mail the use the Internet. However, since 1995, support the regulatory text. Table 1 to confirmation number for each PTR NMFS Alaska Region has offered a Part 680—Crab Rationalized (CR) submitted. limited-use manual backup system for Fisheries—presents the crab species that The vessel activity report (VAR) those persons who are unable to report are included in the Crab Rationalization would be revised for use by the operator electronically. Program and areas where each crab on crab vessels required to obtain a In § 679.5, text referring to the ATM species occurs. The coordinates for each Federal Crab Fishing Vessel permit. terminal would be removed from area are given in latitude and longitude. Section 679.5(k) would be revised to paragraphs (l)(2)(iii)(M), (l)(2)(iv), A 3-digit alphabetic code is given for require a catcher vessel of any length (l)(2)(iv)(A), (l)(2)(iv)(C), and each combination of crab species and that is required to obtain a Federal Crab (l)(2)(iv)(D). In addition, the Federal area. Fishing Vessel permit that has fish, fish Fisheries Permit application would be products, shellfish, or shellfish products revised to remove references to the ATM Table 2 to Part 680—Crab Species to submit a VAR prior to crossing the terminal. Codes—presents 3-digit numeric species seaward boundary of the EEZ off Alaska In § 679.5(l), two of the existing IFQ codes for the crab species that occur in or the U.S.-Canadian international forms would be revised for use by the the EEZ off the coast of Alaska. Both boundary between Alaska and British operator on crab vessels of any length common names and Latin names are Columbia. required to obtain a Federal Crab provided. Use of the ATM terminals for Fishing Vessel permit: Paragraph (l)(3) Table 3a to Part 680—Crab Delivery submitting IFQ landing reports for IFQ would be revised to require a Condition Codes—presents codes to halibut, IFQ sablefish, and CDQ halibut transshipment authorization from an represent the condition of the shellfish would be removed, because ATM OLE clearance officer prior to crab or at the point it is weighed and recorded terminals and associated printers have crab products being transferred between on an ADF&G fish ticket. become obsolete, in fact have not been vessels. Table 3b to Part 680—Crab manufactured since 2001. It is no longer In § 679.5, paragraph (l)(4) would be Disposition or Product Codes—presents possible to obtain new units or parts for revised to require the RCR to submit a codes to represent the product that was existing terminals or ribbons for the Departure Report prior to departing the made from the crab or whether the crab printers. waters of the EEZ adjacent to the was used for personal use. Internet and ATMs are completely jurisdictional waters of the State of Table 4 to Part 680—Crab Process different technologies, that require Alaska, the territorial sea of the State of Codes—presents codes to represent the entirely separate software to run them. Alaska, or the internal waters of the process used to create the crab product. NMFS Alaska Region can no longer State of Alaska when crab are on board. Table 5 to Part 680—Crab Size— afford staff resources to maintain two In § 679.28, paragraph (f)(4)(i) would presents codes to represent the size of electronic reporting systems for IFQ be changed by adding the requirements crab product. halibut, CDQ halibut, and IFQ sablefish. to enter the Federal crab vessel permit Table 6 to Part 680—Crab Grade— Internet is easier and more convenient number to the VMS check-in report and presents codes to represent quality of for constituents to use and less prone to by removing outdated text ‘‘and crab product. result in incorrect account. Users would approximately when and where the Table 7 to Part 680—Eligibility for have a larger screen with which to vessel began fishing.’’ Removal of this Initial Issuance of Crab QS by Crab QS review all data at the same time and outdated text would align the Fishery—presents the qualifying years make corrections before submitting as regulations at § 679.28 with NMFS’ for CVO and CPO QS, the qualifying compared with the small LED display current VMS policy. years for CVC and CPC QS, recent for ATMs. Another advantage of the A new Table 13 to part 679—Transfer participation seasons for CVC and CPC Internet is the fact that users won’t have Form Summary—would be added. This QS, and subsets of qualifying years that

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63245

can be used to calculate QS for each QS considered. Of those entities, 223 are would all be considered small fishery. small entities because they either government jurisdictions. Each of the Table 8 to Part 680—Initial QS and generated 3.5 million or less in gross communities have populations well PQS Pool for each Crab QS Fishery— revenue, based on participation in 1998, under the 50,000 limit for consideration presents the initial QS pool for the eight 1999, or 2000, or they are independent as a small entity. crab QS fisheries. entities not affiliated with a processor Other supporting businesses may also Table 9 to Part 680—Eligibility for that would increase the entities average be indirectly affected by this action if it Initial Issuance of Crab PQS by Crab QS revenue above the small business size leads to fewer vessels participating in Fishery—presents for each crab QS standards. Thirteen of the entities the fishery. These impacts are treated in fishery, the qualifying periods used to (owning 38 vessels) are considered the RIR prepared for this action (see determine the allocation of PQS. non-small entities. NMFS requests ADDRESSES). The Council considered an extensive Classification public comment on which small business size standard is appropriate for and elaborate series of alternatives, The Magnuson-Stevens Act mandates catcher processors: the catcher vessel options, and suboptions as it designed that NMFS approve Amendment 18 to size standard or the processor size and evaluated the potential for the FMP by January 1, 2005. At this standard (see ADDRESSES). rationalization of the BSAI crab time, NMFS has not determined that A total of 134 entities made at least fisheries, including the ‘‘no action’’ Amendment 19 and the provisions in one crab landing from 1991 to 2000, but alternative. The RIR presents the this rule that would implement do not appear to qualify for an initial complete set of alternatives, in various Amendments 18 and 19 are consistent allocation of QS. Five of these entities combinations with the complex suite of with the national standards of the are not small entities and 129 qualify as options. The EIS presents four Magnuson-Stevens Act and other ‘‘small’’ by SBA standards. The alternative programs for management of applicable laws. NMFS, in making the non-small entities owned a total of nine the BSAI crab fisheries, namely, Status determination that this proposed rule is catcher vessels. The small entities Quo/No Action (Alternative 1); the Crab consistent, will take into account the owned a total of 155 catcher vessels and Rationalization Program (Alternative 2); data, views, and comments received one CP. By and large, vessels that do not an Individual Fisherman’s Quota (IFQ) during the comment period (see DATES). qualify for the Program either left the Program (Alternative 3); and a A Regulatory Impact Review (RIR) fishery or currently fish under interim Cooperative Program (Alternative 4). was prepared to assess all costs and LLP licenses. Moreover, the vessels the These alternatives constitute the suite of benefits of available regulatory IRFA considers ‘‘non-qualified’’ could ‘‘significant alternatives’’, under the alternatives. The RIR considers all not or would not be allowed to continue proposed action, for RFA purposes. quantitative and qualitative measures. fishing under the current LLP. The Each is addressed briefly below. Please The Program was chosen based on those impacts to the small entities that would refer to the EIS and its appendices for measures that maximize net benefits to be prohibited from fishing by the LLP more detail (see ADDRESSES). The affected participants in the BSAI crab were analyzed in the RIR/IRFA and following is a summary of the contents fisheries. Additionally, a draft initial FRFA prepared for the LLP. Therefore, of those more extensive analyses, regulatory flexibility analysis (IRFA) the non-qualified vessels are not specifically focusing on the aspects was prepared that describes the impact considered impacted by the proposed which pertain to small entities. this proposed rule would have on small rule and are not discussed in this IRFA. Under the status quo, the BSAI crab entities. Copies of the RIR/draft IRFA Eight small entities and nine fisheries have followed the well known prepared for this proposed rule are non-small entities appear to qualify for pattern associated with managed open available from NMFS (see ADDRESSES). processor allocations based on access. Enticed by the prospect of The complete IRFA includes the draft participation during 1998 and 1999. capturing 100 percent of the benefits, IRFA and this preamble document. The These totals exclude CPs, which are while externalizing all but a very small IRFA describes in detail the reasons included in the vessel discussion. The ‘‘common’’ share of the cost of an why this action is being proposed, nine inshore processors are considered individual fishing decision (i.e., no describes the objectives and legal basis non-small entities because they appear enforceable ownership rights to ration for the proposed rule, and discusses to exceed the ‘‘500 or more employees’’ access) these BSAI crab fisheries have both small and non-small regulated threshold when all their affiliates, been characterized by ‘‘race-for-fish’’, entities to adequately characterize the worldwide, are included. The nine large capital stuffing behavior, excessive risk fishery participants. Section 313(j) of processing entities owned 28 separate taking, and a dissipation of potential the Magnuson-Stevens Act provides the crab processing facilities, and the eight rents. In the face of substantial stock legal basis for the proposed rule, namely small processing entities owned 10 declines, participants in these fisheries to achieve the objective of reducing plants. Forty-three small processing are confronted by significant surplus excessive fishing capacity and ending entities (owning 50 plants) appear not to capacity (in both the harvesting and the race for fish under the current qualify for initial PQS allocations. processing sectors), financial distress management strategy for commercial Thirteen communities could be (for some, failure), and widespread fishing vessels operating in the BSAI directly impacted by the regionalization economic instability, all contributing to crab fisheries. By ending the race for provisions under consideration. The resource conservation and management fish, NMFS expects the proposed action overall impact on communities cannot difficulties. to increase resource conservation, be determined until NMFS makes all of In response to worsening biological, improve economic efficiency, and the allocations of processing shares. At economic, social, and structural address social concerns. a minimum, St. Paul, St. George, Adak, conditions in many of the BSAI crab The IRFA contains a description and Akutan, Dutch Harbor, King Cove, False fisheries, the Council found that the estimate of the number of small entities Pass, Ninilchik, Homer, Port Moller, status quo management structure was to which the proposed rule would Cordova, and Kodiak possess recorded causing significant adverse impacts to apply. Approximately 236 entities own landings in the crab fisheries under any the participants in these fisheries, as crab harvest vessels that are directly of the alternatives. The communities well as the communities that depend on regulated under the alternatives where these processors are located these fisheries. As indicated in the

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63246 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

IRFA, many small entities, as defined benefit, the IFQ alternative likely would regions would receive allocations of under RFA, are negatively impacted increase the negative economic impacts landings and processing activity. These under current managed open access relative to status quo on processor and three separate allocations are also rules. The management tools in the community small entities. Specifically, intended to mitigate the negative effects existing FMP (e.g., time/area restriction, as discussed in the RIR and SIA, of the transition from a regulated open LLP, pot limits) do not provide harvesters may deliver crab to new access race-for-fish to rationalized managers with the ability to effectively processors in locations with more access fisheries, burdens which tend to fall solve these problems, thereby making to the outside world, forcing the closing most heavily on small entities. Magnuson-Stevens Act goals difficult to of processing facilities in remote areas, The competing interests of harvesters achieve and forcing reevaluation of the such as Saint Paul, Saint George, and and processors, many of which are existing FMP. Unalaska/Dutch Harbor. small entities, are balanced by allocating In an effort to alleviate the problems The Cooperative alternative yields different portions of the total harvest to caused by excess capacity and the race many of the positive economic, social, the two sectors. Harvesters would be for fish, the Council determined that the and structural results cited above for the allocated harvest shares for 100 percent institution of some form of IFQ alternative. In addition, however, of the TAC, minus the community rationalization program is needed to the Cooperative alternative holds out allocations. Processors would be improve crab fisheries management in the promise of providing efficiency allocated processing shares for 90 accordance with the Magnuson-Stevens gains to both small entity harvesters and percent of the TAC. To ensure Act. the processors. Data on cost and corresponding allocations to the two The IFQ alternative would, as the operating structure within each sector sectors, 90 percent of the harvest name implies, allocate individual shares are unavailable, so a quantitative allocation is allocated as Class A IFQ of the crab TAC to harvesters, imparting evaluation of the size and distribution of that require delivery to a processor that a ‘‘quasi-private property interest’’ (i.e. these gains, accruing to each sector holds IPQ. The remaining 10 percent a transferrable access privilege) in a under this management regime, cannot would be Class B IFQ shares that can be share of the TAC, thus removing the be provided. Nonetheless, it appears delivered to any processor. Under the undesirable ‘‘common property’’ that the Cooperative alternative offers Program, harvesters (many of whom, as attributes of the status quo on qualifying all of the same ‘‘improvements’’ over the noted, are small entities) would be harvesters. The rationalization of the status quo as does the IFQ alternative permitted to form cooperatives to BSAI crab fisheries would likely benefit (e.g, institution of achieve efficiencies and reduce the approximately 223 businesses that ‘‘rights-based-management’’ structure, transaction costs through the own harvest vessels and are considered reduction in uncertainty) while coordination of harvest activities and small entities. In recent years these including another of the populations of deliveries to processors. entities have competed in the race to participants the Council expressed Small harvester entities that receive fish against larger businesses. The IFQ explicit concern about protecting, in its allocations large enough to support their alternative would allow these operators problem statement and objectives for to slow their rate of fishing and give this action (i.e., crab processors). While, participation could benefit from not more attention to efficiency. Some of on the basis of available information, needing to participate in the race for these operations and the vessels they the Cooperative alternative appears to fish, as with the IFQ alternative. The use could be negatively impacted if the minimize negative economic impacts on portion of the fishery allocated as Class allocations they qualify for are small small entities to a greater extent than B IFQ, also known as open delivery IFQ, and cannot be fished economically. The does an IFQ alternative, and both appear would also impact the effects of the participants, however, would be to minimize negative economic impacts Program on small harvesters, since Class permitted to lease or sell their compared to the Status Quo, it is B IFQ are likely to provide harvesters allocations, and could obtain some apparent, on the basis of the EIS and with additional power in their delivery return from their allocations. RIR analyses, that the Cooperative negotiations with processors. Differences in efficiency implications of alternative does not extend the benefits Small processors appear to have been rationalization by business size cannot of rationalization to the third population exiting the crab fishery in recent years be predicted. Some participants believe of small entities, fishery dependent as the harvest levels have declined and that smaller vessels could be more communities. seasons have been compressed. The efficient than larger vessels in a After an exhaustive public process, proposed rule would allocate PQS to rationalized fishery because a vessel spanning several years, the Council processors that participated in the only needs to be large enough to harvest concluded that the Program best fishery in either 1998 or 1999. ‘‘Small’’ the IFQ. Conversely, under open access, accomplishes the stated objectives processors that plan to enter or reenter a vessel has to be large enough to out articulated in the problem statement the crab fisheries (but did not compete the other fishermen and, and applicable statutes, and minimizes participate during the qualifying years) hence, the overcapacity problems under to the extent practicable adverse would be allowed to process crab the race for fish. If that is true, it is economic impacts on the universe of harvested with Class B IFQ and CDQ possible that some of the smaller directly regulated small entities. This crab. Class B IFQ and CDQ crab would participants in the fishery could proposed rule would implement the provide a mechanism for small increase their activity (by purchasing or Program. processors to enter the fishery without leasing QS/IFQ) in a rationalized The Program makes three separate large capital outlays to purchase PQS or fishery. allocations; one to the harvest sector, IPQ. Class B IFQ, however, would However, the IFQ alternative would one to the processing sector, and one to reduce the allocation of PQS to the fail to protect the economic and social defined regions. All three allocations are small and large processors that qualify interests of other participants, also based on historic participation to for the Program. Class B IFQ therefore dependent on these crab fisheries, protect investment in and reliance on may negatively impact small processors, namely, processor and community the fisheries. Harvesters would receive if they are unable to compete with large entities. As the analysis in the RIR harvest allocations, processors would processors in the market place for the demonstrates, while harvesters clearly receive processing allocations, and Class B IFQ.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63247

To resolve impasses in price Additionally, CDQ groups would be To participate in the Program, persons negotiations, a potentially crippling able to purchase QS and PQS to increase would be required to complete occurrence for the smaller operators, the their participation in the BSAI crab application forms, transfer forms, EDR Program would include a mandatory fisheries above the CDQ allocation. forms, reporting requirements, and other binding arbitration program for the The proposed rule also contains collections-of-information. These the settlement of price disputes between several additional measures to protect forms are either required by the harvesters and processors. Historically, various interests. Eligible crew would Magnuson-Stevens Act or required for prices have been settled by protracted, receive 3 percent of the initial allocation the administration of the Program. often contentious negotiations, from of QS. Sideboards would limit the These forms impose costs on small time to time resulting in harvesters activity of crab vessels in other fisheries entities in gathering the required delaying fishing (i.e., strikes), which can (such as the GOA groundfish fisheries) information and completing the forms. be detrimental to all concerned. An to protect participants in those fisheries We have estimated the costs of effective system of binding arbitration from a possible influx of activity that complying with the reporting could protect the interests of both could arise from vessels that exit the requirements based on the burden hours sectors in negotiations, while avoiding crab fisheries, or are able to time per response, number of responses per costly delays in fishing due to strikes. activities to increase participation in year, and a standard estimate of $25 per A number of small governmental other fisheries. While these benefactors burden hour (except the estimate for the jurisdictions would be directly of this provision are not directly EDR forms is $100 per burden hour). regulated by, and therefore could be regulated, and therefore not counted Persons would be required to complete impacted by, this proposed rule. All among the entities addressed in this most of the forms at the start of the communities benefitting from these IRFA, they are predominantly small Program, like applications for initial special provisions of the proposed rule entities. issuance of QS/PQS and the historic Fish taxes would likely be are ‘‘small’’, under SBA criteria. EDR. Persons would be required to redistributed with any redistribution of Community interests have been complete some forms every year, like processing activity. In addition, the explicitly considered in the Program, applications for IFQ/IPQ and annual provision of support services and and special provisions have been EDRs. Participation in the binding associated sales taxes would likely be included to minimize (to the extent arbitration program would be also be redistributed to some extent by practicable) adverse impacts on these annual. Additionally, reporting would redistribution of landings in a small entities. Under these provisions be completed more frequently. the degree of protection would likely rationalized fishery. Increased efficiency vary community-to-community. in the fisheries arising from the Program The proposed rule also includes a The allocation to regions is could reduce the demand for support comprehensive data collection program, accomplished by regionally designating services, impacting sales tax revenues, if which would require participants to all Class A IFQ (delivery restricted) and the fleet is able to reduce their overall submit detailed economic data all corresponding IPQ. In most fisheries, costs. These impacts may occur in large concerning their participation in these regionalized IFQ and IPQ are either and small communities. Since the fisheries. The data collection program is North or South, with North IFQ redistribution of activity and the intended to provide managers with designated for delivery in areas on the increased efficiency cannot be predicted better information concerning the Bering Sea north of 56°20′ north latitude these effects cannot be fully fisheries to aid in management and to and South IFQ designated for any other characterized. Additional analysis of limit negative unintended consequences areas, including Kodiak and other areas community impacts is contained in the arising from management decisions. on the Gulf of Alaska. IFQ and IPQ Social Impact Analysis, EIS Appendix 3 Under the required data collection designations are based on the historic (see ADDRESSES). program, NMFS minimized the cost and location of the landings and processing Implementation of the proposed rule time burden associated with the data that gave rise to the shares. The would change the overall reporting collection components by breaking proposed rule would also increase the structure and recordkeeping down the program into specific forms allocation of crab to CDQ groups from requirements of the participants in the directed at specific segments of the 7.5 percent to 10 percent, providing BSAI crab fisheries. Under the fishery. Although most participants additional aid to the 65 CDQ statutorily mandated proposed rule, all collect data similar to that which would communities (all small entities). participants would be required to be collected by the data collection Community processing requirements provide additional reporting. Each program for making business decisions, in the first two years of the Program and harvester would be required to track the data collection program could ROFR would benefit communities with harvests to avoid exceeding his or her impose additional recordkeeping history supporting initial allocations allocation. As in other North Pacific requirements on participants in the and are intended to protect community rationalized fisheries, processors would fisheries. The detailed level of data interests. The ROFR provisions are provide catch recording data to required would likely require some likely to benefit communities that are managers to monitor harvest of additional data compilation and more capable of exercising the right. allocations. Processors would be reporting beyond the status quo. Under the more general regional required to record deliveries and Professional assistance, such as protection, processing activity could processing activities to aid in the accounting services, are likely to be move between communities in a region. Program administration. necessary for most participants to This is likely to benefit those NMFS would be required to develop comply with these requirements. NMFS communities able to attract additional new databases to monitor harvesting estimates that it would cost small processing activity from other and processing allocations. These entities that hold CVO QS and PQS communities in the region and harm changes could require the development approximately $1,503 to complete the communities that processing activity of new reporting systems. The costs of historic EDR and an additional $1,503 to leaves. IPQ caps would benefit NMFS’ monitoring of the fisheries complete the annual EDR every year. It communities able to attract processing would be passed to participants through would cost small entities that hold CPO in years of high total harvest. the cost recovery program. QS $2,503 to complete each EDR

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63248 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

because they would report both As an IFQ system, the accounting purposes. Second, recovery harvesting and processing information. Magnuson-Stevens Act requires NMFS rates are not well known for many It would cost participants in the to collect cost recovery fees associated stocks, and, because recovery could vary Program $56 to complete applications to with the monitoring and enforcement of with season, the rates may change when receive an initial allocation of QS and the proposed Program. The fees would fishing occurs over a larger portion of PQS, $55 for the annual application for be charged to harvesters and processors the year. Third, glaze percentages on IFQ and PQS, $61 to complete the based on the amount of IFQ and IPQ CPs product vary widely. If NMFS chose one-time application to be eligible to used by each IFQ and IPQ holder. The to use PRRs, NMFS must either apply receive transfers, and $61 to complete a initial amount of the fee would be 3 vessel specific rates that incorporate transfer application. Additionally, it percent of the ex-vessel value of each glaze percentages or develop a standard would cost processors who intend to fishery. We can not calculate the actual glaze percentage that would either process crab $16 to complete an RCR amount of the fee for each fishery in unfairly penalize the boats with high permit application. It would cost an each year because we can not predict amounts of glaze or underestimate the ECCO $64 to complete the Application the future TACs or future ex-vessel amount of harvest on boats with low to Become an ECCO and $54 to values. NMFS considered options that glaze percentages. Finally, CPs conduct complete the Application to Transfer included: (1) collection and payment different cooking, precooking, prefreeze Crab QS/IFQ to or from the ECCO. individually by harvesters and brining and freezing processes. These Additionally, it would cost an ECCO processors under a billing system, and procedural differences create significant $206 to complete the required annual (2) collection of fees from the harvester uncertainty in calculating and verifying report. by the processor and self-collection of recovery. NMFS acknowledges that Congress directed the implementation processor fees under an annual fee PRRs would be less costly to the of much of the proposed Program submission process. NMFS determined affected public, particularly the small through statute. To the extent that the that the collection of all fees from the entities, but determined that the added statute allowed flexibility, NMFS harvesting and processing sector by the management benefits of scales outweigh considered multiple alternatives to receiving processor for submission to their costs. To the extent that additional effectively implement specific NMFS on an annual basis would impose PRR data become available to NMFS for provisions within the proposed Program the least administrative burden on the analysis, future rules may allow PRR through regulation. In each instance, affected public. The collection of fees by based catch accounting. CPs not wishing NMFS attempted to impose the least the receiving processor corresponds to incur the costs associated with scale burden on the public, including the with the existing requirement for many installation prior to that time have the small entities subject to the Program. processors to collect excise taxes from option of either joining a cooperative or delivering harvesters in other fisheries. leasing their quota. The CR crab landing report (internet Additionally, rather than use the NMFS considered, but rejected, version and optional fax version) would calendar year for administrative requirements for increased observer be used to debit crab landings. All purposes, NMFS negotiated an coverage for the CP fleet. Under existing retained crab catch must be weighed, administrative year for the program that State regulations, CPs are required to reported, and debited from the accommodates fee collection by pay for and carry one observer when appropriate IFQ account under which imposing the most significant engaged in crab fishing operations. In the catch was harvested and IPQ administrative burden on the affected similar NMFS managed quota fisheries, account under which the catch was participants during the time of year NMFS requires that all fishing activity processed. Under recordkeeping and when the crab fisheries are closed. be observed. In most cases, this means reporting, NMFS considered the options Under this proposed rule, CPs would that a vessel must carry two observers. of a paper based reporting system or an be required to purchase and install NMFS rejected this approach in the crab electronic reporting system. NMFS motion-compensated scales to weigh all fisheries for two reasons. First, the chose to implement an electronic crab at-sea. Such scales would cost on Council motion specifically delegated reporting system as a more convenient, a one-time basis, approximately $25,000 observer coverage responsibility to the accurate, and timely method of per vessel. Additional costs on a State of Alaska. Second, NMFS felt that reporting. Additionally, the proposed one-time basis associated with the the monitoring approach developed for electronic reporting system would installation of the scales are estimated to the fishery (total catch weighing plus a provide continuous access to IFQ and be between $10,000 and $40,000, requirement for a total offload weight) IPQ accounts. These provisions would depending on the extent to which the provided for more effective monitoring make recordkeeping and reporting vessel must be reconfigured to install at a lower cost. NMFS estimates that a requirements less burdensome on the scale. Scale monitoring requirement for increased observer participants by allowing participants to requirements would cost approximately coverage would have cost CPs more efficiently monitor their accounts $6,235 per year. Based on discussions approximately $400/day plus the and fishing activities. NMFS recognizes with equipment vendors, NMFS additional costs associated with that participants in the current fishery estimates that 8 CPs, one of which is a reconfiguring vessels to ensure that might be more comfortable with the small entity, would choose to fish CPO adequate space was available for the paper based fish ticket system, but or CPC IFQ. additional observer. believes that the added benefits of the NMFS considered, but rejected, the For monitoring of processing activity, electronic reporting system outweigh use of product weight and recovery rates it would cost shore-based processors any benefits of the paper based system. (PRRs) in favor of the use of at-sea scales approximately $416 to complete the However, NMFS would also provide an for catch accounting on CPs. NMFS catch monitoring plan and an additional optional lower tech backup using rejected the use of PRRs for several $2,800 annually to complete all landing existing telecommunication and paper reasons. First, the technology for reports. based methods, which would reduce the weighing catch at-sea is well developed, NMFS determined that a VMS burden on small entities in more remote and NMFS believes that the catch program is essential to the proper areas possessing less electronic weights generated from these scales enforcement of the Program. Therefore, infrastructure. produce the best available data for catch all vessels participating in the Program

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63249

would be required to participate in a Catcher processor annual EDR, 15 hours maintenance, and 6 seconds for each VMS program. Depending on which for Catcher vessel historical EDR, 15 VMS transmission. brand of VMS a vessel chooses to hours for Catcher vessel annual EDR, 15 Response times include the time for purchase, NMFS estimates that this hours for Catcher vessel annual EDR, 15 reviewing instructions, searching requirement would impose a cost of hours for Stationary crab floating existing data sources, gathering and $2,000 per vessel for equipment processor historical EDR, 15 hours for maintaining the data needed, and purchase, $780 for installation and Stationary crab floating processor completing and reviewing the collection maintenance, and $5 per day for data annual EDR, 15 hours for Shoreside crab of information. transmission costs. Based on the processor historical EDR, 15 hours for Public comment is sought regarding: number of qualified vessels, NMFS Shoreside crab processor annual EDR, whether this proposed collection of estimates that a maximum of 276 and 3 hours for historical and annual information is necessary for the proper vessels, of which 238 are considered audits. performance of the functions of the small entities, could incur this cost if agency, including whether the Crab Arbitration Reports they choose to participate in the information shall have practical utility; Program. These requirements and their the accuracy of the burden estimate; associated burden estimates per ways to enhance the quality, utility, and Collection-of-information response are: 4 hours for Annual clarity of the information to be This rule contains new Arbitration Organization Report, 1 hour collected; and ways to minimize the collection-of-information requirements for Arbitration Organization burden of the collection of information, subject to review and approval by OMB miscellaneous reporting, 40 hours for including through the use of automated under the Paperwork Reduction Act Market Report, 40 hours for Non- collection techniques or other forms of (PRA). These requirements have been binding Price Formula Report, and 45 information technology. submitted to OMB for approval. Public minutes to establish price for arbitration Send comments on these or any other reporting burden per response for these negotiations. aspects of the collection of information requirements are listed by topic. This rule also contains revised to NMFS, Alaska Region at the requirements that have been submitted ADDRESSES above, and e-mail to Crab Permits, Transfers, and Fees to OMB for approval. These [email protected], or fax to (202) These requirements and their requirements are listed by OMB control 395-7285. associated burden estimates per number. Notwithstanding any other provision response are: 2 hours for Annual of the law, no person is required to Application for Crab IFQ/IPQ Permit; 2 OMB No. 0648—0213 respond to, nor shall any person be hours for Application for Crab QS/IFQ This requirement and its associated subject to a penalty for failure to comply or PQS/IPQ; 2 hours for Application for burden estimate per response is: 14 with, a collection of information subject annual crab harvesting cooperative IFQ minutes for Vessel Activity Report, 20 to the requirements of the PRA, unless permit; 30 minutes for Application for minutes for Product transfer report, and that collection of information displays a Crab IFQ Hired Master permit; 30 28 minutes for Catcher vessel longline currently valid OMB Control Number. minutes for Application for RCR Permit; and pot gear daily fishing logbook. This proposed rule has been 20 minutes for Application for Federal determined to be significant for OMB No. 0648—0272 crab vessel permit; 2 hours for purposes of Executive Order 12866. Application for eligibility to receive These revised requirements and their A Draft Environmental Impact Crab QS/IFQ or PQS/IPQ by transfer; 2 associated burden estimates per Statement (EIS) (dated March 2004) was hours for Application to Become an response are: 6 minutes for Application prepared for this rule and made Eligible Crab Community Organization for Replacement of Certificates, Permits, available to the public for comment (69 (ECCO); 2 hours for Application for or Cards; 6 minutes for Transshipment FR 13036, March 19, 2004). The Final transfer of Crab QS/IFQ or PQS/IPQ; 2 authorization; and 6 minutes for EIS was prepared and made available to hours for Application for transfer of crab Departure report. the public on September 3, 2004 (69 FR 53915). Copies of the Final EIS for this QS/IFQ to or from an ECCO; 2 hours for OMB No. 0648—0330 Application for Inter-cooperative action are available from NMFS (see Transfer; 30 minutes for RCR fee These revised requirements and their ADDRESSES). associated burden estimates per submission form; and 4 hours for a letter Dated: October 22, 2004. of appeal, if denied a permit. response are: 6 minutes for At-sea inspection request, 45 minutes for Rebecca Lent, Crab Reports Record of daily scale tests, 45 minutes Deputy Assistant Administrator for These requirements and their for printed output of at-sea scale weight, Regulatory Programs, National Marine Fisheries Service. associated burden estimates per 45 minutes for printed output of State For the reasons set out in the response are: 35 minutes to of Alaska scale weight, 80 hours for preamble, 50 CFR part 679 is proposed electronically submit crab landing scale type evaluation, 6 minutes for to be amended and new 50 CFR part 680 report and print receipts, 35 minutes to at-sea scale approval report/sticker, 2 is proposed to be added as follows: submit crab landing report paper hours for Observer sampling station backup (ADF&G fish ticket), 15 minutes inspection request, 2 minutes for prior PART 679—FISHERIES OF THE for application for user ID, 20 minutes notice to Observers of scale tests, and 40 EXCLUSIVE ECONOMIC ZONE OFF for CP offload report, 40 hours for ECCO hours for Crab catch monitoring plan. ALASKA annual report for an ECC. OMB No. 0648—0445 1. The authority citation for part 679 Crab Economic Data Reports These revised requirements and their continues to read as follows: These requirements and their associated burden estimates per Authority: 16 U.S.C. 773 et seq., 1801 et associated burden estimates per response are: 12 minutes for VMS seq., and 3631 et seq.; Title II of Division C, response are: 25 hours for Catcher check-in form, 6 hours for VMS Pub. L. 105-277; Sec. 3027, Pub. L. 106-31, processor historical EDR, 25 hours for installation, 4 hours for VMS annual 113 Stat. 57; 16 U.S.C. 1540(f).

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63250 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

2. In § 679.1, revise paragraphs (g) and (2) With respect to license limitation (A) Aleutian Islands red king crab in (j) to read as follows: groundfish species, directed fishing as waters of the EEZ with an eastern defined in paragraph (1) of this boundary the longitude of Scotch Cap § 679.1 Purpose and scope. definition. Light (164°44′ W. long.) to 53°30′ N. lat., * * * * * (3) With respect to crab species under then west to 165° W. long., a western (g) Fishery Management Plan for this part, the catching and retaining of boundary of 174° W. long., and a Bering Sea/Aleutian Islands King and any crab species. northern boundary of a line from the Tanner Crabs. Regulations in this part * * * * * latitude of Cape Sarichef (54°36′ N. lat.) govern commercial fishing for king and Registered crab receiver (RCR) means westward to 171° W. long., then north Tanner crab in the Bering Sea and a person issued by the Regional to 55°30′ N. lat., and then west to 174° Aleutian Islands Area by vessels of the Administrator an RCR permit described W. long.; United States, and supersede State of under 50 CFR part 680. (B) Aleutian Islands Area C. opilio Alaska regulations applicable to the * * * * * and C. bairdi in waters of the EEZ with commercial king and Tanner crab Shoreside processor means any an eastern boundary the longitude of fisheries in the Bering Sea and Aleutian person or vessel that receives, Scotch Cap Light (164°44′ W.long.) to Islands Area EEZ that are determined to purchases, or arranges to purchase, 53°30′ N. lat., then west to 165° W. long, be inconsistent with the FMP (see unprocessed groundfish, except catcher/ a western boundary of the U.S.-Russian subparts A, B, and E of this part). processors, motherships, buying Convention Line of 1867, and a northern Additional regulations governing stations, restaurants, or persons boundary of a line from the latitude of commercial fishing for, and processing receiving groundfish for personal Cape Sarichef (54°36′ N. lat.) westward of, king and Tanner crab managed consumption or bait. to 171° W. long., then north to 55°30′ N. pursuant to section 313(j) of the * * * * * lat., then west to 174° W. long.; Magnuson-Stevens Act and the Crab 4. In § 679.3, revise paragraph (d) to (C) Norton Sound red king and Norton Rationalization Program are codified at read as follows: Sound blue king in waters of the EEZ 50 CFR part 680. with a western boundary of 168° W. § 679.3 Relation to other laws. * * * * * long., a southern boundary of 62° N. lat., * * * * * (j) License Limitation Program (LLP). and a northern boundary of 65°36′ N. (d) King and Tanner crabs. Additional (1) Regulations in this part implement lat.; regulations governing conservation and the LLP for the commercial groundfish (D) Bering Sea brown king crab management of king crab and Tanner (Lithodes aequispinus) in waters of the fisheries in the EEZ off Alaska and the crab in the Bering Sea and Aleutian LLP for the commercial crab fisheries in EEZ east of the U.S.-Russian Convention Islands Area are contained in 50 CFR line of 1867 with a southern boundary the Bering Sea and Aleutian Islands part 680 and in Alaska Statutes at A.S. Area. of 54°36′ N. lat. to 171° W. long., and 16 and Alaska Administrative Code at 5 then south to 54°30′ N. lat. (2) Regulations in this part govern the AAC Chapters 34, 35, and 39. (E) Scarlet or deep sea king crab commercial fishing for groundfish under * * * * * the LLP by vessels of the United States (Lithodes couesi) in the waters of the 5. In § 679.4, revise paragraph Bering Sea and Aleutian Islands Area; using authorized gear within the GOA (k)(1)(ii), remove and reserve paragraphs and the BSAI and the commercial (F) Grooved Tanner crab (l)(3)(ii)(D), (l)(4)(i), and (l)(5)(ii), and (Chionoecetes tanneri) in the waters of fishing for crab species under the LLP remove paragraphs (l)(4)(ii)(D), by vessels of the United States using the Bering Sea and Aleutian Islands (l)(4)(ii)(E), (l)(5)(iv)(E), and (l)(5)(iv)(F) Area; and authorized gear within the Bering Sea to read as follows: and Aleutian Islands Area. (G) Triangle Tanner crab * * * * * § 679.4 Permits. (Chionoecetes angulatus) in the waters * * * * * of the Bering Sea and Aleutian Islands 3. In § 679.2, revise the definitions of Area. ‘‘Alaska local time,’’ and ‘‘Shoreside (k) * * * processor,’’ revise paragraphs (2) and (3) (1) * * * * * * * * (ii) Each vessel must have a crab of the ‘‘Directed fishing’’ definition, and 6. In § 679.5, revise paragraphs species license issued by NMFS on add a definition of ‘‘Registered crab (a)(7)(i) table only, (a)(15), (c)(1), (g), (k), board at all times it is engaged in fishing receiver’’ in alphabetical order to read (l) introductory text, (l)(2)(iii)(M), activities, defined in § 679.2, for the as follows: (l)(2)(iv) introductory text, (l)(2)(iv)(C), crab fisheries identified in this (l)(2)(iv)(D), (l)(3)(i), and (l)(4), and § 679.2 Definitions. paragraph. A crab species license may remove and reserve (l)(2)(iv)(A) to read * * * * * be used only to participate in the as follows: fisheries designated on the license and Alaska local time (A.l.t.) means the on a vessel that complies with the vessel § 679.5 Recordkeeping and reporting time in the Alaska time zone. designation and MLOA specified on the (R&R). * * * * * license. NMFS requires a crab species (a) * * * Directed fishing means: license for participation in the following (7) * * * * * * * * crab fisheries: (i) * * *

If participant is... And fishing activity is... An active period is... An inactive period is...

(A) CV1 Harvest or discard of groundfish When gear remains on the When no gear remains on the grounds in a reporting area (ex- grounds in a reporting area cept 300, 400, 550, or 690), re- gardless of the vessel location

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63251

If participant is... And fishing activity is... An active period is... An inactive period is...

(B) SS, SFP Receipt, purchase or arrange to When checked in or processing When not checked in or proc- purchase, or processing of essing groundfish

(C) MS Receipt, discard, or processing of When checked in or processing When not checked in or not proc- groundfish essing

(D) CP Harvest, discard, or processing of When checked in or processing When not checked in or not proc- groundfish essing

(E) BS Receipt, discard, or delivery of When conducting fishing activity When not conducting fishing ac- groundfish for an associated processor tivity for an associated processor 1CV = Catcher vessel; SS = Shoreside processor; SFP = stationary floating processor; MS = mothership; Catcher/processor = CP; BS = Buy- ing station

* * * * * (ii) Required information. The (see § 679.24(e) and Table 19 to this (15) Transfer comparison. The operator of a catcher vessel or catcher/ part). operator, manager, Registered Buyer, or processor identified in paragraph (D) Permit numbers. Enter the permit Registered Crab Receiver must refer to (c)(1)(i) of this section must record in number(s) for the applicable fishery in Table 13 to this part for paperwork the DFL or DCPL, the following which you participated. submittal, issuance, and possession information: (1) IFQ permit number of the operator requirements for each type of transfer (A) Federal reporting area. Federal and of each IFQ permit holder aboard activity of non-IFQ groundfish, IFQ reporting area code (see Figures 1 and the vessel. halibut, IFQ sablefish, CDQ halibut, and 3 to this part) where gear retrieval (see (2) CDQ group number (if applicable). CR crab. § 679.2) was completed, regardless of (3) Halibut CDQ permit number (if * * * * * where the majority of the set took place. applicable). (c) Catcher vessel DFL and catcher/ Use a separate logsheet for each (4) Federal crab vessel permit number processor DCPL—(1) Longline and pot reporting area. (if applicable). gear catcher vessel DFL and catcher/ (B) Number of crew. If a catcher (E) Observer information. Record the processor DCPL. (i) In addition to vessel, the number of crew, excluding number of observers aboard, the name of information required at paragraphs (a) observer(s), on the last day of a trip. If the observer(s), and the observer cruise and (b) of this section: a catcher/processor, the number of crew, number(s). (A) Groundfish fisheries. (1) The excluding observer(s), on the last day of (F) Management program. Use a operator of a catcher vessel using the weekly reporting period. separate logsheet for each management longline or pot gear to harvest (C) Gear type. Use a separate logsheet program. Indicate whether harvest groundfish and that retains any for each gear type. occurred under one of the following groundfish from the GOA, or BSAI, (1) Circle gear type used to harvest the management programs. If harvest is not must maintain a longline and pot gear fish. If gear is other than those listed, under one of these management DFL. circle ‘‘Other’’ and describe. If using programs, leave blank: (2) The operator of a catcher/ hook-and-line gear, enter the (1) Exempted Fishery. Record processor using longline or pot gear to alphabetical letter that coincides with exempted fishery permit number (see harvest groundfish and that retains any gear description. § 679.6). (2) Research Fishery. Record research groundfish from the GOA, or BSAI, (2) If gear information is the same on program permit number (see must maintain a longline and pot gear subsequent pages, mark the box instead § 600.745(a) of this chapter). DCPL. of re-entering the gear type information. (B) IFQ halibut, CDQ halibut, and IFQ (G) Catch by set. (See § 679.2 for (3) Pot gear. If you checked pot gear, sablefish fisheries. (1) The operator of a definition of set). The operator must enter the number of pots set and the catcher vessel using longline or pot gear record the following information for number of pots lost (if applicable). to harvest IFQ sablefish, IFQ halibut, or each set, if applicable: CDQ halibut from the GOA, or BSAI, (4) Hook-and-line gear. If (1) If no catch occurred for a day, must maintain a longline and pot gear hook-and-line gear: write ‘‘no catch;’’ DFL. (i) Indicate whether gear is fixed hook (2) Set number, sequentially by year; (2) The operator of a catcher/ (conventional or tub), autoline, or snap (3) Gear deployment date processor using longline or pot gear to (optional, but may be required by IPHC (month-day), time (in military format, harvest IFQ sablefish, IFQ halibut, or regulations). A.l.t.), and begin position coordinates CDQ halibut from the GOA, or BSAI, (ii) Skates. Indicate length of skate to (in lat and long to the nearest minute); must maintain a longline and pot gear the nearest foot (optional, but may be (4) Gear retrieval date (month-day), DCPL. required by IPHC regulations), number time (in military format, A.l.t.), and end (C) CR crab fisheries. (1) The operator of skates set, and number of skates lost position coordinates (in lat and long to of a catcher vessel using longline or pot (optional, but may be required by IPHC the nearest minute); gear to harvest CR crab from the BSAI, regulations). (5) Begin and end buoy or bag must maintain a longline and pot gear (iii) Hooks. Indicate size of hooks, numbers (optional, but may be required DFL. hook spacing in feet, number of hooks by IPHC regulations); (2) The operator of a catcher/ per skate (optional, but may be required (6) Begin and end gear depths, processor using longline or pot gear to by IPHC regulations). recorded to the nearest fathom harvest CR crab from the BSAI, must (iv) Seabird avoidance gear code. (optional, but may be required by IPHC maintain a longline and pot gear DCPL. Record seabird avoidance gear code(s) regulations);

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63252 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(7) Target species code. Enter the an IFQ landing report or was required CDQ halibut, or IFQ sablefish in lieu of species code of the species you intend to submit an IFQ landing report. A PTR a PTR. This receipt must include: to catch; is not required to accompany a (1) Date of sale; (8) Estimated haul weight. Enter the shipment. (2) Registered Buyer permit number; total estimated haul weight of all (iii) CR crab. A Registered Crab (3) Weight by product of the IFQ retained species. Indicate whether to the Receiver (RCR) must submit a separate halibut, CDQ halibut or IFQ sablefish nearest pound or to the nearest 0.001 mt PTR for each shipment of crab for which transferred. (2.20 lb); the RCR submitted a CR crab landing (D) A Registered Buyer must maintain (9) IR/IU Species (see § 679.27). If a report or was required to submit a CR a copy of each dockside sales receipt as catcher/processor, enter species code of crab landing report. A PTR is not described in § 679.5(l). IR/IU species and estimated total round required to accompany a shipment. (v) Transfer directly from the landing weight for each IR/IU species; indicate (2) Exceptions—(i) Bait sales (non-IFQ site to a processing facility (CDQ whether to the nearest pound or the groundfish only). During one calendar halibut, IFQ halibut, IFQ sablefish, or nearest 0.001 mt (2.20 lb); day, the operator or manager may CR crab only). A PTR is not required for (10) Estimated total round weight of aggregate and record on one PTR the transportation of unprocessed IFQ IFQ halibut and CDQ halibut to the individual sales or shipments of non- halibut, IFQ sablefish, CDQ halibut, or nearest pound; IFQ groundfish to vessels for bait CR crab directly from the landing site to (11) Number and estimated total purposes during the day recording the a facility for processing, provided the round weight of IFQ sablefish to the amount of such bait product shipped following conditions are met: nearest pound; from a vessel or facility that day. (A) A copy of the IFQ landing report (12) Circle to indicate whether IFQ (ii) Retail sales—(A) IFQ halibut, IFQ receipt (Internet receipt) documenting sablefish product is Western cut (WC), sablefish, CDQ halibut, and non-IFQ the IFQ landing accompanies the Eastern cut (EC), or round weight (RD); groundfish. During one calendar day, offloaded IFQ halibut, IFQ sablefish, or and the operator, manager, or Registered CDQ halibut while in transit. (13) Number and scale weight of raw Buyer may aggregate and record on one (B) A copy of the CR crab landing CR crab to the nearest pound. PTR the amount of transferred retail report receipt (Internet receipt) (H) Data entry time limits. (1) The product of IFQ halibut, IFQ sablefish, documenting the IFQ landing operator must record in the DFL or CDQ halibut, and non-IFQ groundfish if accompanies the offloaded CR crab DCPL within 2 hours after completion of each sale weighs less than 10 lb or 4.5 while in transit. gear retrieval: Set number; time and date kg. (C) A copy of the IFQ landing report gear set; time and date gear hauled; (B) CR crab. During one calendar day, or CR crab landing report receipt is begin and end position; CDQ group the RCR may aggregate and record on available for inspection by an number, halibut CDQ permit number, one PTR the amount of transferred retail authorized officer. IFQ permit number, and/or Federal crab product of CR crab if each sale weighs (D) The Registered Buyer submitting vessel permit number (if applicable), less than 100 lb or 45 kg. the IFQ landing report or RCR number of pots set, and estimated total (iii) Wholesale sales (non-IFQ submitting the CR crab landing report haul for each set. groundfish only). The operator or completes a PTR for each shipment from (2) If a catcher vessel, the operator manager may aggregate and record on the processing facility pursuant to must record all other required one PTR, wholesale sales of non-IFQ paragraph (g)(1) of this section. information in the DFL within 2 hours groundfish by species when recording (3) Time limits and submittal. The after the vessel’s catch is off-loaded, the amount of such wholesale species operator of a mothership or catcher/ notwithstanding other time limits. leaving a vessel or facility in one processor, the manager of a shoreside (3) If a catcher/processor, the operator calendar day, if invoices detailing processor or SFP, the Registered Buyer, must record all other required destinations for all of the product are or RCR must: information in the DCPL by noon of the available for inspection by an (i) Record all product transfer day following completion of production. authorized officer. information on a PTR within 2 hours of (4) If a catcher/processor, the operator (iv) Dockside sales. (A) A person the completion of the shipment. must record product information in the holding a valid IFQ permit, IFQ card, (ii) Submit a PTR by facsimile or DCPL by noon each day to record the and Registered Buyer permit may electronic file to OLE, Juneau, AK (907– previous day’s production information. conduct a dockside sale of IFQ halibut 586–7313), by 1200 hours, A.l.t., on the * * * * * or IFQ sablefish with a person who has Tuesday following the end of the (g) Product transfer report (PTR)—(1) not been issued a Registered Buyer applicable weekly reporting period in General requirements. Except as permit after all IFQ halibut and IFQ which the shipment occurred. provided in paragraph (g)(1)(i) through sablefish have been landed and reported (iii) If any information on the original (vi) of this section: in accordance with paragraph (l) of this PTR changes prior to the first (i) Groundfish. The operator of a section. destination of the shipment, submit a mothership or catcher/processor or the (B) A person holding a valid halibut revised PTR by facsimile or electronic manager of a shoreside processor or SFP CDQ permit, halibut CDQ card, and file to OLE, Juneau, AK (907–586–7313), must complete and submit a separate Registered Buyer permit may conduct a by 1200 hours, A.l.t., on the Tuesday PTR for each shipment of groundfish dockside sale of CDQ halibut with a following the end of the applicable and donated prohibited species caught person who has not been issued a weekly reporting period in which the in groundfish fisheries. A PTR is not Registered Buyer permit after all CDQ change occurred and indicate the required to accompany a shipment. halibut have been landed and reported confirmation number of the original (ii) IFQ halibut, IFQ sablefish, and in accordance with paragraph (l) of this PTR. CDQ halibut. A Registered Buyer must section. (4) Required information. The submit a separate PTR for each (C) A Registered Buyer conducting operator of a mothership or catcher/ shipment of halibut or sablefish for dockside sales must issue a receipt to processor, the manager of a shoreside which the Registered Buyer submitted each individual receiving IFQ halibut, processor or SFP, the Registered Buyer,

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63253

or RCR must include the following (iii) Receiver information. Using If you are shipping... Enter under ‘‘Ship- information on a PTR: per’’... descriptions from the following table, (i) Original or revised PTR. Whether a enter receiver information, date and (B) IFQ halibut, CDQ Your Registered time of product transfer, location of submittal is an original or revised PTR. halibut or IFQ sable- Buyer name and If revised, record the confirmation fish permit number. product transfer (e.g., port, position number of the original PTR. coordinates, or city), mode of (ii) Shipper information. Name, (C) CR crab Your RCR name transportation, and intended route: and permit number. telephone number, and facsimile number of the representative. According (D) Non-IFQ ground- (1) Your processor’s to the following table: fish, IFQ halibut, name and Federal CDQ halibut or IFQ fisheries permit If you are shipping... Enter under ‘‘Ship- sablefish, and CR number or Federal per’’... crab on the same processor permit PTR number, (A) Non-IFQ ground- Your processor’s (2) Your Registered fish name, Federal fish- Buyer’s name and eries or Federal permit number, and processor permit (3) Your RCR name number. and permit number.

Then enter... If you are the shipper and... Date & time of product Location of product trans- Mode of transportation Receiver transfer fer and intended route

(A) Receiver is on land Receiver name and Fed- Date and time when ship- Port or city of product Name of the shipping and transfer involves one eral fisheries or Federal ment leaves the plant. transfer company; destination city van, truck, or vehicle. processor permit number and state or foreign coun- (if any). try.

(B) Receiver is on land Receiver name and Fed- Date and time when load- Port or city of product Name of the shipping and transfer involves mul- eral fisheries or Federal ing of vans or trucks is transfer company; destination city tiple vans, trucks, or vehi- processor permit number completed each day. and state or foreign coun- cles. (if any). try.

(C) Receiver is on land Receiver name and Fed- Date and time when ship- Port or city of product Name of the airline com- and transfer involves one eral fisheries or Federal ment leaves the plant. transfer pany; destination airport airline flight. processor permit number city and state. (if any).

(D) Receiver is on land Receiver name and Fed- Date and time of shipment Port or city of product Name of the airline com- and transfer involves mul- eral fisheries or Federal when the last airline flight transfer pany(s); destination air- tiple airline flights. processor permit number of the day leaves. port(s) city and state. (if any).

(E) Receiver is a vessel Vessel name and call sign Start and finish dates and Transfer position coordi- The first destination of the and transfer takes occurs times of transfer. nates in latitude and lon- vessel. at sea. gitude, in degrees and minutes.

(F) Receiver is a vessel Vessel name and call sign Start and finish dates and Port or position of product The first destination of the and transfer takes place in times of transfer. transfer. vessel. port.

(G) Receiver is an agent Agent name and location Transfer start and finish Port, city, or position of Name (if available) of the (buyer, distributor, or ship- (city, state). dates and times. product transfer. vessel transporting the ping agent) and transfer is van; destination port. in a containerized van(s).

(H) You are aggregating ‘‘RETAIL SALES’’ Date of transfer. Port or city of product n/a individual retail sales for transfer human consumption. (see paragraph 679.5(g)(2)).

(I) You are aggregating in- ‘‘BAIT SALES’’ Date of transfer. Port or city of product n/a dividual bait sales during a transfer day onto one PTR (non-IFQ groundfish only).

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63254 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

Then enter... If you are the shipper and... Date & time of product Location of product trans- Mode of transportation Receiver transfer fer and intended route

(J) Non-IFQ Groundfish ‘‘WHOLESALE SALES’’ Time of the first sale of Port or city of product n/a only. You are aggregating the day; time of the last transfer wholesale non-IFQ sale of the day. groundfish product sales by species during a single day onto one PTR and maintaining invoices detail- ing destinations for all of the product for inspection by an authorized officer.

(iv) Products shipped. The operator, (k) U.S. Vessel Activity Report crossing the seaward boundary of the manager, Registered Buyer, or RCR must (VAR)—(1) Fish or fish product other EEZ off Alaska or crossing the U.S.- record the following information for than crab onboard. Except as noted in Canadian international boundary each product shipped: paragraph (k)(4) of this section, the between Alaska and British Columbia (A) Species code and product code. operator of a catcher vessel greater than into U.S. waters, indicate a ‘‘return’’ (1) For non-IFQ groundfish, IFQ halibut, 60 ft (18.3 m) LOA, a catcher/processor, report and enter: IFQ sablefish, and CDQ halibut, the or a mothership required to hold a (A) Intended Alaska port of landing species code and product code (Tables Federal fisheries permit issued under (see Table 14 to this part); 1 and 2 to this part). this part and carrying fish or fish (B) Estimated date and time (hour and (2) For CR crab, the species code and product onboard must complete and minute, Greenwich mean time) the product code (Tables 1 and 2 to 50 CFR submit a VAR by facsimile or electronic vessel will cross the boundary; and part 680). file to OLE, Juneau, AK (907–586–7313) (C) The estimated position (B) Species weight. Use only if before the vessel crosses the seaward coordinates in latitude and longitude recording 2 or more species with 2 or boundary of the EEZ off Alaska or where the vessel will cross. more product types contained within crosses the U.S.-Canadian international (vi) Depart report. ‘‘Depart’’ means the same production unit. Enter the boundary between Alaska and British leaving Alaska. If the vessel is crossing actual scale weight of each product of Columbia. the seaward boundary of the EEZ off each species to the nearest kilogram or (2) Combination of non-IFQ Alaska and moving out of the EEZ or pound (indicate which). If not groundfish with IFQ halibut, CDQ crossing the U.S.-Canadian international applicable, enter ‘‘n/a’’ in the species halibut, IFQ sablefish or CR crab. If a boundary between Alaska and British weight column. If using more than one vessel is carrying non-IFQ groundfish Columbia and moving into Canadian line to record species in one carton, use and IFQ halibut, CDQ halibut, IFQ waters, indicate a ‘‘depart’’ report and a brace ‘‘}’’ to tie the carton information sablefish or CR crab, the operator must enter: together. submit a VAR in addition to an IFQ (A) The intended U.S. port of landing (C) Number of units. Total number of Departure Report required by paragraph or country other than the United States; production units (blocks, trays, pans, (l)(4) of this section. (B) Estimated date and time (hour and individual fish, boxes, or cartons; if (3) Revised VAR. If fish or fish minute, Greenwich mean time) the iced, enter number of totes or products are landed at a port other than vessel will cross the boundary; and containers). the one specified on the VAR, the (C) The estimated position coordinates in latitude and longitude (D) Unit weight. Unit weight (average operator must submit a revised VAR where the vessel will cross. weight of single production unit as showing the actual port of landing (vii) The Russian Zone. Indicate listed in ‘‘No. of Units’’ less packing before any fish are offloaded. whether the vessel is returning from materials) for each species and product (4) Exemption: IFQ Departure Report. fishing in the Russian Zone or is code in kilograms or pounds (indicate A VAR is not required if a vessel is departing to fish in the Russian Zone. which). carrying only IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab onboard and (viii) Fish or fish products. For all fish (E) Total weight. Total weight for each or fish products (including species and product code of shipment the operator has submitted an IFQ Departure Report required by paragraph non-groundfish) on board the vessel, less packing materials in kilograms or enter: pounds (indicate which). (l)(4) of this section. (5) Information required. (i) Whether (A) Harvest zone code; (F) Total or partial offload. (1) If a original or revised VAR. (B) species codes; mothership or catcher/processor, the (ii) Name and Federal fisheries permit (C) product codes; and operator must indicate whether fish or number of vessel. (D) total fish product weight in lbs or fish products are left onboard the vessel (iii) Type of vessel (whether catcher to the nearest 0.001 mt (2.20 lb). (partial offload) after the shipment is vessel, catcher/processor, or (l) IFQ halibut, CDQ halibut, IFQ complete. mothership). sablefish, or CR crab R&R. In addition (2) If a partial offload, for the products (iv) Name, daytime telephone number to the R&R requirements in this section, remaining on board after the transfer, (including area code), and facsimile in 50 CFR 680.5 with respect to CR crab, the operator must enter: species code, number and COMSAT number (if and as prescribed in the annual product code, and total product weight available) of representative. management measures published in the to the nearest kilogram or pound (v) Return report. ‘‘Return,’’ for Federal Register pursuant to § 300.62 of (indicate which) for each product. purposes of this paragraph, means this title, the following reports and * * * * * returning to Alaska. If the vessel is authorizations are required, when

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63255

applicable: IFQ Prior Notice of Landing, intends to make a landing of IFQ (E) Area of harvest. (1) If IFQ or CDQ Product Transfer Report (see § 679.5(g)), halibut, CDQ halibut, IFQ sablefish, or halibut, then halibut regulatory areas IFQ landing report, IFQ Transshipment CR crab at any location other than in an (see Figure 15 to this part). Authorization, and IFQ Departure IFQ regulatory area or in the State of (2) If IFQ sablefish, then sablefish Report. Alaska must submit an IFQ Departure regulatory areas (see Figure 14 to this * * * * * Report, by telephone, to OLE, Juneau, part). (2) * * * AK, at 800–304–4846 or 907–586–7163 (3) If CR crab, then the crab (iii) * * * between the hours of 0600 hours, A.l.t., rationalization fishery code (see Table 1 (M) After the Registered Buyer enters and 2400 hours, A.l.t. to part 680). the landing data in the Internet (B) Completion of fishing. A vessel (F) Estimated total weight as submission form(s) and receipts are operator must submit an IFQ Departure appropriate of IFQ halibut , CDQ printed, the Registered Buyer, or his/her Report after completion of all fishing halibut, IFQ sablefish, or CR crab on representative, and the IFQ cardholder and prior to departing the waters of the board (lb/kg/mt). or CDQ cardholder must sign the EEZ adjacent to the jurisdictional waters (iii) Revision to Departure Report. A receipts to acknowledge the accuracy of of the State of Alaska, the territorial sea vessel operator who intends to make an the IFQ landing report. of the State of Alaska, or the internal IFQ landing at a location different from * * * * * waters of the State of Alaska when IFQ the location named on the IFQ (iv) Submittals. Except as indicated in halibut, CDQ halibut, IFQ sablefish, or Departure report must submit a revised paragraph (l)(2)(iv)(C) of this section, CR crab are on board. report naming the new location at least (C) Permit—(1) Registered Crab IFQ landing reports must be submitted 12 hours in advance of the offload. Receiver permit. A vessel operator electronically to OLE, Juneau, AK by Revisions must be submitted by submitting an IFQ Departure Report for using the Internet as indicated below: telephone, to OLE, Juneau, AK, at 800– CR crab must have a Registered Crab * * * * * 304 4846 or 907 586 7163 between the (C) Manual landing report. Waivers Receiver permit. (2) Registered Buyer permit. A vessel hours of 0600 hours, A.l.t., and 2400 from the Internet reporting requirement operator submitting an IFQ Departure hours, A.l.t. can only be granted in writing on a Report for IFQ halibut, CDQ halibut, or * * * * * case-by-case basis by a local clearing IFQ sablefish must have a Registered 7. In § 679.7, revise paragraph (a)(15) officer. If a waiver is granted, manual Buyer permit. and (k)(1)(iii), remove and reserve landing instructions must be obtained (D) First landing of any species. A paragraphs (k)(2)(ii), (k)(3)(iii), (k)(4)(ii), from OLE, Juneau, AK, at 800-304-4846 vessel operator submitting an IFQ and remove paragraph (k)(8) to read as (Select Option 1). Registered Buyers Departure Report must submit IFQ follows: must complete and submit manual landing reports for all IFQ halibut, CDQ § 679.7 Prohibitions. landing reports by facsimile to OLE, halibut, IFQ sablefish, and CR crab on Juneau, AK, at 907-586-7313. When a board at the same time and place as the * * * * * waiver is issued, the following first landing of any IFQ halibut, CDQ (a) * * * additional information is required: halibut, IFQ sablefish, or CR crab. (15) Federal processor permit. whether the manual landing report is an (E) Permits on board. (1) A vessel Receive, purchase or arrange for original or revised; and name, telephone operator submitting an IFQ Departure purchase, discard, or process groundfish number, and facsimile number of Report to document IFQ halibut, IFQ harvested in the GOA or BSAI by a individual submitting the manual sablefish, or CR crab must have one or shoreside processor or SFP that does not landing report. more IFQ cardholders on board with a have on site a valid Federal processor (D) Properly debited landing. A combined IFQ balance equal to or permit issued pursuant to § 679.4(f). properly concluded printed Internet greater than all IFQ halibut, IFQ submission receipt or a manual landing * * * * * sablefish, and CR crab on board the (k) * * * report receipt which is sent by facsimile vessel. from OLE to the Registered Buyer, and (1) * * * (2) A vessel operator submitting an (iii) Processing BSAI crab. Use a listed which is then signed by both the IFQ Departure Report to document CDQ Registered Buyer and cardholder AFA catcher/processor to process any halibut must ensure that one or more crab species harvested in the BSAI. constitutes confirmation that OLE CDQ cardholders are on board with received the landing report and that the enough remaining CDQ halibut balance * * * * * cardholder’s account is properly to harvest amounts of CDQ halibut equal 8. In § 679.28, add a new paragraph debited. A copy of each receipt must be to or greater than all CDQ halibut on (b)(1)(v) and revise paragraph (f)(4)(i) to maintained by the Registered Buyer as board. read as follows: described in § 679.5(l). (ii) Required information. When § 679.28 Equipment and operational (3) * * * submitting an IFQ Departure Report, the (i) No person may transship processed requirements. vessel operator must provide the * * * * * IFQ halibut, CDQ halibut, IFQ sablefish, following information: or CR crab between vessels without (A) Intended date, time (A.l.t.), and (b) * * * authorization by a local clearing officer. location of landing; (1) * * * Authorization from a local clearing (B) Vessel name and ADF&G vessel (v) Exceptions. A scale manufacturer officer must be obtained for each registration number; or their representative may request that instance of transshipment at least 24 (C) Vessel operator’s name and NMFS approve a custom built automatic hours before the transshipment is Registered Buyer permit or Registered hopper scale under the following intended to commence. Crab Receiver permit number; conditions: * * * * * (D) Halibut IFQ, halibut CDQ, (A) The scale electronics are the same (4) IFQ departure report—(i) General sablefish IFQ, and CR crab permit as those used in other scales on the requirements—(A) Time limit and numbers of IFQ and CDQ cardholders Regional Administrator’s list of scales submittal. A vessel operator who on board; eligible for approval;

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63256 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(B) Load cells have received and provide: the VMS transmitter ID, 10. In § 679.43, revise paragraph (a) to Certificates of Conformance from NTEP the vessel name, the Federal Fisheries read as follows: or OIML; Permit number or Federal Crab Vessel (C) The scale compensates for motion Permit number. § 679.43 Determinations and appeals. in the same manner as other scales * * * * * (a) General. This section describes the made by that manufacturer which have procedure for appealing initial been listed on the Regional 9. In § 679.31, revise paragraph (d) to read as follows: administrative determinations made Administrator’s list of scales eligible for under part 300, part 679, and part 680. approval; § 679.31 CDQ reserves. This section does not apply to initial (D) The scale, when installed, meets * * * * * administrative determinations made all of the requirements set forth in under § 679.30(d). paragraph 3 of Appendix A to this part, (d) Crab CDQ reserves. Crab CDQ * * * * * except those requirements set forth in reserves for crab species governed by paragraph 3.2.1.1. the Crab Rationalization Program are § 679.65 [Reserved] * * * * * specified at § 680.40 (a)(1). For Norton 11. Remove and reserve § 679.65. (f) * * * Sound red king crab, 7.5 percent of the (4) * * * guideline harvest level specified by the 12. In part 679, Tables 14a, 14b, and (i) Contact the NMFS Enforcement State of Alaska is allocated to the crab 15 are revised; and Tables 13 and 14c Division by Facsimile at 907-586-7703 CDQ reserve. are added to read as follows:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63257 XX XX 679.5(g)(1)(vi)) § Landing Receipt ( XXX Receipt 679.5(g)(1)(v)) § Dockside Sales ( port 679.5(l)(4)) § ( Departure Re-

XXXX 679.5(l)(3)) Trans-ship § UMMARY ( S Submit Issue Possess Submit Issue ORM F PTR 679.5(g)) § ( RANSFER T X — VAR 679.5(k)) § 679 ( ART P s ’ TO 13 tivity s processing fa- ’ ABLE T And is involved in this ac- cility ing Alaska Vessel leaving AlaskaVessel leaving Alaska XTransfer of productTransfer of product Transfer from landing site X to Registered Buyer processing facility X to RCR X Transshipment between vessels uct onboard And has ...... Fish prod- Only non-IFQ groundfish. Vessel leaving or enter- Only IFQ sablefish, halibut, CDQ or CR crab Combination of IFQ sa- blefish, IFQ halibut, CDQ halibut, or CR crab and non-IFQ groundfish Non-IFQ groundfish Transfer of productor CDQ halibut IFQ sablefish, halibut or CDQ halibut ibut, or CDQ halibut X IFQ halibut, CDQ or CR crab indicates authorization must be obtained 24 hours in advance. ’’ indicates receipt must be issued to each receiver in a dockside sale. ’’ indicates that the document must accompany transfer of IFQ species from landing site to processor. ’’ indicates under what circumstances each report is submitted. ’’ XXXX XXX XX X If participant type is ... ‘‘ ‘‘ ‘‘ ‘‘ Catcher vessel greater than 60 ft LOA, mothership or catcher/ processor Catcher vessel greater than 60 ft LOA, mothership or catcher/ processor Catcher vessel greater than 60 ft LOA, mothership or catcher/ processor Mothership, catcher/proc- essor, shoreside proc- essor, or SFP Registered BuyerRegistered Crab Receiver CR crab IFQ sablefish, halibut A person holding a valid IFQ permit, card, and Registered Buyer permit Registered Buyer Transfer of productRegistered Crab Receiver IFQ sablefish, hal- CR crabVessel operator Transfer from landing site Processed IFQ sablefish, X

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63258 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

TABLE 14ATOPART 679--PORT OF TABLE 14ATOPART 679--PORT OF TABLE 14ATOPART 679--PORT OF LANDING CODES1: ALASKA LANDING CODES1: ALASKA—Contin- LANDING CODES1: ALASKA—Contin- ued ued NMFS ADF&G Port Name Code Code Port Name NMFS ADF&G NMFS ADF&G Code Code Port Name Code Code Adak 186 ADA Juneau 136 JNU Sand Point 164 SPT Akutan, Akutan Bay 101 AKU Kake 137 KAK Savoonga 165 n/a Alitak 103 ALI Kaltag n/a KAL Seldovia 166 SEL Anchorage 105 ANC Kasilof 138 KAS Seward 167 SEW Angoon 106 ANG Kenai 139 KEN Aniak n/a ANI Sitka 168 SIT Kenai River 139 KEN Anvik n/a ANV Skagway 169 SKG

Atka 107 ATK Ketchikan 141 KTN Soldotna n/a SOL

Auke Bay 136 JNU King Cove 142 KCO St. George 170 STG

Beaver Inlet 119 DUT King Salmon 143 KNG St. Mary n/a STM

Bethel n/a BET Kipnuk 144 n/a St. Paul 172 STP

Captains Bay 119 DUT Klawock 145 KLA Tee Harbor 136 JNU

Chefornak 189 n/a Kodiak 146 KOD Tenakee Springs 174 TEN

Chignik 113 CHG Kotzebue n/a KOT Togiak 176 TOG

Cordova 115 COR La Conner n/a LAC Toksook Bay 177 n/a

Craig 116 CRG Mekoryuk 147 n/a Tununak 178 n/a

Dillingham 117 DIL Metlakatla 148 MET Ugashik n/a UGA

Douglas 136 JNU Moser Bay n/a MOS Unalakleet n/a UNA

Dutch Harbor/Unalaska 119 DUT Naknek 149 NAK Valdez 181 VAL

Egegik 122 EGE Nenana n/a NEN Wasilla n/a WAS Nikiski (or Nikishka) 150 NIK Ekuk n/a EKU Whittier 183 WHT Ninilchik 151 NIN Elfin Cove 123 ELF Wrangell 184 WRN Nome 152 NOM Emmonak n/a EMM Yakutat 185 YAK Excursion Inlet 124 XIP Nunivak Island n/a NUN 1 To report a landing at a location not cur- rently assigned a location code number: use False Pass 125 FSP Old Harbor 153 OLD the code for ‘‘Other’’ for the state or country at which the landing occurs and notify NMFS of Fairbanks n/a FBK Other Alaska1 499 UNK the actual location so that the list may be up- dated. For example, to report a landing for Galena n/a GAL Pelican 155 PEL Levelock, Alaska which currently has no code assigned, use code ‘‘499’’ ‘‘Other AK.’’ Glacier Bay n/a GLB Petersburg 156 PBG TABLE 14BTOPART 679—PORT OF Glennallen n/a GLN Port Alexander 158 PAL LANDING CODES: NON-ALASKA ALIFORNIA REGON ANADA Gustavus 127 GUS Port Armstrong n/a PTA (C , O , C , WASHINGTON) Haines 128 HNS Port Bailey 159 PTB Port Name NMFS ADF&G Halibut Cove 130 n/a Port Graham 160 GRM Code Code

Homer 132 HOM Port Lions n/a LIO CALIFORNIA

Hoonah 133 HNH Port Moller n/a MOL Eureka 500 EUR

Hydaburg n/a HYD Port Protection 161 n/a Other California1 599 n/a

Hyder 134 HDR Quinhagak 187 n/a CANADA

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63259

TABLE 14BTOPART 679—PORT OF TABLE 14BTOPART 679—PORT OF TABLE 14CTOPART 679—AT-SEA OP- LANDING CODES: NON-ALASKA LANDING CODES: NON-ALASKA ERATION TYPE CODES TO BE USED (CALIFORNIA, OREGON, CANADA, (CALIFORNIA, OREGON, CANADA, AS PORT CODES FOR VESSELS WASHINGTON)—Continued WASHINGTON)—Continued MATCHING THIS TYPE OF OPERATION

NMFS ADF&G Port Name NMFS ADF&G Code Description Port Name Code Code Code Code FCP Floating catcher proc- Other Canada1 899 n/a Bellingham 702 n/a essor

Port Edward 802 PRU Blaine 717 BLA FLD Floating domestic mothership Prince Rupert 802 PRU Everett 704 n/a La Conner 708 LAC IFP Inshore floating processor OREGON – processing in State of Olympia n/a OLY Alaska waters only Astoria 600 AST Other Washington1 799 n/a Newport 603 NPT Seattle 715 SEA Other Oregon1 699 n/a Tacoma n/a TAC Portland n/a POR 1 To report a landing at a location not cur- Warrenton 604 n/a rently assigned a location code number: use the code for ‘‘Other’’ for the state or country at which the landing occurs and notify NMFS of WASHINGTON the actual location so that the list may be up- dated. For example, to report a landing for Anacortes 700 ANA Vancouver, which currently has no code as- signed, use ‘‘899’’ ‘‘Other Canada.’’

TABLE 15 TO PART 679—GEAR CODES, DESCRIPTIONS, AND USE (X INDICATES WHERE THIS CODE IS USED)

Use Alphabetic Code to Complete the Use Numeric Code to Complete the Following: Following: Electronic Nu- Shoreside Name of Gear Alpha NMFS WPR & meric Electronic IFQ CR Gear Logbooks & Check-in/ Gear Logbook Internet Crab ADF&G Code Paper Check-out Code (SPELR) & Forms Forms1 Code1

Diving OTH X X 11 X X

Dredge OTH X X 22 X X

Dredge, hydro/mechanical OTH X X 23 X X

Fish wheel OTH X X 08 X X

Gillnet, drift OTH X X 03 X X

Gillnet, herring OTH X X 34 X X

Gillnet, set OTH X X 04 X X

Gillnet, sunken OTH X X 41 X X

Hand line/jig/troll (IFQ name: hand troll) n/a 05 X X X

Handpicked OTH X X 12 X X

Hatchery n/a 77 X X

Hook-and-line HAL X X 61 X X X

Jig, mechanical (IFQ name: jigs) JIG X X 26 X X X

Net, dip OTH X X 13 X X

Net, ring OTH X X 10 X X

Other/specify OTH X X 99 X X

Pair trawl (1) 37 X

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63260 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

TABLE 15 TO PART 679—GEAR CODES, DESCRIPTIONS, AND USE (X INDICATES WHERE THIS CODE IS USED)—Continued

Use Alphabetic Code to Complete the Use Numeric Code to Complete the Following: Following:

Electronic Nu- Shoreside IFQ Name of Gear NMFS WPR & meric Electronic CR Alpha Logbooks & Internet ADF&G Gear Check-in/ Gear Logbook & Forms Crab Code Paper Check-out Code (SPELR) Forms1 Code1

Pot POT X X 91 X X X X

Pound OTH X X 21 X X

Seine, purse OTH X X 01 X X

Seine, beach OTH X X 02 X X

Shovel OTH X X 18 X X

Trap OTH X X 90 X X

Trawl, beam (1) 17 X X

Trawl, double otter (1) 27 X X

Trawl, nonpelagic/bottom NPT X X 07 X X

Trawl, pelagic/midwater PTR X X 47 X X

Troll, dinglebar TROLL X X 25 X X X

Troll, power gurdy TROLL X X 15 X X X

Weir OTH X X 14 X X 1For groundfish logbooks, forms, electronic WPR, electronic check-in/out reports: all trawl gear must be reported as either nonpelagic trawl (NPT) or pelagic trawl (PTR).

13. Add part 680 to read as follows: 680.42 Limitations on use of QS, PQS, IFQ, (a) Fishery Management Plan (FMP) and IPQ. for Bering Sea and Aleutian Islands PART 680—SHELLFISH FISHERIES OF 680.43 Determinations and appeals. King and Tanner Crabs. Regulations in THE EXCLUSIVE ECONOMIC ZONE 680.44 Cost recovery. this part govern commercial fishing for, OFF ALASKA Table 1 to Part 680—Crab Rationalized (CR) Fisheries and processing of, king and Tanner crabs in the Bering Sea and Aleutian Subpart A—General Table 2 to Part 680—Crab Species Codes Table 3a to Part 680—Crab Delivery Islands Area pursuant to section 313(j) Sec. Condition Codes of the Magnuson-Stevens Act, including 680.1 Purpose and scope. Table 3b to Part 680—Crab Disposition or regulations implementing the Crab 680.2 Definitions. Product Codes Rationalization Program for crab 680.3 Relation to other laws. Table 4 to Part 680—Crab Process Codes fisheries in the Bering Sea and Aleutian 680.4 Permits. Table 5 to Part 680—Crab Size Islands Area, and including regulations 680.5 Recordkeeping and reporting (R&R). Table 6 to Part 680—Crab Grade superseding State of Alaska regulations 680.6 Crab economic data report (EDR). Table 7 to Part 680—Eligibility for Initial 680.7 Prohibitions. Issuance of Crab QS by Crab QS Fishery applicable to the commercial king and 680.8 Facilitation of enforcement. Table 8 to Part 680—Initial QS and PQS Pool Tanner crab fisheries in the Exclusive 680.9 Penalties. for Each Crab QS Fishery Economic Zone (EEZ) of the Bering Sea Table 9 to Part 680—Eligibility for Initial and Aleutian Islands Area that are Subpart B—Management Measures Issuance of Crab PQS by Crab QS Fishery determined to be inconsistent with the FMP. 680.20 Arbitration System. Authority: 16 U.S.C. 1862. 680.21 Crab fishery cooperatives. (b) License Limitation Program. 680.22 Sideboard protections for GOA Subpart A—General Commercial fishing for crab species not included in the Crab Rationalization groundfish fisheries. § 680.1 Purpose and scope. 680.23 Equipment and operational Program for crab fisheries of the Bering requirements. Regulations in this part implement Sea and Aleutian Islands Area remains 680.30 [Reserved] policies developed by the North Pacific subject to the License Limitation Fishery Management Council and Program for the commercial crab Subpart C—Individual Fishing Quota approved by the Secretary of Commerce fisheries in the Bering Sea and Aleutian Management Measures in accordance with the Islands Area under part 679 of this 680.40 Quota Share (QS), Processor QS Magnuson-Stevens Fishery chapter. Conservation and Management Act. In (PQS), Individual Fishing Quota (IFQ), § 680.2 Definitions. and Individual Processor Quota (IPQ) addition to part 600 of this chapter, Issuance. these regulations implement the In addition to the definitions in the 680.41 Transfer of QS and IFQ. following: Magnuson-Stevens Act, in 50 CFR part

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63261

600, and § 679.2 of this chapter, the (3) After July 1, 2008, Class A CVC Catcher/Processor (CP) means a vessel terms used in this part have the IFQ held by a person who is not a that is used for catching crab and following meanings: holder of PQS or IPQ and is not processing that crab. Adak community entity means the affiliated with any holder of PQS or IPQ. Catcher vessel means a vessel that is non-profit entity incorporated under the (4) IFQ held by a crab harvesting used for catching crab and that does not laws of the state of Alaska that cooperative so long as no member of process crab on board. represents the community of Adak and that crab harvesting cooperative: CDQ community means a community has a board of directors elected by the (i) Holds PQS or IPQ; or eligible to participate in the Western residents of Adak. (ii) Is affiliated with a person who Alaska Community Development Affiliation means a relationship holds PQS or IPQ. Program under subpart C of 50 CFR part between two or more entities in which Arbitration QS means: 679. one directly or indirectly owns or (1) CVO QS held by a person who is CDQ group means a CDQ group as controls a 10-percent or greater interest not a holder of PQS or IPQ and is not that term is defined at 50 CFR 679.2. in, or otherwise controls another, or a affiliated with any holder of PQS or IPQ, Committed IFQ means: (1) Any Arbitration IFQ for which the third entity directly or indirectly owns (2) Prior to July 1, 2008, CVC QS held holder of such IFQ has agreed or or controls a 10-percent or greater by a person who is not a holder of PQS committed to delivery of crab harvested interest in, or otherwise controls both. or IPQ and is not affiliated with any with the IFQ to the holder of previously For the purpose of this definition, the holder of PQS or IPQ and that the uncommitted IPQ and for which the following terms are further defined: holder has elected to submit to the holder of the IPQ has agreed to accept (1) Entity. An entity may be an arbitration process, delivery of that crab, regardless of individual, corporation, association, (3) After July 1, 2008, CVC QS held whether such agreement specifies the partnership, joint-stock company, trust, by a person who is not a holder of PQS or any other type of legal entity, any price or other terms for delivery or or IPQ and is not affiliated with any (2) Any Arbitration IFQ for which, on receiver, trustee in bankruptcy or holder of PQS or IPQ . similar official or liquidating agent, or or after the date which is 25 days prior Arbitration System means the system to the opening of the first crab fishing any organized group of persons whether established by the contracts required by incorporated or not, that holds direct or season in the QS crab fishery for such § 680.20 including the process by which IFQ, the holder of the IFQ has indirect interest in: the Market Report and Non-Binding (i) QS, PQS, IFQ, or IPQ; or, unilaterally committed to delivery of Price Formula are produced and the crab harvested with the IFQ to the (ii) For purposes of the EDR, a vessel Binding Arbitration process. or processing plant operating in CR holder of previously uncommitted IPQ, Assessed value means the most recent regardless of whether the IFQ and IPQ fisheries. value for a vessel and gear provided in (2) Indirect interest. An indirect holders have reached an agreement that a marine survey. interest is one that passes through one specifies the price or other terms for Auditor means an examiner employed or more intermediate entities. An delivery. by, or under contract to, the data entity’s percentage of indirect interest in Committed IPQ means any IPQ for collection agent to verify data submitted a second entity is equal to the entity’s which the holder of such IPQ has in an economic data report. percentage of direct interest in an received a commitment of delivery from Blind data means any data collected intermediate entity multiplied by the a holder of Arbitration IFQ such that the from the economic data report by the intermediate entity’s direct or indirect Arbitration IFQ is committed IFQ, data collection agent that are interest in the second entity. regardless of whether the Arbitration (3) Controls a 10-percent or greater subsequently amended by removing IFQ and IPQ holders have reached an interest. An entity controls a 10-percent personal identifiers, including, but not agreement that specifies the price or or greater interest in a second entity if limited to social security numbers, crew other terms for delivery. the first entity: permit numbers, names and addresses, CP standard price means price, (i) Controls a 10-percent ownership Federal fisheries permit numbers, expressed in U.S. dollars per raw crab share of the second entity, or Federal processor permit numbers, pound, for all CR crab landed by a CP (ii) Controls 10-percent or more of the Federal tax identification numbers, as determined for each crab fishing year voting stock of the second entity. State of Alaska vessel registration and by the Regional Administrator and (4) Otherwise controls. An entity permit numbers, and by adding in their documented in a CP standard price list otherwise controls another when the place a nonspecific identifier. published by NMFS. first entity has the power through any Box size means the capacity of a crab- Crab cooperative IFQ means the other means whatsoever to exercise a packing container in kilograms or annual catch limit of IFQ crab that may controlling influence over the pounds. be harvested by a crab harvesting management or policies of the other BSAI crab means those crab species cooperative that is lawfully allocated a entity, unless such power is solely the governed under the Fishery harvest privilege for a specific portion of result of an official position with such Management Plan (FMP) for Bering Sea/ the TAC of a CR fishery. entity. Aleutian Islands King and Tanner Crabs. Crab cost recovery fee liability means Arbitration IFQ means: BSAI Crab Capacity Reduction that amount of money, in U.S. dollars, (1) Class A CVO IFQ held by a person Program means the program authorized owed to NMFS by a CR allocation who is not a holder of PQS or IPQ and by Public Law 106-554, as Amended by holder or RCR as determined by who is not affiliated with any holder of Public Law 107-20 and Public Law multiplying the appropriate ex-vessel PQS or IPQ, 107-117. value of the amount of CR crab debited (2) Prior to July 1, 2008, CVC IFQ held BSAI crab fisheries means those crab from a CR allocation by the appropriate by a person who is not a holder of PQS fisheries governed under the Fishery crab fee percentage. or IPQ and who is not affiliated with Management Plan (FMP) for Bering Sea/ Crab fee percentage means that any holder of PQS or IPQ that the holder Aleutian Islands King and Tanner Crabs. positive number no greater than 3 has elected to submit to the Arbitration Captain means, for the purposes of percent determined for each crab fishing System, and the EDR, a vessel operator. year by the Regional Administrator and

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63262 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

used to calculate the crab cost recovery (4) Catcher/processor crew (CPC) QS Economic data report (EDR) means fee liability for a CR allocation holder means a permit the face amount of the report of cost, labor, earnings, and under the Crab Rationalization Program. which is used as the basis for the annual revenue data for catcher vessels, Crab fishing year means the period calculation and allocation of crab IFQ to catcher/processors, shoreside crab from July 1 of one calendar year through qualified persons. processors, and stationary floating crab June 30 of the following calendar year. Crab QS fishery means those CR processors participating in CR fisheries. Crab grade means a grading system to fisheries under Table 1 to this part that Eligible crab community (ECC) means describe the quality of crab. require the use of QS and PQS and their a community in which at least 3 percent (1) Grade 1 means standard or resulting IFQ and IPQ to harvest and of the initial allocation of processor premium quality crab, and process IFQ crab. quota share of any crab fishery is (2) Grade 2 means below standard Crab QS program means the allocated. The specific communities quality crab. individual fishing quota (IFQ) or include: Crab Individual Fishing Quota (Crab individual processing quota (IPQ) (1) CDQ Communities. IFQ) means the annual catch limit of a programs for CR crab of the BSAI off (i) Akutan; CR fishery that may be harvested by a Alaska and governed by regulations (ii) False Pass; person who is lawfully allocated a under this part. (iii) St. George; and harvest privilege for a specific portion of (iv) St. Paul. the TAC of a CR fishery with the Crab QS regional designation means the designation of QS or PQS and the (2) Non-CDQ Communities. following designations or with the (i) Dutch Harbor; designation as a crab IFQ hired master: associated IFQ and IPQ subject to regional delivery requirements in this (ii) Kodiak; (1) Catcher Vessel Crew IFQ (CVC) (iii) King Cove; part. means a permit to annually harvest, but (iv) Port Moller; and not process, a CR crab on board a vessel. Crab Rationalization (CR) crab means (v) Adak. (2) Catcher Vessel Owner IFQ (CVO) those crab species subject to Eligible crab community (ECC) entity means a permit to annually harvest, but management under the Crab means a non-profit organization not process, a CR crab on board a vessel. Rationalization Program described in specified under § 680.41(j)(2) that is (i) Class A IFQ means IFQ that is Table 1 to this part. designated by an ECC other than Adak required to be delivered to a processor Crab Rationalization (CR) Program to represent it for the purposes of holding unused IPQ. means the individual fishing quota engaging in the right of first refusal of (ii) Class B IFQ means IFQ that is not (IFQ), individual processing quota transfer of crab PQS or IPQ outside the required to be delivered to a processor (IPQ), Community Development Quota ECC under contract provisions set forth holding unused IPQ. (CDQ), and the Adak community under § 680.40(m). For those ECCs that (3) Catcher/Processor Owner IFQ allocation programs, including all also are CDQ communities, the ECC (CPO) means a permit to annually management, monitoring, and entity is the CDQ group to which the harvest and process a CR crab with that enforcement components, for Bering ECC is a member. vessel. Sea/Aleutian Islands King and Tanner Eligible crab community organization (4) Catcher/Processor Crew IFQ (CPC) Crabs in waters off Alaska governed by means a permit to annually harvest and (ECCO) means a non-profit organization the regulations of this part. that represents at least one ECC as process a CR crab with that vessel. Crab rationalized (CR) allocation Crab IFQ hired master means a person defined in this part and that has been means any allocation of CR crab approved by the Regional Administrator who holds a crab IFQ hired master authorized under the QS/IFQ, PQS/IPQ, permit issued under § 680.4. to obtain by transfer and hold crab QS CDQ, or the Adak community allocation and to lease IFQ resulting from the crab Crab IFQ permit holder means the programs. person identified on an IFQ permit. QS on behalf of an ECC. Crab LLP license history means for Crab rationalized (CR) fisheries means Eligible community resident means, any particular crab LLP license: the total those fisheries defined in Table 1 to part for purposes of the Crab QS program, legal landings made on the vessel or 680. any individual who: vessels that gave rise to that license and Crew means: (1) Is a citizen of the United States; any total legal landings made under the (1) Any individual, other than the (2) Has maintained a domicile in the authority of that license. captain or fisheries observers, working ECC from which the individual requests Crab quota share (crab QS) means a on a vessel that is engaged in fishing. to lease crab IFQ for at least 12 permit the face amount of which is used (2) For the purposes of the EDR, each consecutive months immediately as the basis for the annual calculation employee on a vessel, excluding the preceding the time when the assertion and allocation of a person’s crab IFQ captain, that participated in any CR of residence is made and who is not with the following designations: fishery. claiming residency in another (1) Catcher vessel crew CVC QS Custom processing means processing community, state, territory, or country; means a permit the face amount of of crab undertaken on behalf of another and which is used as the basis for the annual person. (3) Is otherwise eligible to receive crab calculation and allocation of crab IFQ to Data collection agent (DCA) means QS or IFQ by transfer. qualified persons. the entity selected by the Regional Ex-vessel value means: (2) Catcher vessel owner (CVO) QS Administrator to distribute an economic (1) For the shoreside processing means a permit the face amount of data report (EDR) to a person required sector. The total U.S. dollar amount of which is used as the basis for the annual to complete it, to receive the completed all compensation, monetary and calculation and allocation of crab IFQ to EDR, to review and verify the accuracy non-monetary, including any qualified persons. of the data in the EDR, and to provide retro-payments, received by a CR (3) Catcher/processor owner (CPO) QS those data to authorized recipients. allocation holder for the purchase of any means a permit the face amount of Days at Sea means, for the purposes CR crab debited from the CR allocation which is used as the basis for the annual of the EDR, the number of days spent at described in terms of raw crab pounds. calculation and allocation of crab IFQ to sea while fishing for crab, including (2) For the catcher/processor sector. qualified persons. travel time to and from fishing grounds. The total U.S. dollar amount of CR crab

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63263

landings as calculated by multiplying Mutual Agreement for purposes of the Uncommitted IFQ means any the number of raw crab pounds debited Arbitration System means the consent Arbitration IFQ that is not Committed from the CR allocation by the and agreement of Arbitration IFQ. appropriate CP standard price Organizations that represent an amount Uncommitted IPQ means any IPQ that determined by the Regional of Arbitration QS equal to more than 50 is not Committed IPQ. Administrator. percent of all the Arbitration QS in a U.S. Citizen means: Finished pounds means the total fishery, and an amount of PQS equal to (1) Any individual who is a citizen of weight of processed product, not more than 50 percent of all the PQS in the United States; or including container, in pounds. a fishery based upon the Annual (2) Any corporation, partnership, IFQ account means the amount of Arbitration Organization Reports. association, or other entity that is crab IFQ in round pounds that is held Newly constructed vessel means, for organized under Federal, state, or local by a person at any particular time for a the purposes of initial QS issuance, a laws of the United States or that may crab QS fishery, sector, region, and vessel on which the keel was laid by legally operate in the United States. class. June 10, 2002. IFQ crab means crab species listed in § 680.3 Relation to other laws. Official crab rationalization record (a) King and Tanner crab. (1) Table 1 to this part subject to means the information prepared by the management under the crab QS Additional laws and regulations Regional Administrator about the legal governing the conservation and program. landings and legal processing by vessels Initial processor quota share pool management of king crab and Tanner and persons in the BSAI crab fisheries means the total number of processor crab in the BSAI area are contained in during the qualifying periods specified quota share units for each crab QS 50 CFR part 679, Alaska Statutes at A.S. at § 680.40. fishery which is the basis of initial 16, and Alaska Administrative Code at processor quota share allocations. Processing, or to process means the 5 AAC Chapters 34, 35, and 39. Initial quota share pool means the preparation of, or to prepare, crab to (2) The Alaska Administrative Code total number of non-processor quota render it suitable for human (at 5 AAC 39.130) governs reporting and share units for each CR fishery which is consumption or storage. This includes, permitting requirements using the the basis of initial QS allocations. but is not limited to, cooking, canning, ADF&G ‘‘Intent to Operate’’ registration Individual processor quota (IPQ) butchering, sectioning, freezing or icing. form and ‘‘Fish Tickets.’’ means the annual amount of crab that Processor quota share (PQS) means a (b) Sport, personal use, and may be processed by a person who is permit the face amount of which is used subsistence. (1) For State of Alaska lawfully allocated a processing privilege as the basis for the annual calculation statutes and regulations governing sport for a specific portion of the TAC for a and allocation of an IPQ. and personal use crab fishing other than CR fishery. Raw crab pounds means the recorded subsistence fishing, see Alaska Statutes, IPQ account means the amount of weight of crab in pounds at landing or Title 16—Fish and Game; 5 AAC crab IPQ in round pounds that is held prior to processing. Chapters 47 through 77. by a person at any particular time for a Registered crab receiver (RCR) means (2) For State of Alaska statutes and CR fishery and region. a person holding an RCR Permit issued regulations governing subsistence Landing means the transfer of raw by the Regional Administrator. fishing for crab, see Alaska Statutes, crab harvested by a vessel prior to that Right of First Refusal (ROFR) means Title 16—Fish and Game; 5 AAC 02.001 crab being reported on a CR crab the contractual provisions set forth through 02.625. landing report. under § 680.40(m) between the holders § 680.4 Permits. (1) For catcher/processors, the amount of PQS and ECC entities for the Persons participating in the CR crab of crab retained during a reporting opportunity of ECCs to exercise the right fisheries are required to possess the period constitutes a landing. to purchase PQS proposed to be permits described in this section. (2) For catcher vessels, the amount of transferred by a holder of PQS in an Approval of applications under this part crab landed from the boat at a single ECC. may be conditioned on the payment of location/time constitutes a landing. Seafood Marketing Association Lease of QS/IFQ or PQS/IPQ means a fees under § 680.44 or the submission of Assessment (SMAA) means the seafood temporary, annual transfer of crab IFQ an EDR as described under § 680.6. processing assessment collected by or IPQ without the underlying QS or (a) Crab QS Permit. Crab QS is issued processing firms and buyers from PQS. by the Regional Administrator to fishery harvesters for the State of Leaseholder means, for purposes of persons who successfully apply for an Alaska. the EDR, a person who: initial allocation under § 680.40 or to (1) Is identified as the leaseholder in Share payment means an amount of receive QS by transfer under § 680.41. a written lease of a catcher vessel, monetary compensation (not salary or Once issued, a QS permit is valid until catcher/processor, shoreside crab wages) based on gross or net earnings of modified by transfer under § 680.41; or processor, or stationary floating crab a BSAI crab fishing vessel. the permit is revoked, suspended, or processor, or Shoreside crab processor means any modified pursuant to § 679.43 or under (2) Pays the expenses of a catcher person or vessel that receives, 15 CFR part 904. vessel, catcher/processor, shoreside crab purchases, or arranges to purchase (b) Crab PQS Permit. Crab PQS is processor, or stationary floating crab unprocessed crab, except a catcher/ issued by the Regional Administrator to processor, or processor or a stationary floating crab persons who successfully apply for an (3) Claims expenses for the catcher processor. initial allocation under § 680.40 or vessel, catcher/processor, shoreside crab Stationary floating crab processor receive PQS by transfer under § 680.41. processor, or stationary floating crab (SFCP) means a vessel of the United Once issued, a PQS permit is valid until processor as a business expense on States that remains anchored or modified by transfer under § 680.41 or schedule C of his/her Federal income otherwise remains stationary while until the permit is revoked, suspended, tax return or on a state income tax receiving or processing in the waters of or modified pursuant to § 679.43 or return. the State of Alaska. under 15 CFR part 904.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63264 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(c) Crab IFQ Permit. (1) A Crab IFQ must be submitted no later than August information is true, correct, and Permit authorizes the person identified 1 of the crab fishing year for which a complete to the best of his/her on the permit to harvest crab in the person is applying to receive IFQ or knowledge and belief. Print the name of fishery identified on the permit at any IPQ. If a complete application is not the applicant. If the application is time the fishery is open during the crab submitted by this date, that person will completed by an authorized fishing year for which the permit is not receive IFQ or IPQ for that crab representative, proof of authorization issued, subject to conditions of the fishing year. must accompany the application. permit. A crab IFQ permit is valid in the (e) Contents of Annual Application (6) EDR submission. Verification that following circumstances: for Crab IFQ/IPQ permit. A person a current EDR was submitted to the DCA (i) Until the end of the crab fishing applying for an Annual Crab IFQ or IPQ for this applicant, if required under year for which the permit is issued; permit must include the following § 680.6. (ii) Until the amount harvested is information: (f) Crab IFQ Hired Master Permit. (1) equal to the amount specified on the (1) Applicant information. (i) A Crab IFQ Hired Master Permit permit; Applicant’s name and NMFS Person ID; authorizes the individual identified on (iii) Until the permit is modified by (ii) Applicant’s date of birth or, if a the permit to harvest and land IFQ crab transfers under § 680.41; or non-individual, date of incorporation; for debit against the specified Crab IFQ (iv) Until the permit is revoked, (iii) Applicant’s social security Permit until the Crab IFQ Hired Master suspended, or modified pursuant to number (optional) or tax identification Permit expires or is revoked, suspended, § 679.43 or under 15 CFR part 904. number; or modified under 15 CFR part 904 or (2) A legible copy of any Crab IFQ (iv) Applicant’s permanent business on request of the Crab IFQ Permit Permit must be carried on board the mailing address and any temporary holder. vessel used by the permitted person at mailing address the applicant wishes to (2) A legible copy of an IFQ Hired all times that such crab are retained on use; Master Permit must be on board a vessel board. (v) Applicant’s telephone number, used to harvest IFQ crab at all times (3) A Crab IFQ Permit is issued on an facsimile number, and e-mail address; such crab are retained on board. Except annual basis by the Regional (2) Crab IFQ or IPQ Permit as specified in § 680.42, an individual Administrator to persons who hold crab identification. (i) Indicate Crab QS who is issued a Crab IFQ Hired Master QS of the type specified by the QS and fishery(ies) for which applicant is Permit must remain aboard the vessel who have submitted a complete Annual applying to receive IFQ or IPQ by type; used to harvest IFQ crab with that Application for Crab IFQ/IPQ Permit (ii) Indicate (YES or NO) whether permit during the crab QS fishing trip that is subsequently approved by the applicant has joined a crab cooperative; and at the landing site until all crab Regional Administrator. if YES, indicate cooperative’s name; harvested under that permit are (d) Crab IPQ Permit. (1) A Crab IPQ (3) Affidavit of affiliation. A offloaded and the landing report for Permit authorizes the person identified completed affidavit of affiliation such crab is completed. on the permit to process the IFQ crab declaring any and all affiliations, as the (3) Contents of Application for Crab identified on the permit, subject to term ‘‘affiliation’’ is defined at § 680.2, IFQ Hired Master Permit. A complete conditions of the permit, until the with any PQS permit holders. An application for a Crab IFQ Hired Master amount processed is equal to the affidavit of affiliation will include Permit must include the following: amount specified on the permit or until affirmations by the applicant pertaining (i) Purpose of application. Whether the permit is revoked, suspended, or to relationships that may involve direct the application is to add or to delete a modified under 15 CFR part 904. An or indirect ownership or control of the hired master and identification of crab IPQ permit is valid in the following delivery of IFQ and any supplemental permit(s) for which this application is circumstances: documentation deemed necessary by submitted; (i) Until the end of the crab fishing NMFS to determine whether an (ii) Permit holder information. (A) year for which the permit is issued; affiliation exists; Name and NMFS Person ID; (ii) Until the amount harvested is (i) Whether any entity holding PQS or (B) Social security number (optional) equal to the amount specified on the IPQ owns, directly or indirectly, 10 or tax ID number; permit; percent or more of the applicant for IFQ (C) Permanent business mailing (iii) Until the permit is modified by or IPQ; address, and any temporary mailing transfers under § 680.41; or (ii) Whether any entity that holds PQS address the applicant wishes to use, (iv) Until the permit is revoked, or IPQ is affiliated with the applicant, business telephone number, facsimile suspended, or modified pursuant to as affiliation is defined in § 680.2; number, and e-mail address (if § 679.43 or under 15 CFR part 904. (iii) If the answer is YES to either available); (2) A legible copy of a Crab IPQ paragraph (e)(3)(i) or (e)(3)(ii) of this (iii) Identification of vessel upon Permit authorizing processing of IFQ section, provide a list of all PQS or IPQ which crab IFQ will be harvested. (A) crab must be retained on the premises holders with which you are affiliated, Vessel Name, ADF&G vessel registration or vessel used by the permitted person including: full name, business mailing number, USCG documentation number; to process the IFQ crab at all times that address, and business telephone (B) Indicate whether (YES or NO) the such crab are retained on the premises number. applicant owns at least a 10 percent or vessel. (4) Identification of ownership ownership interest in the vessel the (3) A Crab IPQ Permit is issued on an interests. If the applicant is not an Crab IFQ hired master will use to fish annual basis by the Regional individual, the names of all persons, to permit holder’s IFQ. If YES, provide Administrator to persons who hold crab the individual level, holding an documentation of applicant’s 10-percent processor QS of the type specified by ownership interest in the entity and the ownership interest. the QS and who have submitted a percentage ownership each person and (iv) Crab IFQ hired master permit complete Annual Application for Crab individual holds in the applicant; holder information. Complete a separate IFQ/IPQ Permit that is subsequently (5) Certification of applicant. The section for each crab IFQ hired master. approved by the Regional applicant must sign and date the (A) Name and NMFS Person ID; Administrator. A complete application application certifying that all (B) Social security number (optional);

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63265

(C) Date of birth of hired master; (iii) Type of activity. Type of receiving (iv) Type of vessel operation. Indicate (D) Permanent business mailing or processing activity whether catcher/ the type of operations the vessel may address, and any temporary mailing processor or shoreside processor; conduct during a crab fishing year. address the applicant wishes to use, (iv) Individual responsible for the (v) Designated representative for EDR. business telephone number, facsimile submission of the EDR. (A) Name of the The name, permanent business mailing number, and e-mail address (if designated representative submitting the address, business telephone number, available). EDR required at § 680.6 on behalf of the business facsimile number, and (v) Applicant certification. The RCR; business e-mail address of the applicant must sign and date the (B) Business mailing address, designated representative. application certifying that all telephone number, facsimile number, (vi) Applicant certification. The information is true, correct, and and e-mail address, if different from the owner(s) of the vessel must sign and complete to the best of his/her RCR’s contact information; date the application certifying that all knowledge and belief. If the application (v) Application certification. The information is true, correct, and is completed by an authorized applicant must sign and date the complete to the best of his/her representative, then a proof of application certifying that all knowledge and belief. Print the authorization must accompany the information is true, correct, and applicant name. If the application is application. complete to the best of his/her completed by an authorized (g) RCR permit. (1) An RCR permit is knowledge and belief. If the application representative, then a proof of issued on an annual basis. An RCR is completed by an authorized authorization must accompany the permit is valid during the crab fishing representative, then a proof of application. year for which it is issued until the RCR authorization must accompany the (4) Transfer. A Federal Crab Vessel permit expires or is revoked, suspended, application. Permit issued under this paragraph is or modified under 15 CFR part 904. (vi) Verification that a current EDR not transferable or assignable and is (2) An RCR permit is required for: was submitted to the DCA for this valid only for the vessel for which it is (i) Any person who receives applicant, if required under § 680.6. issued. unprocessed CR crab from the person(s) (h) Federal Crab Vessel Permit. The (5) Amended Application. The holder who harvested the crab; owner of a vessel must have a Federal of a Federal Crab Vessel Permit must (ii) The owner or operator of a vessel Crab Vessel Permit on board that vessel submit an amended application for a that processes CR crab at sea; and when used to fish for CR crab. Federal Crab Vessel Permit within 60 (iii) Any person required to submit a (1) A Federal Crab Vessel Permit is days of the date of change in: Departure Report under 50 CFR issued on an annual basis and is in (i) The ownership of the vessel. A 679.5(l)(4). effect from the date of issuance through copy of the current USCG (3) Contents of Application for RCR the end of the current crab fishing year, documentation for the vessel showing permit. A complete application for an unless it is revoked, suspended, or the change in ownership must RCR permit must include verification modified under § 600.735 or § 600.740. accompany the amended application. that any and all fees owed by the (2) A Federal Crab Vessel Permit may (ii) The individual responsible for applicant are paid and that a current not be surrendered at any time during submission of the EDR on behalf of the EDR was submitted to the DCA for this the crab fishing year for which it is vessel’s owner(s). applicant, if required under § 680.6. In issued. (i) Annual Crab Harvesting addition, the applicant must include the (3) Contents of Application for Cooperative IFQ Permit. See § 680.21. following information: Federal Crab Vessel Permit. A complete (j) Issuance. The Regional (i) Indicate whether the application is application for a Federal Crab Vessel Administrator may issue or amend a a renewal of an existing RCR permit, an Permit must include verification that a Crab QS, PQS, IFQ, and IPQ Permit or amendment to an existing RCR permit, current EDR was submitted to the DCA a Crab IFQ Hired Master Permit or a request for a new RCR permit. If a for this applicant, if required under annually or at other times as needed renewal of or amendment to an existing § 680.6, and the following information: under this part. RCR permit, include the applicant’s (i) Indicate whether (YES or NO) the (k) Transfer. Crab QS, PQS, IFQ and RCR permit number; application amends an existing Federal IPQ permits and Federal Crab Vessel (ii) Applicant identification. (A) Name Crab Vessel permit; if YES, indicate Permits issued under § 680.4 are not and NMFS Person ID of the applicant; permit number of the existing permit; transferable, except as provided under (B) Applicant’s social security number (ii) Owner information. The name(s), § 680.41. Crab IFQ Hired Master or tax ID number; permanent business mailing address, Permits, RCR permits, and crab (C) Name of contact person for the social security number (voluntary) or cooperative permits issued under this applicant, if applicant is not an tax ID, business telephone number, section are not transferable. individual; business facsimile number, business (l) Inspection. The holder of a Crab (D) Permanent business mailing e-mail address (if available) of all vessel IFQ Permit, Crab IPQ Permit, or Crab address; owners, and the name of any person or IFQ Hired Master Permit must present a (E) Physical land-based location of company (other than the owner) that legible copy of the permit on request of facility including street, city, and state, manages the operation of the vessel; any authorized officer or RCR receiving at which the RCR operates. A separate (iii) Vessel information. The vessel’s a crab IFQ landing. The operator of a RCR permit is required for each facility; name and home port (city and state), vessel used to fish for BSAI crab must (F) Physical location of vessel ADF&G processor code, whether a present the original Federal Crab Vessel including port name and position vessel of the United States, USCG Permit on request of any authorized coordinates in latitude and longitude to documentation number, and ADF&G officer or RCR receiving a crab IFQ the nearest minute; and vessel registration number, vessel’s LOA landing. A legible copy of the RCR (G) Business telephone number, (in feet), registered length (in feet), gross permit must be present at the location facsimile number, and e-mail address (if tonnage, net tonnage, and shaft of a crab IFQ landing and must be made available). horsepower. available by an individual representing

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63266 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

the RCR for inspection on request of any (2) Responsibility. The following (iii) A crab IPQ permit holder or the authorized officer. participants in the CR crab fisheries are manager of a crab IPQ permit holder; responsible for complying with the § 680.5 Recordkeeping and reporting (iv) An RCR, including an RCR that (R&R). applicable R&R requirements provided receives CR crab for custom processing, in paragraph (a)(2)(v) of this section: (a) General requirements—(1) and an RCR that is the operator of a Recording and reporting crab. Any CR (i) The owner and operator of any catcher vessel; vessel used to harvest or process CR crab harvested that is retained, landed, (v) The persons that are responsible crab; received or processed, and crab that for specific reports, forms, and records cannot be processed, must be recorded (ii) A crab IFQ permit holder or crab are specified in the following table: and reported. IFQ hired master;

Recordkeeping and Reporting Report Person Responsible Reference

(A) Product Transfer Report (PTR) Owner and operator of catch- § 679.5(g) er/processor; Owner and manager of shoreside proc- essor or SFCP; RCR

(B) U.S. Vessel Activity Report (VAR) Owner and operator of vessel § 679.5(k)

(C) Transhipment Authorization Owner or operator of catcher/ § 679.5(l)(3) processor; RCR

(D) IFQ Departure Report Owner and operator of vessel § 679.5(l)(4)

(E) CR crab Landing Report RCR § 680.5(b)

(F) Catcher/processor offload report RCR § 680.5(c)

(G) Eligible Crab Community Organization (ECCO) ECCO § 680.5(d) Annual Report for an Eligible Crab Community (ECC)

(H) RCR Fee Submission Form RCR § 680.5(e)

(I) Crab Economic Data Report (EDR) Owners or leaseholders of a § 680.6 catcher vessel, catcher/proc- essor, shoreside processor, or SFCP

(3) Representative. Designation of a (a)(2)(i) of this section must retain all Administrator to provide information representative to complete R&R reports and receipts as follows: needed to process account access into requirements does not relieve the (i) On site. Until the end of the crab the IERS. The IERS will provide a web person(s) responsible for compliance or fishing year during which the records page where the applicant will enter ensuring compliance with this section. were made and for as long thereafter as information. The IERS will validate that (4) Submittal of information. A person crab or crab products recorded in the all required information is submitted, must submit to NMFS all information, records are retained onboard the vessel that the information entered is in correct records, and reports required in this or onsite at the facility; and format, and also that the requested user section in English and in a legible, (ii) For 3 years. For 3 years after the ID is not already in use. The IERS will timely, and accurate manner, based on end of the crab fishing year during generate a PDF document from the A.l.t.; if handwritten or typed, in which the records were made. information entered by the applicant. indelible ink. (8) Landing verification and The user will sign and submit the form. (5) Alteration of records. A person inspection. Each CR crab landing and all An agency user will review the form, may not alter or change any entry or crab retained on board the vessel confirm that the user should be record submitted to NMFS, except that making a CR crab landing are subject to authorized for the system, and will an inaccurate, incomplete, or incorrect verification and inspection by activate the user on the IERS. The IERS entry or record may be corrected after authorized officers. will then send the user an email telling notifying the Regional Administrator at (9) Sampling. Each CR crab landing them they can now use their new user the address and fax number listed on and all crab retained onboard a vessel ID. each form. making a CR crab landing are subject to (2) Contents of the IERS. The IERS (6) Inspection of records. A person sampling by authorized officers and application for user ID must contain the responsible for R&R under paragraph observers. following information: (a)(2)(i) of this section must make (b) Interagency electronic reporting (i) Date of application; available for inspection all reports, system (IERS). The RCR must obtain at (ii) Name of applicant (user); forms, scale receipts, and CR crab his or her own expense, hardware, (iii) Processor name and location (city landing report receipts upon the request software, and Internet connectivity to and state); of an authorized officer for the time support Internet submissions of the CR (iv) Business telephone number, periods indicated in paragraph (a)(7) of crab landing report on the IERS. facsimile number, and e-mail address; this section. (1) IERS application for user ID. Each (v) Requested user ID; (7) Retention of records. A person RCR and permit holder must submit a (vi) Initial password; responsible for R&R under paragraph data-entry application to the Regional (vii) Security question;

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63267

(viii) Security answer; NMFS-approved reporting method, (xiii) Date of the CR crab landing; (ix) Processor code(s); must be signed by both the RCR and (xiv) Number of pot lifts in each (x) Federal processor permit permit holder. This receipt constitutes ADF&G statistical area; number(s); confirmation that NMFS received the (xv) Number of crew. Enter crew (xi) RCR permit number(s); CR crab landing report and that the including operator and excluding (xii) Registered buyer permit permit holder’s account is properly observer(s); number(s); debited. (xvi) Number of observers; (xiii) Signature of applicant and date (7) Time limits. (i) A landing of CR (xvii) ADF&G fish ticket number; signed. Signature of applicant on form crab may commence at any time. (xviii) Type of processing operation. If means that RCR or permit holder, as (ii) For CR crab harvested under a shoreside processor, enter port code appropriate, agrees to use access CPO or CPC permit, an RCR must from Tables 14a or 14b to part 679. If privileges to the IERS for purposes of submit a completed CR crab landing catcher/processor, enter operation type submitting legitimate fishery landing report to NMFS within 6 hours of the from Table 14c to part 679. reports and to safeguard the user ID and end of each calendar day (A.l.t.) in (xix) ADF&G statistical area of harvest password to prevent their use by which the CR crab was harvested. reported by the IFQ permit holder; unauthorized persons. (iii) For CR crab harvested on a (xx) Species code of catch from Table (xiv) Signature of plant manager and catcher/processor, the owner or operator 2 to this part; date signed. Signature of plant manager is required to submit a daily CR crab (xxi) Delivery-condition code of catch ensures that the applicant is authorized landing report to NMFS within 6 hours from Table 3 to this part. (xxii) Number of crabs retained to submit landing reports for the of the end of each calendar day (A.l.t.) (optional); processor identification number(s) in which CR crab was harvested. listed. (xxiii) Price per pound; (8) IERS CR landing report procedure. (xxiv) Total value for each species of (c) CR crab landings—(1) Joint and (i) An RCR must enter his or her several liability. The CR crab permit CR crab reported; authorized user ID and password to (xxv) Scale weight of live crab in holder and crab IFQ hired master are access the IERS. An RCR obtains a user required to provide accurate pounds; ID by submitting to NMFS an IERS (xxvi) Scale weight of deadloss in information to the RCR to complete the application for user ID (see paragraph CR crab landing report. pounds; (b)(1) of this section). (xxvii) Scale weight of crab retained (2) Reporting. Any CR crab not (ii) The CR crab permit holder must previously reported must be reported by for personal use in pounds; and provide his or her name, NMFS person (xxviii) Gear code to describe gear the RCR on any day when CR crab is ID number, crab permit holder permit used to harvest CR crab (see Table 15 to landed. number, and his or her own password (3) Submission requirement. An RCR 50 CFR part 679). or personal identification number (PIN), (10) Custom processing. In addition to is required to submit a CR crab landing if required, to enter a CR crab landing the information required in paragraph report to the Regional Administrator for report. (b)(6) of this section, if custom each catcher vessel landing. (iii) A person who for any reason is (4) Properly debited landing. All processing CR crab, enter the name and unable to properly submit an electronic ADF&G processor code of that other retained crab catch must be weighed, CR crab landing report or debit a reported and debited from the person; landing as required under paragraph (c) (11) CDQ and Adak landings. Instead appropriate IFQ or IPQ account under of this section must telephone NMFS at of the information described in which the catch was harvested, as 800-304-4846; paragraph (b)(6) of this section, an RCR appropriate. A properly debited Internet (iv) The address of the NMFS Alaska who receives a landing of CR crab receipt from the IERS or a manual Region Internet site will be provided to harvested under the CDQ or Adak landing report receipt constitutes all RCRs receiving crab; community allocation programs must confirmation that NMFS received the (9) Contents of CR landing report. The submit for each landing the following CR crab landing report and that the RCR must accurately enter the following information for each CR fishery and permit holder’s account is properly information in a CR crab landing report: species: debited. The receipt must be signed and (i) RCR permit number; (i) RCR permit number; dated by both the RCR and permit (ii) ADF&G processor code of first (ii) CR fishery code from Table 1 to holder. purchaser; this part; (5) Remain at landing site. Except for (iii) CFEC permit number; (iii) Crab species code from Table 2 to landings of CR crab processed at sea, (iv) Vessel name; this part; once the landing has commenced, the (v) Valid year of CFEC license; (iv) Type of crab, either CDQ or Adak CR crab permit holder or crab IFQ hired (vi) Valid year of processor permit; community allocation; master and the harvesting vessel may (vii) CR fishery code from Table 1 to (v) If CDQ, enter CDQ group number; not leave the landing facility until the this part; (vi) Crab species amount. Enter the CR crab account is properly debited (as (viii) Indicate (YES or NO) if a portion initial accurate scale weight(s) in raw defined in paragraph (c)(4) of this of the harvested CR crab was delivered crab pounds landed or processed at sea; section). to another processor; if YES, indicate (vii) Price per pound; and (6) No movement of CR crab. The the other processor’s name and (viii) Total value for each species of landed crab may not be moved from the associated crab fish ticket number; CR crab reported (optional). facility where it is landed until the CR (ix) Indicate (YES or NO) whether all (12) Required signature. After the RCR crab landing report is received by the CR crab are removed from the vessel; enters the landing and/or processing Regional Administrator, and the IFQ (x) Management program: IFQ, CDQ, data in the Internet submission form(s) permit holder’s or IPQ permit holder’s or Adak. If CDQ enter CDQ group or other electronic method approved by account is properly debited (as defined number; NMFS, the RCR and the IFQ permit in paragraph (c)(4) of this section. A (xi) ADF&G vessel registration holder must sign the printed receipts to properly printed Internet submission number of the delivering vessel; acknowledge the accuracy of the CR receipt, or a receipt from another (xii) Date fishing began; crab landing report.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63268 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(d) Catcher/processor offload report. (iv) Description of efforts made to (E) Certification of applicant. Printed The owner or operator of a catcher/ ensure that IFQ lessees employ crew name and signature of applicant and processor that harvested CR crab must members who are eligible community date signed. If authorized complete a catcher/processor offload residents of the ECC aboard vessels on representative, attach authorization to report at the time of offload of CR crab which IFQ derived from QS held by a application. and attach a scale printout showing ECCO is being fished; (ii) Method of Payment (see § 680.44 gross product offload weight. (v) Description of the process used to (a)(4)). The RCR must indicate the form (1) Contents of catcher/processor solicit lease applications from eligible of payment for fees including personal offload report. The catcher/processor community residents of the ECC on check, bank certified check (cashier’s offload report must include the whose behalf the ECCO is holding QS; check), money order, or credit card. If following: (vi) Names and business addresses credit card, the RCR must submit the (i) Name, ADF&G processor code, and and amount of IFQ requested by each card number, expiration date, amount of Federal crab vessel permit number of individual applying to receive IFQ from payment, name as printed on the card, the catcher/processor; the ECCO; signature of the card holder, and date of (vii) Any changes in the bylaws of the (ii) Fishing start date and time; signature. (iii) Fishing stop date and time; ECCO, board of directors, or other key management personnel; (g) Product transfer report. (See (iv) Product code from Table 3 to this § 679.5(g).) part (viii) Copies of minutes, bylaw changes, motions, and other relevant (h) U.S. Vessel activity report (VAR). (v) Total gross weight of product (See § 679.5(k).) offload, including glaze and packaging; decision making documents from ECCO (i) Transshipment authorization. (See (vi) Estimated glaze percentage; board meetings. § 679.5(l)(3).) (vii) Case count and average box (f) RCR fee submission form. (See weight (lb or kg); § 680.44.) (j) IFQ departure report. (See (1) Applicability. An RCR who (viii) Net weight of crab product (lb or § 679.5(l)(4).) receives any CR crab per § 680.44 or the kg); (k) Catcher vessel longline and pot RCR’s authorized representative must (ix) Completion date and time of daily fishing logbook (DFL) and catcher/ submit a complete RCR Fee Submission catcher/processor offload; processor daily cumulative production Form electronically, by mail, or by (x) Location (port) of catcher/ logbook (DCPL). (See § 679.5 (c)). facsimile to the Regional Administrator. processor offload (see Tables 14a and Mail to: Regional Administrator, NMFS, § 680.6 Crab economic data report (EDR). 14b to part 679); Alaska Region; Attn: Operations, (xi) ADF&G fish ticket number. (a) Catcher vessel historical EDR. (1) Management, & Information Division (2) The RCR must submit NMFS will select catcher vessels from a (OMI); P.O. Box 21668; Juneau, AK electronically or by fax the catcher/ list of known catcher vessels that made 99802-1668; Facsimile No. processor offload report and a copy of at least one landing from fisheries listed (907-586-7354). RCRs may also submit the scale printout within 2 hours of in Table 1 to this part between January an RCR Fee Submission Form completion of offload to the Regional 1, 1998, through December 31, 2004, electronically to NMFS via forms Administrator at Facsimile No. and will publish a Federal Register available from RAM or on the RAM area (907-586-7465). notice identifying vessels whose of the Alaska Region Home Page at (e) ECCO Annual Report for an ECC. existing or former owners and http://www.fakr.noaa.gov/ram. leaseholders are required to submit an (1) Annually by June 30, each ECCO (2) Due date and submittal. The must submit a complete annual report EDR, as follows: reporting period of the RCR Fee (i) Owners or leaseholders of catcher on its CR crab activity for the prior crab Submission Form shall be the crab fishing year for each ECC represented by vessels that participated in the BSAI fishing year. An RCR must submit any crab fisheries between January 1, 1998, the ECCO. The ECCO must submit a crab cost recovery fee liability copy of the annual report to the through December 31, 2004 and have payment(s) and the RCR Fee Submission qualified for or hold QS, PQS, IFQ, or governing body of each community Form to NMFS electronically or to the represented by the ECCO and to the IPQ under this Program. address provided at paragraph (e)(1) of (ii) Owners or leaseholders of catcher Regional Administrator, NMFS, Alaska this section not later than July 31 Region; P.O. Box 21668; Juneau, AK vessels that participated in the BSAI following the crab fishing year in which crab fisheries between January 1, 1998, 99802. the payment for CR crab landings were (2) Contents of ECCO Annual Report. through December 31, 2004, that did not made. qualify for and receive QS, PQS, IFQ, or A complete annual report must include (3) Required information. An RCR IPQ, but are participants at any time the following information for the IFQ must accurately record on the RCR Fee since January 23, 2004, in the BSAI crab derived from the QS held by the ECCO: Submission Form the following fisheries. (i) Name, ADF&G vessel registration information: number, USCG documentation number, (i) Identification of the RCR. (A) (2) Time limit. The owner or length overall (LOA), and home port of Printed full name and NMFS person ID leaseholder of the identified vessels each vessel from which the IFQ was of RCR; must submit the historical EDR to the harvested; (B) Social security number or Federal DCA 60 days after the Federal Register (ii) Name and business addresses of tax identification number; notice notifying owners or leaseholders individuals employed as crew members (C) Permanent or temporary business to the address provided on the form. when fishing the IFQ; mailing address; (3) Instructions. Instructions for (iii) Criteria used by the ECCO to (D) Business telephone number, submitting a catcher vessel historical distribute IFQ leases among eligible business facsimile number, and EDR and certification page are specified community residents; business e-mail address (if available). in the following table:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63269

If you were ... And ... You must complete and submit ...

(i) The catcher vessel owner (A) You harvested BSAI crab in the vessel described Entire EDR for each year that BSAI crab was har- as described in paragraph at paragraph (a)(4)(ii)(B) of this section and were noti- vested. (a)(1) of this section fied by NMFS to submit an EDR for selected years.

(B) No one harvested BSAI crab in the vessel de- EDR certification pages. scribed at paragraph (a)(4)(ii)(B) of this section and were notified by NMFS to submit an EDR for selected years.

(C) You leased the vessel to another party, and har- (1) EDR certification pages. vested no BSAI crab in the vessel described at para- graph (a)(4)(ii)(B) of this section and were notified by (2) Provide the name, address, and telephone number NMFS to submit an EDR for selected years. of the person to whom you leased the vessel during the NMFS-selected years.

(D) You leased the vessel for a portion of the year to (1) Entire EDR for each year that BSAI crab was har- another party, but harvested some BSAI crab in the vested. vessel described at paragraph (a)(4)(ii)(B) of this sec- tion and were notified by NMFS to submit an EDR for (2) Provide the name, address, and telephone number selected years. of the person to whom you leased the vessel during the NMFS-selected years.

(ii) The leaseholder as de- You harvested BSAI crab in the vessel described at Entire EDR for each year that BSAI crab was har- scribed in paragraph (a)(1) paragraph (a)(4)(ii)(B) of this section vessel and were vested. of this section notified by NMFS to submit an EDR for selected years.

(4) EDR certification pages. (i) The the regulations in this part. The (A) If Alaska, enter primary city of owner or leaseholder must submit the designated representative is the primary residence. EDR certification pages either: contact person for the DCA on issues (B) If state other than Alaska, enter (A) As part of the entire EDR. The relating to data required in the EDR. primary state of residence. owner or leaseholder must submit the (E) Person completing this report. (1) (C) If country other than United completed EDR certification pages as Indicate whether the person completing States, enter primary country of part of the entire EDR and must attest this report is the owner or leaseholder; residence. to the accuracy and completion of the (2) If the owner is the person (vi) BSAI crab-specific vessel costs. EDR by signing and dating the completing this report, check the correct For the fishing year being reported, certification pages; or box. The information provided above record insurance premiums (for hull, (B) As a separate document. The does not need to be repeated here; and property and indemnity, and pollution), owner or leaseholder must submit the (3) Name of person, title, and business insurance deductible fees, quantity and completed EDR certification pages only, telephone number, facsimile number, cost of pots purchased, line, and other and must attest that they meet the and e-mail address (if available). crab fishing gear purchases, pounds and cost of bait by species, gallons and cost conditions exempting them from (5) EDR. The owner or leaseholder of fuel, cost of lubrication and hydraulic submitting the EDR, by signing and must record the following information fluids, cost of food and provisions for dating the certification pages (see on an EDR: paragraph (a)(3) of this section). crew, other crew costs, freight costs of (i) Crab activity chart. Complete a (ii) The owner or leaseholder must supplies shipped to you for the vessel, crab activity chart by entering the submit the following information on the freight costs for landed crab, storage, following information: CR fishery code certification pages: observer costs, fish taxes, and other (A) Calendar year of EDR. Calendar (see Table 1 to this part), ADF&G Fish crab-specific costs. year for which the vessel is selected; ticket number(s), number of days at sea, (vii) Vessel-specific costs. Record the (B) Catcher vessel information: Vessel average crew size, and number of pots total for each category. If the reported name, company name, USCG lost (if applicable). total expense should not be attributed documentation number, ADF&G vessel (ii) Crab sales gross revenue. CR solely to BSAI crab operations, please registration number, Federal crab vessel fishery code, pounds sold, and gross place an ‘‘X’’ in the PRORATE OVER permit number, crab LLP license revenue. ALL ACTIVITIES column. The analyst number(s), estimated market value of (iii) CDQ crab lease costs. CR fishery will prorate this amount over all vessel vessel and equipment, and replacement code, pounds leased, and total cost of activities: improvements for vessel, gear value of vessel and equipment. lease. and equipment; repair and maintenance (C) Owner information: Owner name, (iv) Crab harvesting labor costs. CR (R&M) expenses for vessel, gear and title, and business telephone number, fishery code, number of crew earning equipment; other vessel overhead facsimile number, and e-mail address (if shares, total crew share payment, and expenses; and other vessel-specific costs available). captain’s share payment. (specify). (D) Designated representative. Any (v) BSAI crab crew residence (viii) Labor payment details. (A) owner or leaseholder may appoint a information. For each employee in the Indicate whether the following expenses designated representative who is an calendar year being reported, record were deducted (by circling 1) or not individual for responding to questions location of residence and number of deducted (by circling 2) from the total on the EDR and must ensure that the employees that reside in each location revenue before calculating the crew designated representative complies with as follows: share: Fuel and lubrication, food and

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63270 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

provisions, bait, fish tax, observer costs, in all fisheries for each of the following fishery must submit to the DCA, at the CDQ fish, freight, gear loss, and other categories: days at sea, revenue, pounds address provided on the form, an EDR (specify). retained, and labor costs. for annual data for the previous year. (b) Catcher vessel annual EDR—(1) (B) Indicate percentage of the net (2) Instructions. Instructions for share that was applied to boat share and Requirement. On or before May 1 of submitting a catcher vessel annual EDR crew share (including captain). each year, beginning with Year 2005, (ix) Prorating information. Enter the any owner or leaseholder of a catcher and certification page are specified in totals for the vessel for the calendar year vessel that landed crab from a CR the following table:

If you are ... And ... You must complete and submit ...

(i) The catcher vessel owner (A) You harvested BSAI crab in the vessel described Entire EDR at paragraph (b)(3)(ii)(B) of this section during this cal- endar year.

(B) No one harvested BSAI crab in the vessel de- EDR certification pages scribed at paragraph (b)(3)(ii)(B) of this section during this year.

(C) You leased the vessel to another party, and har- (1) EDR certification pages vested no BSAI crab in the vessel described at para- graph (b)(3)(ii)(B) of this section during this calendar (2) Provide the name, address, and telephone number year. of the person to whom you leased the vessel during this calendar year.

(D) You leased the vessel for a portion of the year to (1) Entire EDR another party, but harvested some BSAI crab in the vessel described at paragraph (b)(3)(ii)(B) of this sec- (2) Provide the name, address, and telephone number tion during this calendar year. of the person to whom you leased the vessel during this calendar year.

(ii) The leaseholder You harvested BSAI crab in the vessel described at Entire EDR paragraph (b)(3)(ii)(B) of this section vessel during this calendar year.

(3) EDR certification pages. (i) The (D) Designated representative. Any (iii) CDQ and IFQ crab leases. Season owner or leaseholder must submit the owner or leaseholder may appoint a interval number, species code, pounds EDR certification pages either: designated representative who is an leased, and total cost of leasing the (A) As part of the entire EDR. The individual for responding to questions quota; owner or leaseholder must submit the on the EDR and must ensure that the (iv) Crab harvesting labor costs—(A) completed EDR certification pages as designated representative complies with Standard crew payment (shares) for part of the entire EDR and must attest the regulations in this part. The non-IFQ crew and/or captains. Season to the accuracy and completion of the designated representative is the primary interval number, number of crew EDR by signing and dating the contact person for the DCA on issues earning shares, crew share payment, and certification pages; or relating to data required in the EDR. captain’s share payment; (B) As a separate document. The (E) Person completing this report. (1) (B) Payments to IFQ-holding crew owner or leaseholder must submit the Indicate whether the person completing and/or captains. Season interval completed EDR certification pages only, this report is the owner or leaseholder; number, number of crew contributing and must attest that they meet the (2) If the owner is the person IFQ shares, pounds of IFQ contributed conditions exempting them from completing this report, check the correct by crew, total payment to crew for IFQ submitting the EDR, by signing and box. The information provided above and shares (for all fish caught, and dating the certification pages. does not need to be repeated here; and residual profit on their IFQ), pounds of (ii) The owner or leaseholder must (3) Name of person, title, and business IFQ contributed by captain, and submit the following information on the telephone number, facsimile number, payment to captain for IFQ and shares certification pages: and e-mail address (if available). (for all fish caught, and residual profit (A) Calendar year of EDR. Calendar (4) EDR. The owner or leaseholder on their IFQ); year of reporting year; must record the following information (v) BSAI crab crew identification—(A) (B) Catcher vessel information. on an EDR. Employees with crew license. Alaska Catcher vessel name, company name, (i) Season interval chart. Complete a Commercial Crew license number or the USCG documentation number, ADF&G season interval chart by entering the State of Alaska Commercial Fisheries vessel registration number, Federal Crab following information: calendar year, Entry Commission (CFEC) gear operator Vessel Permit number, crab LLP license season interval number, CR fishery permit number, and location of crew number(s), estimated market value of code(s) (see Table 1 to this part), ADF&G residence (city and state); vessel and equipment, and replacement fish ticket number, number of days at (B) Employees without crew license. value of vessel and equipment; sea, average crew size, and number of Location of residence and the number of (C) Owner information. Owner name, pots lost (if applicable). employees that reside in each location title, and business telephone number, (ii) Crab sales gross revenue. Season as follows: facsimile number, and e-mail address (if interval number, species code, pounds (1) If Alaska, enter primary city of available); sold, and gross revenue; residence;

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63271

(2) If state other than Alaska, enter and equipment (city and state where harvested or processed BSAI crab in the primary state of residence; or purchased); R&M for vessel gear, and calendar years 1998, 2001, or 2004 must (3) If country other than United equipment (city and state where repairs submit to the DCA, at the address States, enter primary country of were made); other vessel overhead provided on the form, an EDR for residence. expenses; and other vessel-specific costs historical data for each of the specified (vi) BSAI crab-specific vessel costs. (specify). calendar years, if they: Insurance premiums (hull, property and (viii) Labor payment details. (A) (i) Qualified for or hold QS, PQS, IFQ, indemnity, and pollution), insurance Indicate whether the following expenses or IPQ under this program; deductible fees, pots purchased, line were deducted from the total revenue and other gear purchases, pounds and (ii) Did not qualify for and receive QS, before calculating the crew share: Fuel PQS, IFQ, or IPQ, but are participants at cost of bait by species, gallons and cost and lubrication, food and provisions, of fuel, lubrication and hydraulic fluids, any time since January 23, 2004, in the bait, fish tax, observer costs, CDQ fish, BSAI crab fisheries. food and provisions for crew, other crew IFQ leases, freight, gear loss, and other costs, freight costs of supplies shipped (specify); (2) Time limit. Any owner or to you for the vessel, freight costs for (B) Indicate percentage of the net leaseholder of the catcher/processor landed crab, storage, observer costs, fish share that is applied to boat share and described in paragraph (c)(4)(ii)(B) of taxes, other crab-specific costs (specify), crew share (including captain). this section must submit the historical and fishing cooperative costs. (ix) Prorating information. Enter the EDR to the DCA by [DATE 60 DAYS (vii) Vessel-specific costs. Record the totals for the vessel, for the calendar AFTER THE DATE OF total for each category. If the reported year in all fisheries for each of the EFFECTIVENESS OF THE FINAL total expense should not be attributed following categories: days at sea, RULE] at the address provided on the solely to BSAI crab operations, please revenue, pounds retained, and labor form. place an ‘‘X’’ in the PRORATE OVER costs. (3) Instructions. Instructions for ALL ACTIVITIES column. The analyst (c) Catcher/processor historical EDR— submitting a catcher/processor will prorate this amount over all vessel (1) Requirement. Any owner or historical EDR and certification page are activities: improvements in vessel, gear, leaseholder of a catcher/processor that specified in the following table:

If you were ... And ... You must complete and submit ...

(i) The catcher/processor (A) You processed BSAI crab in the vessel described Entire EDR for each year that BSAI crab was proc- owner described in para- at paragraph (c)(4)(ii)(B) of this section during 1998, essed. graph (c)(1) of this section 2001, or 2004.

(B) No one processed BSAI crab in the vessel de- EDR certification pages for each year that no one scribed at paragraph (c)(4)(ii)(B) of this section during processed BSAI crab. 1998, 2001, or 2004.

(C) You leased your catcher/processor to another (1) EDR certification pages. party, and processed no BSAI crab in the vessel de- scribed at paragraph (c)(4)(ii)(B) of this section during (2) Provide the name, address, and telephone number 1998, 2001, or 2004. of the person to whom you leased the catcher/proc- essor during 1998, 2001, or 2004.

(D) You leased your catcher/processor for a portion of (1) Entire EDR for each year that BSAI crab was proc- the year to another party, but processed some BSAI essed. crab in the vessel described at paragraph (c)(4)(ii)(B) of this section during1998, 2001, or 2004. (2) Provide the name, address, and telephone number of the person to whom you leased the catcher/proc- essor during 1998, 2001, or 2004.

(ii) The leaseholder de- You processed BSAI crab in the vessel described at Entire EDR for each year that BSAI crab was proc- scribed in paragraph (c)(1) paragraph (c)(4)(ii)(B) of this section during 1998, essed. of this section 2001, or 2004.

(4) EDR certification pages. (i) The exempting him or her from submitting vessel and equipment, and replacement owner or leaseholder must submit the the EDR, by signing and dating the value of vessel and equipment. EDR certification page either: certification pages, for each year of (C) Owner information. Owner name, (A) As part of the entire EDR. The 1998, 2001, or 2004 that this applies. title, and business telephone number, owner or leaseholder must submit the (ii) The owner or leaseholder must facsimile number, and e-mail address (if completed EDR certification pages as submit the following information on the available). part of the entire EDR and must attest certification pages; (D) Designated representative. Any to the accuracy and completion of the (A) Calendar year of EDR. Calendar owner or leaseholder may appoint a EDR by signing and dating the year corresponding to 1998, 2001, or designated representative who is an certification pages; or 2004; individual for responding to questions (B) As a separate document. If the (B) Catcher/processor information. on the EDR and must ensure that the owner or leaseholder did not process Catcher/processor name, company designated representative complies with BSAI crab in 1998, 2001, or 2004, he or name, USCG documentation number, the regulations in this part. The she must submit the completed EDR ADF&G processor code, Crab Processor designated representative is the primary certification pages only, and must attest Permit number, crab LLP license contact person for the DCA on issues that he or she meets the conditions number(s), estimated market value of relating to data required in the EDR.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63272 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(E) Person completing this report. (1) raw pounds purchased from custom and equipment; R&M for vessel gear, Indicate whether the person completing processors, product code, process code, and equipment; number of employees this report is the owner or leaseholder; crab size, crab grade, box size, finished and salaries for foremen, managers, and (2) If the owner is the person pounds, and processing fee. other employees not included in direct completing this report, check the correct (vii) Raw crab purchases from labor costs; other vessel overhead box. The information provided above delivering vessels. CR fishery code, crab expenses; and other vessel-specific costs does not need to be repeated here; and size, crab grade, raw pounds purchased, (specify). (3) Name of person, title, and business and gross payment. (xii) BSAI crab custom processing telephone number, facsimile number, (viii) CDQ Crab Costs (leases). CR performed for others. CR Fishery code, and e-mail address (if available). fishery code, pounds leased, and total product code, process code, whether (5) EDR. The owner or leaseholder cost. OUR CRAB or THEIR CRAB, and must record the following information (ix) Annual BSAI crab sales. Record processing revenue. on an EDR. the following information on crab sales (i) BSAI crab activity chart. Complete (xiii) Prorating information. Enter the to affiliated entities and to unaffiliated totals for the year for the vessel in all a crab activity chart by entering the entities: species code, product code, following information: CR fishery code fisheries for each of the following process code, crab size, crab grade, box categories: processing days, days at sea, (see Table 1 to this part); dates covered size, finished pounds, and gross (beginning and ending day, month and revenue, pounds processed, pounds revenue. retained, and labor costs. year); number of days at sea; number of (x) BSAI crab-specific vessel costs. crab processing days, and number of (xiv) Labor payment details. (A) Insurance premiums (hull, property and Indicate whether the following expenses pots lost (if applicable). indemnify, and pollution); insurance (ii) BSAI crab production. CR fishery were deducted (by circling 1) or not deductible fees; total of fisheries taxes code, raw crab pounds, product code, deducted (by circling 2) from the total which includes the Alaska fisheries process code, crab size, crab grade, box revenue before calculating the crew business tax, Alaska fisheries resource size, finished pounds, and whether share: Fuel and lubrication, food and landing tax, SMAA taxes, and other custom processed (yes or no). provisions, bait, fish tax, observer costs, (iii) Crab harvesting labor costs. CR local sales tax on raw fish; pots CDQ fish, freight, gear loss, and other fishery code, number of crew earning purchased (quantity and cost); line and (specify). other crab fishing gear purchases; bait shares, total crew share payment, and (B) Indicate percentage of the net captain’s share payment. (by each CR fishery code, species, pounds and cost); fuel (by CR fishery share that was applied to boat share and (iv) Crab processing labor costs. CR harvesting crew share (including fishery code, number of crew with pay code, gallons and cost); lubrication and hydraulic fluids; food and provisions for captain). determined by processing work, average (C) If processing workers were paid on number of crab processing positions, crew; other crew costs; processing and packaging materials, equipment and a share system, indicate percentage of and total processing labor payment. the net share (if applicable) that was (v) BSAI crab crew residence supplies; re-packing costs, broker fees and promotions for BSAI crab sales (by applied to processing workers based on identification. For each employee in the product value or net share. calendar year being reported, record CR fishery code); observer costs (by CR location of residence and number of fishery code); freight costs for supplies (d) Catcher/processor annual EDR— employees that reside in each location to the vessel; freight and handling costs (1) Requirement. On or before May 1 of as follows: for processed crab products from the each year, beginning with Year 2005, (A) If Alaska, enter primary city of vessel; product storage; waste disposal; any owner or leaseholder of a catcher/ residence; and other crab-specific costs (specify). processor that landed or processed crab (B) If state other than Alaska, enter (xi) Vessel-specific costs. Record the from a CR fishery must submit to the primary state of residence; total for each category. If the reported DCA, at the address provided on the (C) If country other than United total expense should not be attributed form, an EDR for annual data for the States, enter primary country of solely to BSAI crab operations, please previous year. residence; place an ‘‘X’’ in the PRORATE OVER (2) Instructions. Instructions for (vi) BSAI crab custom processing ALL ACTIVITIES column. The analyst submitting a catcher/processor annual done for you. CR fishery code, raw will prorate this amount over all vessel EDR and certification page are specified pounds supplied to custom processors, activities: improvements in vessel, gear, in the following table:

If you are ... And ... You must complete and submit ...

(i) The catcher/processor (A) You processed BSAI crab in the vessel described Entire EDR owner at paragraph (d)(3)(ii)(B) of this section during this cal- endar year.

(B) No one processed BSAI crab in the vessel de- EDR certification pages scribed at paragraph (d)(3)(ii)(B) of this section during this calendar year.

(C) You leased all of your IPQ to another party, and (1) EDR certification pages processed no BSAI crab in the vessel described at paragraph (d)(3)(ii)(B) of this section during this cal- (2) Provide the name, address, and telephone number endar year. of the person to whom you leased the IPQ during this calendar year.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63273

If you are ... And ... You must complete and submit ...

(D) You leased portions of your IPQ to another party, (1) Entire EDR but processed some BSAI crab in the vessel de- scribed at paragraph (d)(3)(ii)(B) of this section during (2) Provide the name, address, and telephone number this calendar year. of the person to whom you leased the IPQ during this calendar year.

(ii) The leaseholder de- You processed BSAI crab in the vessel described at Entire EDR scribed in paragraph (d)(1) paragraph (d)(3)(ii)(B) of this section during this cal- of this section endar year.

(3) EDR certification pages. (i) The (i) Season interval chart. Complete a species code, raw pounds supplied to owner or leaseholder must submit the season interval chart by entering the custom processors, raw pounds EDR certification pages either: following information: Calendar year, purchased from custom processors, (A) As part of the entire EDR. The season interval number, CR fishery code product code, process code, crab size, owner or leaseholder must submit the (see Table 1 to this part), dates covered, crab grade, box size, finished pounds, completed EDR certification pages as number of days at sea, number of crab and processing fee. part of the entire EDR and must attest processing days, and number of pots (vii) Raw crab purchases from to the accuracy and completion of the lost (if applicable). delivering vessels. Season interval EDR by signing and dating the (ii) BSAI crab production. Season number, species code, crab size, crab certification pages; or interval number, species code, raw grade, raw pounds purchased, and gross (B) As a separate document. The pounds, product code, process code, payment. owner or leaseholder must submit the crab size, crab grade, box size, finished (viii) CDQ and IFQ crab costs (leases). completed EDR certification pages only, pounds, and whether custom processed For CDQ and IFQ leases enter season and must attest that they meet the (Yes or No). interval number, species code, pounds conditions exempting them from (iii) Harvesting labor costs. Record the leased, and total cost. submitting the EDR, by signing and following information for crew if they (ix) Annual BSAI crab sales. For dating the certification pages. harvest crab only, or harvest and affiliated entities and unaffiliated (ii) The owner or leaseholder must process crab. entities enter species code, product submit the following information on the (A) Standard crew payment (shares) code, process code, crab size, crab certification pages: for non-IFQ contributing crew and/or grade, box size, finished pounds, and (A) Calendar year of EDR. Calendar captains. Season interval number, gross revenue. year for the reporting year; number of crew earning shares, crew (x) BSAI crab-specific vessel costs. (B) Catcher/processor information. share payment, and captain’s share Insurance premiums (hull, property and Catcher/processor name, company payment. indemnity, and pollution); insurance name, USCG documentation number, (B) Payments to IFQ-holding crew deductible fees; total of fisheries taxes ADF&G processor code, Crab Processor and/or captains. Season interval which include the Alaska fisheries Permit number, crab LLP license number, number of crew contributing business tax, Alaska fisheries resource number(s), estimated market value of IFQ shares, pounds of IFQ contributed landing tax, SMAA taxes, and other vessel and equipment, and replacement by crew, total payment to crew for IFQ local sales tax on raw fish; pots value of vessel and equipment. and shares, pounds of IFQ contributed (C) Owner information. Owner name, purchased by city and state (quantity by captain, and payment to captain for and cost); line and other crab fishing title, business telephone number, IFQ and shares. gear purchases by city, state, and cost; facsimile number, and e-mail address (if (iv) Crab processing labor costs. bait (by each season interval number by available). Season interval number, number of crew city and state, species, pounds, and (D) Designated representative. Any with pay determined by processing cost); fuel in gallons and cost by season owner or leaseholder may appoint a work, average number of crab interval number, city and state; designated representative who is an processing positions, and total lubrication and hydraulic fluids by city individual for responding to questions processing labor payment. on the EDR and must ensure that the (v) BSAI crab crew identification—(A) and state; food and provisions for crew; designated representative complies with Employees with crew license. Alaska other crew costs; processing and the regulations in this part. The Commercial Crew license number or the packaging materials, equipment and designated representative is the primary CFEC gear operator permit number, and supplies by city and state; re-packing contact person for the DCA on issues location of crew residence (city and costs; broker fees and promotions for relating to data required in the EDR. state). BSAI crab sales (by season interval (E) Person completing this report. (1) (B) Employees without crew license. number); observer costs (by season Indicate whether the person completing Location of residence and the number of interval number); freight costs for this report is the owner or leaseholder; employees that reside in each location products to the vessel; freight and (2) If the owner is the person as follows: handling costs for processed crab completing this report, check the correct (1) If Alaska, enter primary city of products from the vessel; product box. The information provided above residence. storage; waste disposal; other crab- does not need to be repeated here; and (2) If state other than Alaska, enter specific costs (specify), and fishing (3) Name of person, title, and business primary state of residence, or cooperative costs. telephone number, facsimile number, (3) If country other than United (xi) Vessel-specific costs. Record the and e-mail address (if available). States, enter primary country of total for each category. If the reported (4) EDR. The owner or leaseholder residence. total expense should not be attributed must record the following information (vi) BSAI crab custom processing solely to BSAI crab operations, please on an EDR. done for you. Season interval number, place an ‘‘X’’ in the PRORATE OVER

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63274 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

ALL ACTIVITIES column. The analyst were deducted (by circling 1) or not for historical data for each of the will prorate this amount over all vessel deducted (by circling 2) from the total specified calendar years, if they: activities: improvements for vessel, gear, revenue before calculating the crew (i) Qualified for or hold QS, PQS, IFQ, and equipment (by city and state); R&M share: Fuel and lubrication, food and or IPQ under this program; for vessel, gear, and equipment (by city provisions, bait, fish tax, observer costs, and state); number of employees and CDQ fish, IFQ leases, freight, gear loss, (ii) Did not qualify for and receive QS, salaries for foremen, managers and other and other (specify). PQS, IFQ, or IPQ, but are participants at employees not included in direct labor (B) Indicate percentage of the net any time since January 23, 2004, in the costs; other vessel overhead expenses; share that is applied to boat share and BSAI crab fisheries. and other vessel-specific costs (specify). harvesting crew share (including (2) Time limit. Any owner or (xii) BSAI crab custom processing captain). leaseholder of the SFCP described in (C) If processing workers are paid on performed for others. Season interval paragraph (e)(4)(ii)(B) of this section number, species code, product code, a share system, indicate percentage of must submit the historical EDR to the process code, whether OUR CRAB or the net share (if applicable) that is DCA by [DATE 60 DAYS AFTER THE THEIR CRAB, and processing revenue. applied to processing workers based on (xiii) Prorating information. Enter the product value or net share. DATE OF EFFECTIVENESS OF THE totals for the year for the vessel in all (e) Stationary floating crab processor FINAL RULE] at the address provided fisheries for each of the following (SFCP) historical EDR—(1) on the form. categories: processing days, days at sea, Requirement. Any owner or leaseholder (3) Instructions. Instructions for revenue, pounds processed, pounds of an SFCP that processed CR fisheries submitting an SFCP historical EDR and retained, and labor costs. crab in the calendar years 1998, 2001, or certification page are specified in the (xiv) Labor payment details. (A) 2004 must submit to the DCA, at the following table: Indicate whether the following expenses address provided on the form, an EDR

If you were ... And ... You must complete and submit ...

(i) The SFCP owner de- (A) You processed BSAI crab in the SFCP described Entire EDR for each year that BSAI crab was proc- scribed in paragraph (e)(1) at paragraph (e)(4)(ii)(B) of this section during 1998, essed. of this section 2001, or 2004.

(B) No one processed BSAI crab in the SFCP de- EDR certification pages for each year that no one scribed at paragraph (e)(4)(ii)(B) of this section during processed BSAI crab. 1998, 2001, or 2004.

(C) You leased your SFCP to another party, and proc- (1) EDR certification pages essed no BSAI crab in the SFCP described at para- graph (e)(4)(ii)(B) of this section during 1998, 2001, or (2) Provide the name, address, and telephone number 2004. of the person to whom you leased the SFCP during 1998, 2001, or 2004.

(D) You leased your SFCP a portion of the time to an- (1) Entire EDR for each year that BSAI crab was proc- other party, but processed some BSAI crab in the essed. SFCP described at paragraph (e)(4)(ii)(B) of this sec- tion during 1998, 2001, or 2004. (2) Provide the name, address, and telephone number of the person to whom you leased the SFCP during 1998, 2001, or 2004.

(ii) The leaseholder de- You operated the SFCP described at paragraph Entire EDR for each year that BSAI crab was proc- scribed in paragraph (e)(1) (e)(4)(ii)(B) of this section and processed some BSAI essed. of this section crab during 1998, 2001, or 2004.

(4) EDR certification pages. (i) The certification pages, for each year of facsimile number, and e-mail address (if owner or leaseholder must submit the 1998, 2001, or 2004 that this applies. available). EDR certification pages either: (ii) The owner or leaseholder must (D) Designated representative. Any (A) As part of the entire EDR. The submit the following information on the owner or leaseholder may appoint a owner or leaseholder must submit the certification pages: designated representative, who is an completed EDR certification pages as (A) Calendar year of EDR. Calendar individual for responding to questions part of the entire EDR and must attest years corresponding to 1998, 2001, or on the EDR, and must ensure that the to the accuracy and completion of the 2004; designated representative complies with EDR by signing and dating the (B) SFCP information. SFCP name, the regulations in this part. The certification pages; or company name, USCG documentation designated representative is the primary contact person for the DCA on issues (B) As a separate document. If the number, ADF&G processor code, Crab relating to data required in the EDR. owner or leaseholder did not process Processor Permit number, crab LLP BSAI crab in 1998, 2001, or 2004, he or license number(s), estimated market (E) Person completing this report. (1) she must submit the completed EDR value of vessel and equipment, and Indicate whether the person completing certification pages only, and must attest replacement value of vessel and this report is the owner, leaseholder, or that he or she meets the conditions equipment. designated representative; exempting him or her from submitting (C) Owner information. Owner name, (2) If the owner is the person the EDR, by signing and dating the title, and business telephone number, completing this report, check the correct

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63275

box. The information provided above crab size, crab grade, box size, finished will prorate this amount over all vessel does not need to be repeated here; and pounds, and processing fee. activities: fuel, electricity, lubrication (3) Name of person, title, business (v) Raw crab purchases from and hydraulic fluids; improvements for telephone number, facsimile number, delivering vessels. CR fishery code, crab vessel and equipment; R&M for vessel and e-mail address (if available). size, crab grade, raw pounds purchased, and equipment; number of employees (5) EDR. The owner or leaseholder and gross payment. and salaries for foremen, managers and must record the following information (vi) Annual BSAI crab sales. Record other employees not included in direct on an EDR. the following information on crab sales labor costs; other vessel overhead (i) BSAI crab production. CR fishery to affiliated entities and to unaffiliated expenses; and other vessel-specific costs code (see Table 1 to this part); number entities: species code, product code, (specify). of crab processing days, dates covered process code, crab size, crab grade, box (ix) BSAI crab custom processing (beginning and ending day, month, and size, finished pounds, and gross year); raw pounds purchased, product performed for others. CR fishery code, revenue. product code, process code, whether code, process code, crab size, crab (vii) BSAI crab-specific vessel data. grade, box size, finished pounds, and OUR CRAB or THEIR CRAB, and Total of fisheries taxes which include processing revenue. whether custom processed (Yes or No). the Alaska fisheries business tax, SMAA (ii) Crab processing labor costs. CR (x) Prorating information. Enter the taxes, and other local sales tax on raw fishery code, average number of crab totals for the calendar year for the vessel fish; processing and packaging positions, total man-hours, and total in all fisheries for each of the following materials, equipment, and supplies; labor payment. categories: processing days, revenue, food and provisions; other costs for (iii) BSAI Crab crew residence pounds processed, and processing labor direct crab labor; insurance deductible identification. Location of residence and costs. the number of employees that reside in fees; re-packing costs; broker fees and promotions for BSAI crab sales (by CR (f) Stationary floating crab processor each location as follows: (SFCP) annual EDR—(1) Requirement. (A) If Alaska, enter primary city of fishery code); observer costs (by CR fishery code); freight costs for supplies On or before May 1 of each year, residence. beginning with Year 2005, any owner or (B) If state other than Alaska, enter to the vessel; freight and handling costs leaseholder of an SFCP that processed primary state of residence. for processed crab products from the (C) If country other than United vessel; product storage; waste disposal; crab from a CR fishery must submit to States, enter primary country of and other crab-specific costs (specify). the DCA, at the address provided on the residence. (viii) Vessel-specific costs. Record the form, an EDR for annual data for the (iv) BSAI crab custom processing total for each category. If the reported previous year. done for you. CR fishery code, raw total expense should not be attributed (2) Instructions. Instructions for pounds supplied to custom processors, solely to BSAI crab operations, please submitting an SFCP annual EDR and raw pounds purchased from custom place an ‘‘X’’ in the PRORATE OVER certification page are specified in the processors, product code, process code, ALL ACTIVITIES column. The analyst following table:

If you are ... And ... You must complete and submit ...

(i) The SFCP owner (A) You processed BSAI crab in the SFCP described Entire EDR at paragraph (f)(3)(ii)(B) of this section during this cal- endar year.

(B) No one processed BSAI crab in the SFCP de- EDR certification pages scribed at paragraph (f)(3)(ii)(B) of this section during this calendar year.

(C) You leased all of your IPQ to another party and (1) EDR certification pages processed no BSAI crab in the SFCP described at paragraph (f)(3)(ii)(B) of this section during this cal- (2) Provide the name, address, and telephone number endar year. of the person to whom you leased the IPQ during this calendar year.

(D) You leased a portion of your IPQ to another party, (1) Entire EDR but processed some BSAI crab in the SFCP described at paragraph (f)(3)(ii)(B) of this section during this cal- (2) Provide the name, address, and telephone number endar year. of the person to whom you leased the IPQ during this calendar year.

(ii) The leaseholder de- You operated the SFCP described at paragraph Entire EDR scribed in paragraph (f)(1) of (f)(3)(ii)(B) of this section and processed some BSAI this section crab during this calendar year.

(3) EDR certification pages. (i) The to the accuracy and completion of the conditions exempting them from owner or leaseholder must submit the EDR by signing and dating the submitting the EDR, by signing and EDR certification pages either: certification pages; or dating the certification pages (see (A) As part of the entire EDR. The (B) As a separate document. The paragraph (e)(2) of this section). owner or leaseholder must submit the owner or leaseholder must submit the (ii) The owner or leaseholder must completed EDR certification pages as completed EDR certification pages only, submit the following information on the part of the entire EDR and must attest and must attest that they meet the certification pages:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63276 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(A) Calendar year of EDR. Calendar (iii) BSAI Crab crew residence ALL ACTIVITIES column. The analyst year of the reporting year; identification. Location of residence and will prorate this amount over all vessel (B) SFCP information. SFCP name, the number of employees that reside in activities: fuel, electricity, lubrication company name, USCG documentation each location as follows: and hydraulic fluids; improvements in number, ADF&G processor code, Crab (A) If Alaska, enter primary city of vessel, gear and equipment (by city and Processor Permit number, crab LLP residence. state); R&M for vessel, gear and license number(s), estimated market (B) If state other than Alaska, enter equipment (by city and state); number of value of vessel and equipment, and primary state of residence. employees and salaries for foremen, replacement value of vessel and (C) If country other than United managers and other employees not equipment. States, enter primary country of included in direct labor costs; other (C) Owner information. Owner name, residence. vessel overhead expenses; and other title, and business telephone number, (iv) BSAI crab custom processing vessel-specific costs (specify). done for you. Season interval number, facsimile number, and e-mail address (if (ix) BSAI crab custom processing species code, raw pounds supplied to available). performed for others. Season interval custom processors, raw pounds (D) Designated representative. Any number, species code, product code, purchased from custom processors, owner or leaseholder may appoint a process code, whether OUR CRAB or product code, process code, crab size, designated representative who is an THEIR CRAB, and processing revenue. individual for responding to questions crab grade, box size, finished pounds, on the EDR and must ensure that the and processing fee. (x) Prorating information. Enter the designated representative complies with (v) Raw crab purchases from totals for the year for the vessel in all the regulations in this part. The delivering vessels. Season interval fisheries for each of the following designated representative is the primary number, species code, crab size, crab categories: processing days, revenue, contact person for the DCA on issues grade, raw pounds purchased, and gross pounds processed, and processing labor relating to data required in the EDR. payment. costs. (E) Person completing the report. (1) (vi) Annual BSAI crab sales. For (g) Shoreside processor historical Indicate whether the person completing affiliated entities and unaffiliated EDR—(1) Requirement. Any owner or this report is the owner, leaseholder, or entities enter species code, product leaseholder of a shoreside processor designated representative; code, process code, crab size, crab who processed CR fisheries crab in the (2) If the owner is the person grade, box size, finished pounds, and calendar years 1998, 2001, or 2004 must completing this report, check the correct gross revenue. submit to the DCA, at the address box. The information provided above (vii) BSAI crab-specific vessel costs. provided on the form, an EDR for does not need to be repeated here; and Total of fisheries taxes which includes historical data for each of the specified (3) Name of person, title, and business the Alaska fisheries business tax, SMAA calendar years, if they: telephone number, facsimile number, taxes, and other local sales tax on raw (i) Qualified for or hold QS, PQS, IFQ, and e-mail address (if available). fish; processing and packaging or IPQ under this Program; (4) EDR. The owner or leaseholder materials, equipment and supplies by (ii) Did not qualify for and receive must record the following information city and state; food and provisions; QS,PQS, IFQ, or IPQ, but are on an EDR. other costs for direct crab labor; participants at any time since January (i) Season interval chart. Complete a insurance deductible fees; re-packing 23, 2004, in the BSAI crab fisheries. season interval chart by entering the costs; broker fees and promotions for following information: season interval BSAI crab sales (by season interval (2) Time limit. Any owner or number, number of crab processing number); observer costs (by season leaseholder of the shoreside processor days, dates covered (beginning and interval number); freight costs for described in paragraph (g)(4)(ii)(B) of ending day, month, and year), species supplies to the vessel; freight and this section must submit the historical code, raw pounds, product code, handling costs for processed crab EDR to the DCA by [DATE 60 DAYS process code, crab size, crab grade, box products from the vessel; product AFTER THE DATE OF size, finished pounds, and whether storage; waste disposal; and other crab- EFFECTIVENESS OF THE FINAL custom processed (Yes or No). specific costs (specify). RULE] at the address provided on the (ii) Crab processing labor costs. (viii) Vessel-specific costs. Record the form. Season interval number, average total for each category. If the reported (3) Instructions. Instructions for number of crab processing positions, total expense should not be attributed submitting a shoreside processor total man-hours, and total processing solely to BSAI crab operations, please historical EDR and certification page are labor payment. place an ‘‘X’’ in the PRORATE OVER specified in the following table:

If you were ... And ... You must complete and submit ...

(i) The shoreside processor (A) You processed BSAI crab in the plant described at Entire EDR for each year that BSAI crab was proc- owner described in para- paragraph (g)(4)(ii)(B) of this section during 1998, essed graph (g)(1) of this section 2001, or 2004.

(B) No one processed BSAI crab in the plant de- EDR certification pages for each year that no one scribed at paragraph (g)(4)(ii)(B) of this section during processed BSAI crab. 1998, 2001, or 2004.

(C) You leased your shoreside processor to another (1) EDR certification pages party, and processed no BSAI crab in the plant de- scribed at paragraph (g)(4)(ii)(B) of this section during (2) Provide the name, address, and telephone number 1998, 2001, or 2004. of the person to whom you leased the shoreside proc- essor during 1998, 2001, or 2004.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63277

If you were ... And ... You must complete and submit ...

(D) You leased your shoreside processor for a portion (1) Entire EDR for each year that BSAI crab was proc- of the time to another party, but processed some BSAI essed. crab in the plant described at paragraph (g)(4)(ii)(B) of this section during 1998, 2001, or 2004. (2) Provide the name, address, and telephone number of the person to whom you leased the shoreside proc- essor during 1998, 2001, or 2004.

(ii) The leaseholder de- You operated the plant described at paragraph Entire EDR for each year that BSAI crab was proc- scribed in paragraph (g)(1) (g)(4)(ii)(B) of this section and processed some BSAI essed of this section crab during 1998, 2001, or 2004.

(4) EDR certification pages. (i) The (2) If the owner is the person fish; processing and packaging owner or leaseholder must submit the completing the report, check the correct materials, equipment and supplies; food EDR certification pages either: box. The information provided above and provisions; other costs for direct (A) As part of the entire EDR. The does not need to be repeated here. crab labor; insurance deductible fees; owner or leaseholder must submit the (3) Name of person, title, and business re-packing costs, broker fees and completed EDR certification pages as telephone number, facsimile number, promotions for BSAI crab sales by CR part of the entire EDR and must attest and e-mail address (if available). fishery code; observer costs by CR to the accuracy and completion of the (5) EDR. The owner or leaseholder fishery code; freight costs for supplies to EDR by signing and dating the must record the following information the plant; freight and handling costs for certification pages; or on an EDR. processed crab products from the plant; (B) As a separate document. If the (i) BSAI crab production. CR fishery product storage; water, sewer, and waste owner or leaseholder did not process code (see Table 1 to this part); number disposal; and other crab specific costs BSAI crab in 1998, 2001, or 2004, he or of crab processing days, dates covered (specify). she must submit the completed EDR (beginning and ending day, month, and (viii) Plant-specific costs. Record the certification pages only, and must attest year); raw pounds purchased, product total for each category. If the reported that he or she meets the conditions code, process code, crab size, crab total expense should not be attributed exempting him or her from submitting grade, box size, finished pounds, and solely to BSAI crab operations, please the EDR, by signing and dating the whether custom processed (Yes or No). place an ‘‘X’’ in the PRORATE OVER certification pages for each year of 1998, (ii) Crab processing labor costs. CR ALL ACTIVITIES column. The analyst 2001, or 2004 that this applies; fishery code, average number of crab will prorate this amount over all vessel (ii) Required information. The owner processing positions, total man-hours, activities.: fuel, electricity, lubrication, or leaseholder must submit the and total processing labor payment. and hydraulic fluids; improvements in following information on the (iii) BSAI Crab crew residence plant, and equipment; R&M for existing certification pages: identification. Location of residence and (A) Calendar year of EDR. Calendar the number of employees that reside in plant and equipment; number of years corresponding to 1998, 2001, or each location as follows: employees and salaries for foremen, 2004; (A) If Alaska, enter primary city of managers and other employees not (B) Shoreside processor information. residence. included in direct labor costs; other Shoreside processor name, company (B) If state other than Alaska, enter plant overhead expenses; and other name, crab processor permit number, primary state of residence. plant-specific costs (specify). ADF&G processor code, physical (C) If country other than United (ix) BSAI crab custom processing location of land-based plant (street States, enter primary country of done for others. CR fishery code, address, city, state, zip code), borough residence. product code, process code, whether assessed value of plant and equipment, (iv) BSAI crab custom processing OUR CRAB or THEIR CRAB, and year assessed, and estimated value of done for you. CR fishery code, raw processing revenue. plant and equipment; pounds supplied to custom processors, (x) Prorating information. Enter the (C) Owner information. Owner name, raw pounds purchased from custom totals for this plant, for the year in all title, and business telephone number, processors, product code, process code, fisheries for each of the following facsimile number, and e-mail address (if crab size, crab grade, box size, finished categories: processing days, revenue, available); pounds, and processing fee. pounds processed, and processing labor (D) Designated representative. Any (v) Raw crab purchases from costs. owner or leaseholder may appoint a delivering vessels. CR fishery code, crab designated representative who is an size, crab grade, raw pounds purchased, (h) Shoreside processor annual EDR— individual for responding to questions and gross payment. (1) Requirement. On or before May 1 of on the EDR and must ensure that the (vi) Annual BSAI crab sales. For each year, beginning with Year 2005, designated representative complies with affiliated entities and unaffiliated any owner or leaseholder of a shoreside the regulations in this part. The entities enter species code, product processor that processed crab from a CR designated representative is the primary code, process code, crab size, crab fishery must submit to the DCA, at the contact person for the DCA on issues grade, box size, finished pounds, and address provided on the form, an EDR relating to data required in the EDR. gross revenue. for annual data for the previous year. (E) Person completing the report. (1) (vii) BSAI crab-specific plant costs. (2) Instructions. Instructions for Indicate whether the person completing Total fisheries taxes which include the submitting a shoreside processor annual this report is the owner, leaseholder, or Alaska fisheries business tax, SMAA EDR and certification page are specified designated representative; taxes, and other local sales tax on raw in the following table:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63278 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

If you are ... And ... You must complete and submit ...

(i) The shoreside processor (A) You processed BSAI crab in the plant described at Entire EDR owner paragraph (h)(3)(ii)(B) of this section during this cal- endar year.

(B) No one processed BSAI crab in the plant de- EDR certification pages scribed at paragraph (h)(3)(ii)(B) of this section during this calendar year.

(C) You leased all of your IPQ to another party, and (1) EDR certification pages processed no BSAI crab in the plant described at paragraph (h)(3)(ii)(B) of this section during this cal- (2) Provide the name, address, and telephone number endar year. of the person to whom you leased the IPQ during this calendar year.

(D) You leased portions of your IPQ to another party, (1) Entire EDR but processed some BSAI crab in the plant described at paragraph (h)(3)(ii)(B) of this section during this cal- (2) Provide the name, address, and telephone number endar year. of the person to whom you leased the IPQ during this calendar year.

(ii) The leaseholder de- You operated the plant described at paragraph Entire EDR scribed in paragraph (h)(1) (h)(3)(ii)(B) of this section and processed some BSAI of this section crab during this calendar year.

(3) EDR certification pages. (i) The contact person for the DCA on issues species code, raw pounds supplied to owner or leaseholder must submit the relating to data required in the EDR. custom processors, raw pounds EDR certification pages either: (E) Person completing the report. (1) purchased from custom processors, (A) As part of the entire EDR. The Indicate whether the person completing product code, process code, crab size, owner or leaseholder must submit the this report is the owner, leaseholder, or crab grade, box size, finished pounds, completed EDR certification pages as designated representative; and processing fee. part of the entire EDR and must attest (2) If the owner is the person (v) Raw crab purchases from to the accuracy and completion of the completing this report, check the correct delivering vessels. Season interval EDR by signing and dating the box. The information provided above number, species code, crab size, crab certification pages; or does not need to be repeated here. grade, raw pounds purchased, and gross (B) As a separate document. The (3) Name of person, title, and business payment. owner or leaseholder must submit the telephone number, facsimile number, (vi) Annual BSAI crab sales. For completed EDR certification pages only, and e-mail address (if available). affiliated entities and unaffiliated and must attest that they meet the (4) EDR. The owner or leaseholder entities enter species code, product conditions exempting them from must record the following information code, process code, crab size, crab submitting the EDR, by signing and on an EDR. grade, box size, finished pounds, and dating the certification pages. (i) Season interval chart. Complete a gross revenue. season interval chart by entering the (vii) BSAI crab-specific plant costs. (ii) The owner or leaseholder must following information: season interval Total of fisheries taxes which include submit the following information on the number, number of crab processing the Alaska fisheries business tax, SMAA certification pages: days, dates covered (beginning and taxes, and other local sales tax on raw (A) Calendar year of EDR. Calendar ending day, month, and year), species fish; processing and packaging year for the reporting year; code, raw pounds, product code, materials, equipment and supplies by (B) Shoreside processor information. process code, crab size, crab grade, box city and state; food and provisions; Shoreside processor name, company size, finished pounds, and whether other costs for direct crab labor; name, crab processor permit number, custom processed (Yes or No). insurance deductible fees; re-packing ADF&G processor code, physical (ii) Crab processing labor costs. costs; broker fees and promotions for location of land-based plant (street Season interval number, average BSAI crab sales by season interval address, city, state, zip code), borough number of crab processing positions, number; observer costs by season assessed value of plant and equipment, total man-hours, and total processing interval number; freight costs for estimated value of plant and equipment, labor payment. supplies to the plant; freight and and year assessed. (iii) BSAI Crab crew residence handling costs for processed crab (C) Owner information. Owner name, identification. Location of residence and products from the plant; product title, and business telephone number, the number of employees that reside in storage; water, sewer, and waste facsimile number, and e-mail address (if each location as follows: disposal; and other crab specific costs available); (A) If Alaska, enter primary city of (specify). (D) Designated representative. Any residence. (viii) Plant-specific costs. Record the owner or leaseholder may appoint a (B) If state other than Alaska, enter total for each category. If the reported designated representative who is an primary state of residence. total expense should not be attributed individual for responding to questions (C) If country other than United solely to BSAI crab operations, please on the EDR and must ensure that the States, enter primary country of place an ‘‘X’’ in the PRORATE OVER designated representative complies with residence. ALL ACTIVITIES column. The analyst the regulations in this part. The (iv) BSAI crab custom processing will prorate this amount over all vessel designated representative is the primary done for you. Season interval number, activities: fuel, electricity, lubrication,

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63279

and hydraulic fluids; improvements in (5) Receive any crab harvested under crab, or used by an observer for plant, and equipment by city and state; a Class A IFQ permit in excess of the sampling crab, have passed an inseason R&M for existing plant and equipment total amount of unused IPQ held by the scale test according to § 680.23(e)(1). by city and state; number of employees RCR. (d) Recordkeeping and reporting. (1) and salaries for foremen, managers and (6) Receive crab harvested under a Fail to submit information on any other employees not included in direct Class B IFQ permit on a vessel if that report, application, or statement labor costs; other plant overhead vessel was used to harvest and process required under this part. expenses; and other plant-specific costs any crab in that crab QS fishery during (2) Submit false information on any (specify). the same crab fishing year. report, application, or statement (ix) BSAI crab custom processing (7) Receive PQS or IPQ by transfer if required under this part. performed for others. Season interval you hold Class B IFQ. (e) Permits. (1) Retain IFQ crab number, species code, product code, (b) Landing CR crab. (1) Remove without a valid crab IFQ permit for that process code, whether OUR CRAB or retained and unprocessed CR crab from fishery on board the vessel. THEIR CRAB, and processing revenue. a vessel at any location other than to an (2) Retain IFQ crab on a vessel in (x) Prorating information. Enter the RCR operating under an approved catch excess of the total amount of totals for the year for this plant in all monitoring plan as described in unharvested crab IFQ, for a crab QS fisheries for each of the following § 680.23(g). fishery that is currently held by all crab categories: processing days, revenue, (2) Remove any CR crab processed at IFQ permit holders or Crab IFQ Hired pounds processed, and processing labor sea from any vessel before completing a Masters aboard the vessel. costs. landing report, as defined at § 680.5(f), (3) Receive Class B IFQ by transfer if (i) Verification of data. (1) The DCA for all such CR crab onboard. a person holds PQS or IPQ. shall conduct verification of information (3) Resume fishing for CR crab or take (4) Receive Class B IFQ by transfer if with the owner or leaseholder. CR crab on board a vessel once a you are affiliated with a person who (2) The owner or leaseholder must landing has commenced and until all holds PQS or IPQ. respond to inquiries by the DCA within CR crab are landed. (f) Use IPQ as collateral or otherwise (4) Fail to remove all processed crab 15 days of the date of issuance of the leverage IPQ to acquire an ownership harvested under a CPO or a CPC IFQ inquiry. interest in Class B IFQ. permit to an onshore location within the (3) The owner or leaseholder must (g) Possess, buy, sell, or transport any United States, accessible by road or provide copies of additional data to crab harvested or landed in violation of regularly scheduled air service, and to facilitate verification by the DCA. The any provision of this part. weigh that crab product on a scale (h) Violate any other provision under DCA auditor may review and request approved by the State in which the crab this part. copies of additional data provided by is weighed. (i) Conduct any fishing contrary to the owner or leaseholder, including but (5) Fail to remain at a landing site notification of inseason action closure, not limited to: previously audited or when IFQ crab is being landed and until or adjustment issued under § 680.22. reviewed financial statements, such time as the landing report for that worksheets, tax returns, invoices, landing is complete. § 680.8 Facilitation of enforcement. receipts, and other original documents (6) Make an IFQ crab landing except See § 600.730 of this chapter. substantiating the data. by an individual who holds either an § 680.9 Penalties. (j) The DCA is authorized to request IFQ crab permit or a Crab IFQ Hired voluntary submission of economic data Master Permit issued under § 680.4 in (a) Any person committing, or a specified herein from persons who are his or her name. fishing vessel used in the commission not required to submit an EDR under (7) Fish for or land BSAI crab without of, a violation of the Magnuson-Stevens this paragraph (j). the original Federal Crab Vessel Permit Act, or any regulation issued under the Magnuson-Stevens Act, is subject to the § 680.7 Prohibitions. issued to a vessel on board that vessel. (8) Make an IFQ crab landing without civil and criminal penalty provisions, In addition to the general prohibitions the following on board: a copy of the permit sanctions, and civil forfeiture specified in § 600.725 of this chapter, it IFQ crab permit to be debited for the provisions of the Magnuson-Stevens is unlawful for any person to do any of landing; and, if applicable, a copy of the Act, to part 600 of this chapter, to 15 the following: Crab IFQ Hired Master Permit issued CFR part 904 (Civil Procedures), and to (a) Receiving and processing CR crab. under § 680.4 in the name of the person other applicable law. Penalties include (1) Process any CR crab that has not making the landing. but are not limited to permanent or been weighed by an RCR on a scale (9) For a Crab IFQ Hired Master to temporary sanctions to PQS, QS, IPQ, approved by the State in which the RCR make an IFQ crab landing on any vessel IFQ, or RCR permits. is located and that meets the other than the vessel named on the Crab (b) In the event a holder of any IPQ requirements described in § 680.23(f); or IFQ Hired Master Permit. is found by a court of competent onboard a catcher/processor on a scale (c) Harvest crab. (1) Harvest any BSAI jurisdiction, either in an original action approved by NMFS as described in crab with any vessel not named on a in that court or in a proceeding to § 680.23(e). valid Federal Crab Vessel Permit. enforce or review the findings or orders (2) Receive CR crab harvested under (2) Harvest IFQ crab with any vessel of any Government agency having an IFQ permit in any region other than that does not use functioning VMS jurisdiction under the antitrust laws, to the region for which the IFQ permit is equipment as required by § 680.23. have violated any of the provisions of designated. (3) Harvest on any vessel more IFQ antitrust laws in the conduct of the (3) Use IPQ on board a vessel outside crab than are authorized under § 680.42. licensed activity, the Secretary of of the territorial sea or internal waters (4) Harvest crab under a CVC or a CPC Commerce may revoke all or a portion of the State of Alaska. IFQ permit unless the person named on of such IPQ. The antitrust laws of the (4) Use IPQ in any region other than the IFQ permit is on board that vessel. United States include, but are not the region for which the IPQ is (5) Harvest crab under a CPO or CPC limited to, the following Acts: designated. permit unless all scales used to weigh (1) The Sherman Act, 15 U.S.C. 1-7;

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63280 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(2) The Wilson Tariff Act, 15 U.S.C. and IPQ holders under other negotiation IFQ affiliated with a PQS or IPQ holder. 8-11; approaches. CVO QS holders and Class A IFQ (3) The Clayton Act, 15 U.S.C. 12-27; (c) Preseason requirements for joining holders may join separate Affiliated QS/ and an Arbitration Organization. All holders IFQ Arbitration Organizations. The (4) The Federal Trade Commission of CVO and CVC QS, PQS, Arbitration mechanism for forming an Arbitration Act, 15 U.S.C. 12 and 45(a). IFQ, Class A IFQ, and IPQ must join and Organization is determined by the maintain a membership in an members of the organization. Subpart B—Management Measures Arbitration Organization as specified in (iv) No person may be a member of paragraph (d) of this section. All holders § 680.20 Arbitration System. more than one Arbitration Organization of QS, PQS, CVO or CVC IFQ, or IPQ for a crab QS fishery during a crab (a) Applicability—(1) Arbitration must join an Arbitration Organization at fishing year. System. All CVO and CVC QS, PQS, the following times: (2) Each Arbitration Organization Arbitration IFQ, Class A IFQ holders, (1) For QS holders and PQS holders must submit a complete Annual and IPQ holders must enter the except as provided for in paragraph Arbitration Organization report to contracts as prescribed in this section (c)(3) of this section, not later than May NMFS. A complete report must include: that establish the Arbitration System. 1 of each year for the crab fishing year (i) A copy of the business license of Certain parts of the Arbitration System that begins on July 1 of that year. the Arbitration Organization; are voluntary for some parties, as (2) For IFQ holders and IPQ holders, (ii) A statement identifying the specified in this section. All contract not later than 15 days after the issuance members of the organization and the provisions will be enforced by parties to of IFQ and IPQ for that crab QS fishery. amount of Arbitration QS and those contracts. (3) During 2005, QS and PQS holders Arbitration IFQ, Non-Arbitration QS (2) Open negotiation. At any time must join an Arbitration Organization as and Non-Arbitration IFQ, or PQS and prior to the first crab fishing season for described in paragraph (d) of this IPQ held by each member and that crab fishing year for that crab QS section not later than July 1, 2005. represented by that Arbitration fishery, any holder of uncommitted IFQ (d) Formation process for an Organization; may negotiate with any holder of Arbitration Organization. (1) Arbitration (iii) QS, PQS, IFQ, and IPQ ownership uncommitted IPQ, the price and Organizations must be formed to select information on the members of the delivery terms for that season or for and contract a Market Analyst, Formula organization; future seasons for any uncommitted IFQ Arbitrator, Contract Arbitrator(s), and (iv) Management organization and IPQ. QS holders, uncommitted IFQ establish the Arbitration System, information, including: holders and PQS or IPQ holders may including the payment of costs of (A) The bylaws of the Arbitration freely contact each other and initiate arbitration, described in this section for Organization; open negotiations. each crab QS fishery. All persons (B) A list of key personnel of the (b) Eligibility for Arbitration System— defined in paragraph (b)(1) of this management organization including, but (1) Arbitration Organization. The section must join an Arbitration not limited to, the board of directors, following persons are the only persons Organization. officers, representatives, and any eligible to join an Arbitration (i) Arbitration QS/IFQ Arbitration managers; Organization: Organization. Holders of Arbitration QS (v) The name of the Arbitration (i) Holders of CVO and CVC QS, and Arbitration IFQ must join an Organization, permanent business (ii) Holders of PQS, Arbitration QS/IFQ Arbitration mailing addresses, name of contact (iii) Holders of Arbitration IFQ, Organization. This Arbitration persons and additional contact (iv) Holders of Class A IFQ affiliated Organization may not have members information of the managing personnel with a PQS or IPQ holder, and who are not holders of Arbitration QS for the Arbitration Organization, (v) Holders of IPQ. or Arbitration IFQ. Arbitration QS resumes of management personnel; and (2) Persons Eligible to Use Negotiation holders and Arbitration IFQ holders (vi) A copy of all minutes of any and Binding Arbitration Procedures. may join separate Arbitration QS/IFQ meeting held by the Arbitration The following persons are the only Arbitration Organizations. The Organization or any members of the persons eligible to enter contracts with mechanism for forming an Arbitration Arbitration Organization. a Contract Arbitrator to use the Organization is determined by the (3) An Arbitration Organization, with negotiation and Binding Arbitration members of the organization. members who are QS or PQS holders, procedures described in paragraph (h) of (ii) PQS/IPQ Arbitration must submit a complete Annual this section to resolve price and delivery Organization. Holders of PQS or IPQ Arbitration Organization Report to disputes or negotiate remaining contract must join a PQS/IPQ Arbitration NMFS by electronic mail to the Regional terms not previously agreed to by IFQ Organization. This Arbitration Administrator, National Marine and IPQ holders under other negotiation Organization may not have members Fisheries Service, or by mail addressed approaches: who are not holders of PQS or IPQ. PQS to the Regional Administrator, National (i) Holders of Arbitration IFQ; and holders and IPQ holders may join Marine Fisheries Service, Post Office (ii) Holders of IPQ. separate PQS/IPQ Arbitration Box 21668, Juneau, Alaska 99802 by: (3) Persons Ineligible to Use Organizations. The mechanism for (i) June 15, 2005 for the crab fishing Negotiation and Binding Arbitration forming an Arbitration Organization is year beginning on July 1, 2005. Procedures. Holders of IFQ or QS that determined by the members of the (ii) May 1 of each subsequent year for are affiliated with holders of PQS or IPQ organization. the crab fishing year beginning on July are ineligible to enter contracts with a (iii) Affiliated QS/IFQ Arbitration 1 of that year. Contract Arbitrator to use the Organization. Holders of CVO QS or (4) An Arbitration Organization, with negotiation and Binding Arbitration Class A IFQ affiliated with a PQS or IPQ members who are IFQ or IPQ holders, procedures described in paragraph (h) of holder must join an Affiliated QS/IFQ must submit a complete Annual this section to resolve price and delivery Arbitration Organization. This Arbitration Organization Report to disputes or negotiate remaining contract Arbitration Organization may not have NMFS by electronic mail to the Regional terms not previously agreed to by IFQ members who are not holders of QS or Administrator, National Marine

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63281

Fisheries Service, or by mail addressed (v) Information release. (A) A approach, share matching approach, to the Regional Administrator, National provision requiring that the Arbitration Binding Arbitration, quality and Marine Fisheries Service, Post Office Organization deliver to NMFS any data, performance disputes, to be shared Box 21668, Juneau, Alaska 99802 by not information, and documents generated equally by all IPQ holders and later than 15 days after the issuance of pursuant to this section. Arbitration IFQ holders and Class A IFQ IFQ and IPQ for that crab QS fishery. (B) In the case of a PQS/IPQ holders. (e) Role of Arbitration Organization(s) Arbitration Organization(s), (2) These costs shall be shared based and annual requirements. (1) The (1) A provision that requires the on the amount of IPQ or IFQ held by members of each Arbitration Arbitration Organization to provide for each person. Organization must enter into a contract the delivery of the names of and contact (3) These costs shall be divided so that specifies the terms and conditions information for its members who hold that the IPQ holders pay 50 percent of of participation in the organization. uncommitted IPQ, and to identify the the costs and the Arbitration IFQ and (i) The contract with members of an regional designations and amounts of Class A IFQ holders pay 50 percent of Arbitration QS/IFQ Arbitration such uncommitted IPQ, to any persons the costs. Organization, or a PQS/IPQ Arbitration that hold uncommitted Arbitration IFQ (4) PQS holders shall advance all Organization shall include the terms, and prohibits the disclosure of any costs and shall collect the contribution conditions, and provisions specified in information received under this of Class A IFQ holders at landing paragraph (e)(2) of this section. provision to any person except those subject to terms mutually agreed by the (ii) The contract with members of an holders of uncommitted Arbitration arbitration organizations. Affiliated QS/IFQ Arbitration IFQ. The provision will require that (vii) Negotiation methods. A Organization shall include the terms, information concerning uncommitted provision that prohibits the Arbitration conditions, and provisions in paragraph IPQ be updated within 24 hours of a Organization from engaging in any (e)(3) of this section. change of any such information, contract negotiations on behalf of its (2) Provisions for Arbitration QS/IFQ including any commitment of IPQ, and members, except for those necessary to Arbitration Organizations, and PQS/IPQ that information be provided to those hire the Market Analyst, Formula Arbitration Organizations—(i) Selection persons that hold uncommitted Arbitrator, and Contract Arbitrator(s). of Market Analyst, Formula Arbitrator, Arbitration IFQ. This provision may (viii) Transfer of QS, PQS, IFQ, or and Contract Arbitrator(s). A provision include a mechanism to provide IPQ. A provision under which members authorizing the Arbitration Organization information to uncommitted Arbitration of the Arbitration Organization agree to act on behalf of its members in the IFQ holders through a secure website, or that any transfer of QS, PQS, IFQ or IPQ selection of and contracting with the through other electronic means; shall be conditioned on the purchaser of Market Analyst, Formula Arbitrator, and (2) A provision that requires the such Arbitration QS, PQS, Arbitration Contract Arbitrator(s) under paragraph Arbitration Organization to arrange for IFQ, or Non-Arbitration Class A IFQ, or (e)(4) of this section. the delivery to all holders of IPQ being a member of an Arbitration (ii) Agreement to participate in the uncommitted Arbitration IFQ the terms Organization that satisfies all of the arbitration process. A provision of a decision of a Contract Arbitrator in applicable requirements of this section authorizing the Arbitration Organization a Binding Arbitration proceeding and such purchase being subject to all to require its members to use the involving a member that holds of provisions of the Arbitration System Lengthy Season Approach, Share uncommitted IPQ within 24 hours of that apply to the holder of the Matching Approach, and Binding notice of that decision. This provision transferred QS, PQS, IFQ, or IPQ. Arbitration defined under paragraph (h) may include a mechanism to provide (ix) Enforcement of the contract. of this section. information to uncommitted Arbitration Violations of the contract shall be (iii) Confidentiality of information. A IFQ holders through a secure website, or enforced under civil law. provision that a member that is a party through other electronic means; and (3) Provisions applying to Affiliated to a Binding Arbitration proceeding (3) A provision that requires the QS/IFQ Arbitration Organizations. The shall sign a confidentiality agreement holders of uncommitted IPQ to provide provisions that allow for the provision with the party with whom it is information concerning such of information to members, payment of arbitrating stating they will not disclose uncommitted IPQ as necessary for the costs, limits on the transfer of QS, PQS, at any time to any person any Arbitration Organization to comply with IFQ, and IPQ, and enforcement of the information received from the Contract this paragraph and prohibits the contract as described under paragraphs Arbitrator or any other party in the disclosure of any such information by a (e)(iv), (vi),(viii), and (ix) will apply to course of the arbitration. That member to any person, except as the contract among members of an confidentiality agreement shall specify directed therein. Affiliated QS/IFQ Arbitration the potential sanctions for violating the (vi) Costs. A provision that authorizes Organization(s). agreement. the Arbitration Organization to enter (4) Process for selecting of Market (iv) Provision of information to into a contract with all other arbitration Analyst, Formula Arbitrator, and members. A provision requiring the organizations for the payment of the Contract Arbitrator(s). (i) For each crab Arbitration Organization to provide to costs of arbitration as specified under fishing year, QS holders who are its members: this section. members of Arbitration QS/IFQ (A) A copy of the contracts for the (A) Payment of costs for arbitration. Arbitration Organization(s) and PQS Market Analyst, Formula Arbitrator, and (1) The arbitration organizations must holders who are members of PQS/IPQ Contract Arbitrator for each fishery in establish a contract that requires the Arbitration Organization(s), by mutual which the member participates; payment of all costs of the Market agreement, will select one Market (B) A provision that requires the Analyst, Formula Arbitrator, and Analyst, one Formula Arbitrator, and Arbitration Organization to deliver the Contract Arbitrator(s), dissemination of Contract Arbitrator(s) for each crab QS Market Report and the Non-Binding information concerning uncommitted fishery. The number of Contract Price Formula for each fishery in which IPQ to holders of uncommitted Arbitrators selected for each fishery will the member participates within 5 days Arbitration IFQ, and the costs of such be subject to the mutual agreement of of its release. persons associated with lengthy season those arbitration organizations. The

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63282 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

selection of the Market Analyst and the this section shall occur not later than (B) Include only statistics for which Formula Arbitrator must occur in time July 30, 2005; and there are at least five providers reporting to ensure the Market Report and (ii) The Market Report and data upon which each statistic is based non-binding price formula are produced Non-Binding Price Formula shall be and for which no single provider’s data within the time line established in produced not later than 25 days prior to represents more than 25 percent of a paragraph (e)(4)(ii). the first crab fishing season for that crab weighted basis of that statistic; and (ii) The arbitration organizations QS fishery in that crab fishing year as (C) Sufficiently aggregate any representing Arbitration QS holders or required under this section. information disseminated in the report PQS holders in a crab fishery shall (f) Roles and standards for the Market such that it would not identify specific establish by mutual agreement the Analyst and process for producing the price information by an individual contractual obligations of the Market Market Report. (1) For each crab QS provider of information. Analyst, Formula Arbitrator, and fishery, the Arbitration QS/IFQ (vii) The Market Report shall consider Contract Arbitrator(s) for each fishery, Arbitration Organizations and the PQS/ the following factors: which shall provide that the Market IPQ Arbitration Organizations shall (A) Current ex-vessel prices, Report and Non-Binding Price Formula establish a contract with the Market including ex-vessel prices received for are produced not later than 50 days Analyst to produce a Market Report for crab harvested under Class A, Class B, prior to the first crab fishing season for the fishery. The terms of this contract and CVC IFQ permits; (B) Consumer and wholesale product that crab QS fishery in that crab fishing must specify that the Market Analyst prices for the processing sector and the year except as provided in paragraph must produce a Market Report that shall participants in the arbitration (e)(6) of this section. The contractual provide an analysis of the market for (recognizing the impact of sales to obligations of the Market Analyst, the products of that fishery. (2) The contract with the Market affiliates on wholesale pricing); Formula Arbitrator and Contract (C) Innovations and developments of Arbitrators will be enforced by the Analyst must specify that: (i) The Market Analyst shall base the the harvesting and processing sectors parties to the contract. and the participants in the arbitration (iii) The same person may be chosen Market Report: (A) On a survey of the market for crab (including new product forms); for the positions of Market Analyst and (D) Efficiency and productivity of the Formula Arbitrator for a fishery. products produced by the fishery. (B) Information provided by the IPQ harvesting and processing sectors (iv) A person selected to be a Contract and IFQ holders regarding market (recognizing the limitations on Arbitrator may not be the Market conditions and expectations. efficiency and productivity arising out Analyst or Formula Arbitrator, and shall (iii) To the extent IPQ and IFQ of the management program structure); not be in the employ or otherwise holders provide information requested (E) Quality (including quality associated with the Market Analyst or by the Market Analyst, they must standards of markets served by the Formula Arbitrator, for that fishery. provide such information directly to the fishery and recognizing the influence of (5) Notification to NMFS. Not later Market Analyst and not to any other IPQ harvest strategies on the quality of than June 1 for that crab fishing year, holder or IFQ holder, except that IFQ landings); except as provided in paragraph (e)(6) of (F) The interest of maintaining holders that are members of any single this section, the arbitration financially healthy and stable harvesting crab harvesting cooperative may share organizations representing the holders and processing sectors; such information with other members of of Arbitration QS and PQS in each (G) Safety and expenditures for the same crab harvesting cooperative fishery shall notify NMFS of the persons ensuring adequate safety; who are authorized to participate in the selected as the Market Analyst, Formula (H) Timing and location of deliveries; arbitration system. and Arbitrator, and Contract Arbitrator(s) for (iv) The Market Analyst: the fishery by electronic mail addressed (I) The cost of harvesting and (A) May meet with IFQ holders who processing less than the full IFQ or IPQ to the Regional Administrator, National are members of any single crab Marine Fisheries Service, or by mail allocation (underages) to avoid penalties harvesting cooperative collectively; for overharvesting IFQ and a mechanism addressed to the Regional (B) Shall meet with IPQ holders Administrator, National Marine for reasonably accounting for deadloss. individually (viii) There shall only be one annual Fisheries Service, Post Office Box (C) Shall meet with distinct crab Market Report for each fishery. 21668, Juneau, Alaska 99802. The harvesting cooperatives individually; (ix) The Market Analyst shall not arbitration organizations shall include a (D) Shall meet with IFQ holders who issue interim or supplemental reports list of arbitration organizations that are not members of the same crab for each fishery; mutually agreed to the selection of the harvesting cooperatives individually. (3) The Market Analyst shall not Market Analyst, Formula Arbitrator, and (v) The information provided to the disclose any information to any person Contract Arbitrator(s) and signatures of Market Analyst by IPQ and IFQ holders not required under this section. representatives of those arbitration must be historical information based on (4) The contract with the Market organizations and a copy of the contract activities occurring more than three Analyst must specify that the Market with Market Analyst, the Formula months prior to the generation of the Analyst will provide the Market Report Arbitrator, and each Contract Arbitrator. Market Report. not later than 50 days prior to the first The notification must include a (vi) The Market Analyst shall keep crab fishing season for that crab QS curriculum vitae and other relevant confidential the identity of the source of fishery in that crab fishing year to: biographical material for each of these any particular information contained in (i) Each Arbitration Organization in individuals. the report. The Market Analyst may note that fishery; (6) First-year implementation. During generally the sources from which it (ii) NMFS by electronic mail to the 2005: gathered information. The report shall: Regional Administrator, National (i) Selection of and establishment of (A) Include only data that is based on Marine Fisheries Service, or addressed the contractual obligations of the Market information regarding activities to the Regional Administrator, National Analyst, Formula Arbitrator, and occurring more than three months prior Marine Fisheries Service, Post Office Contract Arbitrator(s) as required under to the generation of the Market Report; Box 21668, Juneau, Alaska 99802.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63283

(iii) The Formula Arbitrator and any (D) Consider the ‘‘highest arbitrated Marine Fisheries Service, Post Office Contract Arbitrator(s) for the fishery. price’’ for the fishery from the previous Box 21668, Juneau, Alaska 99802. (g) Roles and standards for the crab fishing season, where the ‘‘highest (C) The Market Analyst and all Formula Arbitrator. (1) For each crab QS arbitrated price≥means the highest Contract Arbitrators in the fishery. fishery, the Arbitration QS/IFQ arbitrated price for arbitrations of IPQ (ix) The Formula Arbitrator shall not Arbitration Organizations and the PQS/ and Arbitration IFQ which represent a disclose any information to any person IPQ Arbitration Organizations shall minimum of at least 7 percent of the IPQ not required under this section, except establish a contract with the Formula resulting from the PQS in that fishery. as permitted by paragraph (j) of this Arbitrator to develop a Non-Binding For purposes of this process, the section. Price Formula. Formula Arbitrator may aggregate up to (h) Roles and standards for the (2) The contract with the Formula three arbitration findings to collectively Contract Arbitrator(s). (1) For each crab Arbitrator must specify that: equal a minimum of 7 percent of the QS fishery, the Arbitration QS/IFQ (i) The Formula Arbitrator will IPQ. When arbitration findings are Arbitration Organizations and PQS/IPQ conduct a single annual fleet-wide aggregated with 2 or more entities, the Arbitration Organizations shall establish analysis of arbitrations to establish a lesser of the arbitrated prices of the a contract with all Contract Arbitrators Non-Binding Price Formula under arbitrated entities included to attain the in that fishery that specifies that each which a fraction of the weighted average 7 percent minimum be considered for Contract Arbitrator may be selected to first wholesale prices for crab products the highest arbitrated price. resolve a dispute concerning the terms from the fishery may be used to set an (iii) The Non-Binding Price Formula of delivery, price, or other factors in the ex vessel price. may rely on any relevant information fishery. (ii) The Non-Binding Price Formula available to the Formula Arbitrator, (2) Selection of Contract Arbitrators. shall: The contract with the Contract (A) Be based on the historical including, but not limited to, (A) Information provided by the QS, Arbitrator shall specify the means by distribution of first wholesale revenues which the Contract Arbitrator will be between fishermen and processors in PQS, IPQ and IFQ holders in the fishery; and selected to resolve specific disputes. the aggregate based on arm’s length first This contract must specify that for any wholesale prices and ex vessel prices, (B) The Market Report for the fishery. (iv) The Formula Arbitrator: dispute for which the Contract taking into consideration the size of the Arbitrator is selected, that the Contract harvest in each year; and (A) May meet with IFQ holders who are members of any single crab Arbitrator will comply with the last best (B) Establish a price that preserves the offer arbitration method as set forth in historical division of revenues in the harvesting cooperative collectively; (B) Shall meet with IPQ holders this section. fishery while considering the following: (3) Negotiation and Binding individually (1) Current ex-vessel prices, including Arbitration Procedure. The contract (C) Shall meet with distinct crab ex-vessel prices received for crab with the Contract Arbitrator(s) shall harvesting cooperatives individually; harvested under Class A, Class B, and specify the following approaches for CVC IFQ permits; (D) Shall meet with IFQ holders who negotiation and Binding Arbitration (2) Consumer and wholesale product are not members of the same crab among members of the Arbitration prices for the processing sector and the harvesting cooperatives individually. participants in arbitrations (recognizing Organizations: (v) The Formula Arbitrator may (i) Restrictions on collective the impact of sales to affiliates on request any relevant information from negotiation. An IFQ and IPQ holder may wholesale pricing); QS, PQS, IPQ, and IFQ holders in the negotiate individually. Groups of IFQ (3) Innovations and developments of fishery, but the Formula Arbitrator shall the harvesting and processing sectors holders may negotiate collectively with not have subpoena power. an IPQ holder only under the following and the participants in arbitrations (vi) May obtain information from (including new product forms); provisions: persons other than QS, PQS, IPQ, and (A) Members of a crab harvesting (4) Efficiency and productivity of the IFQ holders in the fishery, if those harvesting and processing sectors cooperative may participate collectively persons agree to provide such data. Any with other members of the same crab (recognizing the limitations on information that is provided must be efficiency and productivity arising out harvesting cooperative in Binding based on activities occurring more than Arbitration except as otherwise of the management program structure); three months prior to the date of (5) Quality (including quality provided under this section. submission to the Formula Arbitrator; (B) Members of different crab standards of markets served by the (vii) Shall keep confidential the fishery and recognizing the influence of harvesting cooperatives shall not information that is not publicly harvest strategies on the quality of participate collectively. available and not disclose the identity of landings); (C) IPQ holders shall not participate (6) The interest of maintaining the persons providing specific collectively. Only one IPQ holder can financially healthy and stable harvesting information; and enter into Binding Arbitration with any and processing sectors; (viii) The contract with the Formula IFQ holder or IFQ holder(s). (7) Safety and expenditures for Arbitrator must specify that the Formula (D) An Arbitration Organization ensuring adequate safety; Arbitrator will provide the non-binding cannot negotiate on behalf of a member. (8) Timing and location of deliveries; price formula not later than 50 days This shall not prohibit the members of and prior to the first crab fishing season for an Arbitration IFQ Arbitration (9) The cost of harvesting and that crab QS fishery in that crab fishing Organization from negotiation as a crab processing less than the full IFQ or IPQ year to: harvesting cooperative under the FCMA. allocation (underages) to avoid penalties (A) Each Arbitration Organization in (ii) Open negotiations. At any time for overharvesting IFQ and a mechanism that fishery; prior to the date of the first crab fishing for reasonably accounting for deadloss. (B) NMFS by electronic mail to the seas on a crab fishing year for that crab (C) Include identification of various Regional Administrator, National QS fishery, any holder of Arbitration QS relevant factors such as product form, Marine Fisheries Service, or addressed or uncommitted IFQ may negotiate with delivery time, and delivery location. to the Regional Administrator, National any holder of PQS or uncommitted IPQ,

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63284 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

the price and delivery terms for that Arbitration IFQ to a holder of establishing a schedule for the Binding season for any uncommitted IFQ and uncommitted IPQ. Arbitration. This schedule shall include IPQ. (B) To commit Arbitration IFQ, the the date by which the IPQ holder and (A) Arbitration QS or Arbitration IFQ holder of uncommitted IFQ must offer Arbitration IFQ holder(s) must submit holders and PQS or IPQ holders may an amount of Arbitration IFQ not less their last best offer and any supporting freely contact each other and initiate than 50 percent of the Arbitration IFQ materials, and any additional meetings open negotiations; holder’s total uncommitted Arbitration or mediation if agreed to by all parties. (B) If Arbitration QS or Arbitration IFQ. This meeting will discuss the schedule IFQ holders and PQS or IPQ holders do (C) Any holder of uncommitted IPQ of the Binding Arbitration proceedings not reach an agreement on price, must accept all proposed Arbitration and not address terms of last best offers. delivery terms, or other terms, a party to IFQ commitments, up to the amount of (viii) Terms of Last Best Offers. The the contract may initiate Binding its uncommitted IPQ. The commitment Contract Arbitrator will meet with the Arbitration in accordance with the of IPQ will take place on receipt of parties to the Binding Arbitration procedures specified in this section in notice from the holder of uncommitted proceeding to determine the matters that order to resolve disputes in those price, Arbitration IFQ of the intention to must be included in the last best offer, delivery terms, or other terms. commit that IFQ. which may include a fixed price or a (iii) Lengthy season approach. (A) (D) After matching, an Arbitration IFQ price over a time period specified by the Prior to the date of the first crab fishing holder and an IPQ holder may either parties, a method for adjusting prices season for that crab QS fishery in that decide to enter Binding Arbitration or, over a crab fishing year, or an advance crab fishing year an IPQ holder and one with the consent of both the Arbitration price paid at the time of delivery. or more holders of Arbitration IFQ may IFQ holder and IPQ holder, enter (ix) Submission of Last Best Offers. choose to adopt a Lengthy Season mediation to reach agreement on The parties to a Binding Arbitration approach. contract terms. The Arbitration IFQ proceeding shall each submit to the (B) A Lengthy Season approach holder and IPQ holder may request a Contract Arbitrator(s) a last best offer allows an IPQ holder and an Arbitration Contract Arbitrator to act as a mediator defining all the terms specified for IFQ holder to agree to postpone to facilitate an agreement. inclusion in a last best offer by the negotiation of specific contract terms (1) If the mediation proves Contract Arbitrator. An Arbitration IFQ until a time during the crab fishing year unsuccessful, Binding Arbitration may holder that is a crab harvesting as agreed upon by the Arbitration IFQ begin immediately with the same cooperative may submit a last best offer holder and IPQ holder participating in Contract Arbitrator. that defines terms for the delivery of the negotiation. The Lengthy Season (2) If the Contract Arbitrator serves as crab harvested by members of that crab approach allows the Arbitration IFQ a mediator in an unsuccessful harvesting cooperative with IFQ held by holders and IPQ holder involved in the mediation, either party may request the cooperative. An Arbitration IFQ negotiation to postpone Binding another Contract Arbitrator for the holder that is not a crab harvesting Arbitration, if necessary, until a time Binding Arbitration. cooperative may submit a last best offer during the crab fishing year. If the (v) Initiation of Binding Arbitration. that defines the term of delivery of crab parties ready a final agreement on the Except for the Lengthy Season harvested with IFQ held by that person. contract terms, Binding Arbitration is approach, at any point more than 15 The IPQ holder that is a party to the not necessary. days prior to the date of the first crab proceeding shall submit a single offer (C) If an IPQ holder and one or more fishing season for a crab QS fishery an that defines terms for delivery of crab Arbitration IFQ holder(s) are unable to Arbitration IFQ holder or IPQ holder harvested with all IFQ that are subject reach an agreement on whether to adopt may initiate a Binding Arbitration. to the proceedings. a Lengthy Season approach, they may Binding Arbitration is initiated after the (x) Arbitration Decisions. The agree to request a Binding Arbitration or Arbitration IFQ holder notifies an IPQ Contract Arbitrator(s) shall decide mediation to assist the parties in holder and the Contract Arbitrator(s), or among each offer received from an determining whether to adopt a Lengthy the IPQ holder has notified the Arbitration IFQ holder and the offer Season approach. The parties may Arbitration IFQ holder and the Contract received from the IPQ holder. Each request a Contract Arbitrator to act as a Arbitrator(s). Binding Arbitration may arbitration decision shall result in a mediator. If the mediation proves be initiated to resolve price, terms of binding contract between the IPQ holder unsuccessful, the parties enter Binding delivery, and other disputes arising and theArbitration IFQ holder defined Arbitration to determine whether to from: by the terms of the offer selected by adopt a lengthy season approach. (A) Open Negotiation among Contract Arbitrator(s). (1) Binding Arbitration may begin Arbitration IFQ holders and IPQ (xi) Announcement of Decisions. (A) immediately with the same Contract holders; If last best offers are submitted at least Arbitrator. (B) Lengthy Season Approach; 15 days before the first crab fishing (2) If the Contract Arbitrator serves as (C) Share Matching; or season for that crab fishing year for that a mediator in an unsuccessful (D) Performance Disputes. crab QS fishery, arbitration decisions mediation, either party may request (vi) Joining a Binding Arbitration shall be issued no later than 10 days another Contract Arbitrator for the Proceeding. Any Arbitration IFQ holder before the first crab fishing season for Binding Arbitration. may join a Binding Arbitration that crab fishing year for that crab QS (iv) Share Matching. (A) At any time proceeding as a party by providing fishery. Otherwise, the Contract after the issuance of IFQ and IPQ for a notice to the IPQ holder and the Arbitrator will notify the parties of the crab QS fishery but not earlier than 25 Contract Arbitrator(s). arbitration decision within 5 days of the days prior to the first crab fishing season (vii) Arbitration Schedule Meeting. parties submitting their last best offers. for a crab QS fishery in the crab fishing The Contract Arbitrator shall meet with (B) The Contract Arbitrator will notify year, holders of uncommitted all parties to a Binding Arbitration the parties by providing each Arbitration IFQ may choose to commit proceeding as soon as possible once a Arbitration IFQ holder and IPQ holder the delivery of harvests of crab to be Binding Arbitration proceeding has that is a party to the Binding Arbitration made with that uncommitted been initiated for the sole purpose of proceeding, a copy of any decision. The

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63285

decision is binding on the parties to the to the proceeding may provide the NMFS via mail to the Administrator, Binding Arbitration proceeding. Contract Arbitrator with additional Alaska Region, NMFS, P.O. Box 21668, (4) Basis for the Arbitration Decision. information to support its last best offer. Juneau, AK 99802-1668, or The contract with the Contract The Contract Arbitrator must receive electronically not later than 30 days Arbitrator shall specify that the Contract and consider all data submitted by the prior to the end of the crab fishing year Arbitrator will be subject to the parties. for which the open negotiation or following provisions when deciding (iv) The Contract Arbitrator may arbitration applied. which last best offer to select: request specific information from the (7) Enforcement of Binding (i) The Contract Arbitrator’s decision Arbitration IFQ holder(s) and IPQ Arbitration decisions. The decision of shall: holder that would be useful in reaching the Contract Arbitrator for Binding (A) Be based on the historical a final decision. The Contract Arbitrator Arbitration shall be enforced among the distribution of first wholesale revenues will not have subpoena power and it is parties to that arbitration. between fishermen and processors in in the sole discretion of the person from (8) Failure of Contract Arbitrator(s). the aggregate based on arm’s length first whom information is requested as to Except as provided for in paragraph wholesale prices and ex vessel prices, whether to provide the requested (h)(6)(v) of this section, the failure of a taking into consideration the size of the information. Contract Arbitrator to perform shall be harvest in each year; and (5) Limits on the Release of Data. The enforced by the Arbitration (B) Establish a price that preserves the parties to a Binding Arbitration Organizations. historical division of revenues in the proceeding shall be precluded from full (9) Availability of Terms and fishery while considering the following: access to the information provided to Conditions of an Arbitration Decision. (1) Current ex-vessel prices, including the Contract Arbitrator. Each party to an Arbitration must make ex-vessel prices received for crab (i) Arbitration IFQ holders that are the terms and conditions of an harvested under Class A, Class B, and party to an arbitration proceeding shall arbitration decision available to that CVC IFQ permits; have access only to information party’s Arbitration Organization in order (2) Consumer and wholesale product provided directly by the IPQ holder to for the Arbitration Organization to make prices for the processing sector and the the Contract Arbitrator for that Binding such information available to participants in the arbitration Arbitration proceeding. uncommitted Arbitration IFQ holders (recognizing the impact of sales to (ii) IPQ holders that are party to an that may wish to opt-in to those terms affiliates on wholesale pricing); arbitration proceeding shall have access as described in paragraph (h)(10) of this (3) Innovations and developments of only to information provided directly by section within 5 days of receiving the the harvesting and processing sectors an Arbitration IFQ holder to the request for that information. and the participants in the arbitration Contract Arbitrator for that Binding (10) Post Binding Arbitration opt-in. (including new product forms); Arbitration proceeding. (i) An Arbitration IFQ holder with (4) Efficiency and productivity of the (iii) The Contract Arbitrator shall keep uncommitted IFQ, may opt-in to any harvesting and processing sectors confidential the information provided contract that results from a completed a (recognizing the limitations on by any QS, PQS, IFQ, or IPQ holders in Binding Arbitration procedure with any efficiency and productivity arising out the fishery and not disclose the identity IPQ holder that has uncommitted IPQ. of the management program structure); of the persons providing specific (A) All the terms from the arbitrated (5) Quality (including quality information except as provided in contract will apply. standards of markets served by the paragraph (h)(6) of this section. (B) Once exercised, the opt-in results fishery and recognizing the influence of (6) Information Provided to NMFS. in a contract that is binding on both the harvest strategies on the quality of The contract with the Contract Arbitration IFQ and IPQ holder. landings); Arbitrator must specify that the Contract (ii) To initiate the opt-in process, the (6) The interest of maintaining Arbitrator provide NMFS with: holder of uncommitted Arbitration IFQ financially healthy and stable harvesting (i) A copy of any minutes from any will notify the holder of uncommitted and processing sectors; meeting attended by that Contract IPQ in writing of its intent to opt-in. (7) Safety and expenditures for Arbitrator between or among any PQS or (iii) Holders of uncommitted ensuring adequate safety; IPQ holders concerning any negotiations Arbitration IFQ may opt-in to a contract (8) Timing and location of deliveries; under this section. resulting from a completed Binding and (ii) Any last-best offers made during Arbitration procedure with a person that (9) The cost of harvesting and the Binding Arbitration process, holds uncommitted IPQ for that fishery. processing less than the full IFQ or IPQ including all contract details, the names (iv) If the IPQ holder and the allocation (underages) to avoid penalties of other participants in the arbitration, Arbitration IFQ holder are unable to for overharvesting IFQ and a mechanism and whether the bid was accepted by resolve a dispute regarding whether the for reasonably accounting for deadloss. the Contract Arbitrator; and opt-in offer is consistent with the (C) Consider the Non-Binding Price (iii) A copy of any information, data, original contract from the completed Formula established in the fishery by or documents given by the Contract Binding Arbitration procedure, the the Formula Arbitrator. Arbitrator to any person who is not a dispute may be decided by the Contract (ii) The Contract Arbitrator’s decision party to the particular arbitration for Arbitrator to the original arbitration that may rely on any relevant information which that information was provided. resulted in the contract to which the available to the Contract Arbitrator, The Contract Arbitrator must identify Arbitration IFQ holder is seeking to including, but not limited to: the arbitration to which those opt-in. The Contract Arbitrator will (A) Information provided by the QS, information, data, or documents apply, decide only whether the proposed PQS, IPQ and IFQ holders in the fishery and the person to whom those opt-in terms are consistent with the regarding the factors identified in information, data, or documents were original contract. paragraph (h)(4)(i) of this section; and provided. (11) Performance disputes. If an IPQ (B) The Market Report for the fishery. (iv) The Contract Arbitrator must holder and an Arbitration IFQ holder (iii) Each of the Arbitration IFQ provide any information, documents, or are unable to resolve disputes regarding holder and the IPQ holder that are party data required under this paragraph to the obligations to perform specific

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00087 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63286 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

contract provisions after substantial § 680.21 Crab fishery cooperatives. formed as a partnership, corporation, or negotiations or when time is of the This section governs the formation other legal business entity that is essence, the issues of that dispute shall and operation of crab harvesting registered under the laws of one of the be submitted for Binding Arbitration cooperatives. A crab harvesting 50 states or the District of Columbia. before a Contract Arbitrator for that cooperative is a group of crab QS (2) Fisherman’s Collective Marketing fishery. holders who have chosen to form a Act of 1934. Each crab harvesting (i) Binding Arbitration resulting from cooperative under the 1934 Fisherman’s cooperative must be formed in a performance dispute can occur at any Collective Marketing Act (15 U.S.C. 521) accordance with the requirements of the point during or after the crab fishing in order to combine and collectively Fisherman’s Collective Marketing Act of year. The dispute must be raised by the manage their crab IFQ through a crab 1934 (15 U.S.C. 521). IPQ holder or the Arbitration IFQ cooperative IFQ permit issued by (3) Appointment of a designated holder. Arbitration of that performance NMFS. representative. Each crab harvesting dispute must be initiated prior to the (a) Types of cooperatives governed cooperative must appoint a designated date of the first crab fishing season for under this section. The regulations in representative to act on the the following crab fishing year in that this section apply only to crab cooperative’s behalf and serve as contact crab QS fishery. harvesting cooperatives that have point for NMFS for questions regarding formed for the purpose of applying for (ii) Performance dispute arbitration the operation of the cooperative. The and of fishing under a crab cooperative shall follow the same procedures designated representative may be a IFQ fishing permit issued by NMFS. described for a Binding Arbitration in member of the cooperative or some (b) Membership requirements. A crab paragraph (h) of this section. other individual authorized by the harvesting cooperative is limited to QS cooperative to act on its behalf. (iii) If the arbitration proves holders who hold any amount of CPO, (d) Application for annual crab unsuccessful or a party fails to abide by CVO, CPC, or CVC and who, NMFS has harvesting cooperative IFQ permits. A the arbitration decision, a party may determined, are eligible to receive IFQ. crab harvesting cooperative IFQ permit pursue available contract remedies. (1) Minimum number of members. is an annual permit issued to a (iv) The costs of arbitrating Each crab harvesting cooperative must cooperative that establishes an annual performance disputes shall be provided include at least four unique QS holding catch limit of crab that is based on the from the general fees collected by the entities. A unique QS holding entity is collective QS holdings of the members arbitration organizations pursuant to a QS holder or group of affiliated QS of the cooperative. A crab harvesting paragraph (h) of this section. holders that are not affiliated with any cooperative IFQ permit will list the IFQ (v) The Contract Arbitrator may assign other QS holders or QS holding entities amount held by the cooperative and fees to any party bringing frivolous in the cooperative. For the purpose of identify the members of the cooperative. complaints. Any such fees shall be paid this paragraph, the term ‘‘affiliation’’ is Each cooperative will be issued a by the party and not from the fees defined at § 680.2. separate IFQ permit for each type of QS collected under paragraph (e)(2)(vi) of (2) Voluntary nature of membership. held by a member (or members) of the this section. Membership in a crab harvesting cooperative. (12) Quality disputes. When disputes cooperative is voluntary. No person may (1) June 30 application deadline. Each regarding the quality of the harvested be required to join a crab harvesting crab harvesting cooperative annually crab arise within the context of an cooperative, and no crab harvesting must submit to and be received by existing contract, the parties may settle cooperative may be required to accept a NMFS by June 30, a completed the disputes within the context of the member who the cooperative chooses application for annual crab harvesting arbitration system according to the not to accept. cooperative IFQ permit, together with following: (3) Limitations on membership in a the signed annual application for crab crab harvesting cooperative. A QS (i) In cases where the IPQ holder and IFQ/IPQ permit forms of all the holder who also holds PQS or IPQ, is Arbitration IFQ holder(s) have agreed to members of the cooperative. affiliated with a person who holds PQS a formula-based price for crab but where (2) Contents of application for annual or IPQ, processes Class B IFQ, or is they cannot reach an agreement on the crab harvesting cooperative IFQ permit. affiliated with a person that processes quality and price of the crab, the IPQ A completed application must contain Class B IFQ is prohibited from joining holder and Arbitration IFQ holder(s) the following information: a crab harvesting cooperative. (i) Cooperative identification. (A) The will receive their share of the value of (4) Membership is all or nothing. cooperative’s legal name; the amount of crab delivered based on Upon joining a cooperative, each QS (B) Type of business entity under the provisions of the contract. holder must allow all of his or her QS which the cooperative is organized; (ii) In quality disputes where the holdings to be used by the cooperative (C) State in which the cooperative is Arbitration IFQ holders prefer to use for conversion to cooperative IFQ. legally registered as a business entity; actual ex-vessel price and not a (5) Membership in more than one (D) Name of the cooperative’s formula-based price and a dispute arises cooperative prohibited. A QS holder designated representative; regarding crab quality and price, the may not hold simultaneous (E) Permanent business address, dispute should be referred to a mutually memberships in more than one crab telephone number, facsimile number, agreeable independent quality specialist harvesting cooperative. and e-mail address (if available) for the firm. This independent quality (c) Legal and organizational cooperative or its designated specialist firm will determine the price requirements for crab harvesting representative; to be paid to the IPQ holder and IFQ cooperatives. A crab harvesting (F) Signature of the cooperative’s holder(s). The IPQ holder and cooperative must meet the following designated representative and the date Arbitration IFQ holder(s) with this legal and organization requirements signed. quality dispute shall share the cost of before it is eligible to apply for a (ii) Members of the cooperative. Full hiring the specialist firm and agree to cooperative IFQ permit: name and NMFS Person ID number of abide by its findings according to the (1) Registered business entity. Each each member of the cooperative. Attach terms of their agreement. crab harvesting cooperative must be the completed and signed Annual

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00088 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63287

Application for Crab IFQ/IPQ Permit for percent ownership share is held by a acquire individually held IFQ using the all members of the cooperative; member of the cooperative to whom the transfer procedures described in (iii) Affiliation declaration. Indicate IFQ permit is issued. Cooperatives § 680.41. Any individually held IFQ (YES or NO) whether any member of the wishing to employ a hired master must acquired by a crab harvesting cooperative is affiliated with an entity apply for and receive a Crab IFQ Hired cooperative will be converted to that holds IPQ or PQS, or that processes Master Permit using the procedures cooperative IFQ when the transfer is IFQ crab (other than a catcher/processor described in § 680.4(f). processed by NMFS. that processes only its own catch). If (3) Liability. Each member of a (3) Transfer of cooperative IFQ. YES, your cooperative is not eligible to cooperative is responsible for ensuring Cooperative IFQ may be transferred only receive a cooperative IFQ permit. that members of the cooperative and between two crab harvesting (iv) Additional documentation. In Crab IFQ hired masters of the cooperatives that have been issued order to file a complete application, cooperative comply with all regulations cooperative IFQ permits using the attach the following documents to this applicable to fishing for CR crab. transfer procedures described in application: (f) Transfers by members of a § 680.41. A crab harvesting cooperative (A) A copy of the business license cooperative. The following requirements is prohibited from transferring any issued by the state in which the address transfers of QS, IFQ, PQS, and amount of cooperative IFQ to any entity cooperative is registered as a business IPQ by members of a cooperative. that is not a crab harvesting cooperative entity; (1) Transfer of QS by members of a operating under a cooperative IFQ (B) A copy of the articles of cooperative. A member of a cooperative permit. incorporation or partnership agreement may buy or sell QS at any time using the (h) Inseason changes to cooperative of the cooperative; and transfer procedures described in membership. The following (C) A copy of the cooperative § 680.41. However, transfers of QS that requirements address inseason changes agreement signed by the members of the occur after the June 30 deadline for to cooperative membership. cooperative (if different from paragraph cooperative IFQ permit applications (1) Eligible membership changes. A (d)(3)(iii)(B) of this section). will not be reflected in the type or crab harvesting cooperative may add a (4) Issuance of cooperative IFQ amount of IFQ permit issued to the new member if that person becomes permits. Upon receipt of a completed cooperative for the subsequent fishing eligible to join the cooperative through Application for an Annual Crab season. the acquisition of any amount of the QS Harvesting Cooperative IFQ Permit that (2) Transfer of individually held IFQ upon which the cooperative’s annual is subsequently approved, NMFS will by members of a cooperative. A member IFQ permit was based provided that the issue one-year crab harvesting of a cooperative may buy or sell person acquiring the QS in question has cooperative IFQ permits to the individually held IFQ using the transfer been determined by NMFS to be eligible cooperative. The crab harvesting procedures described in § 680.41. to hold IFQ. Likewise, a crab harvesting cooperative IFQ permits will list the However a member of a cooperative cooperative may remove a member if crab IFQ amounts that are generated by who holds any amount of IFQ loses the that person no longer holds any of the the aggregate QS holdings of all vessel use cap exemption for any vessel QS upon which the cooperative’s members of the cooperative for each used to fish any amount of individually annual IFQ permit was based. fishery, region, sector, and A/B share held IFQ. (2) Inseason membership changes are categories except that all CVC and CPC (3) Transfer of cooperative IFQ by voluntary. A crab harvesting cooperative QS held by the members of a members of a cooperative. A member of is not required to add or remove cooperative will be converted to CVO a cooperative may not buy or sell members during the fishing season to and CPO IFQ, respectively. cooperative IFQ. Cooperative IFQ may reflect inseason transfers of QS. Each (5) Appeals. A cooperative or person only be transferred between two cooperative is free to establish its own who is adversely affected by an initial cooperatives. process for deciding whether or not to administrative determination (IAD) that (4) Acquisition of PQS and IPQ by admit new members or to remove is associated with the issuance of a crab members of a cooperative. A member of existing members during the fishing cooperative IFQ permit may appeal the a cooperative is prohibited from season to reflect changes in the IAD using the appeals procedures acquiring any amount of PQS or IPQ ownership of QS. No cooperative is described in § 679.43. during the valid duration of the required to admit a new QS holder that (e) Restrictions on fishing under a cooperative IFQ permit. the cooperative chooses not to admit, crab cooperative IFQ permit. The (g) Transfers by crab harvesting regardless of whether the person in following restrictions govern the fishing cooperatives. The following question has acquired any amount of QS for IFQ crab under a crab cooperative requirements address transfers of QS, upon which the cooperative’s annual IFQ permit: IFQ, PQS, and IPQ by crab harvesting IFQ is based. If a cooperative chooses to (1) Maintenance of permit on board. cooperatives that have been issued make inseason membership changes, A copy of a crab cooperative IFQ permit cooperative IFQ permits. then it must comply with § 680.21(h)(3). must be maintained on board any vessel (1) Acquisition of QS, PQS, and IPQ (3) Application for an inseason that is being used to harvest crab under prohibited. A crab harvesting change in cooperative membership. A the permit. cooperative that has been issued a crab harvesting cooperative must notify (2) Persons eligible to harvest crab cooperative IFQ permit is prohibited NMFS of any inseason changes to under a cooperative IFQ permit. Only from acquiring any amount of QS, PQS, cooperative membership by submitting the following persons are eligible to or IPQ for the valid duration of the a revised Application for an Annual harvest crab under a cooperative IFQ cooperative IFQ permit. A crab Crab Harvesting Cooperative IFQ Permit permit: harvesting cooperative that acquires any together with any revised supporting (i) Cooperative members. Members of amount of QS, PQS, or IPQ becomes documents that are required to be the cooperative to whom the IFQ permit ineligible to receive a crab cooperative submitted with the application. The is issued. IFQ permit. revised Application for an Annual Crab (ii) Hired masters. Hired masters (2) Transfer of individually held IFQ. Harvesting Cooperative IFQ Permit must operating a vessel in which at least a 10 A crab harvesting cooperative may be accompanied by a cover letter that

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00089 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63288 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

indicates the revisions that have been (i) Any non-AFA vessel that made a evidence supporting the request. If the made. Upon approval of the legal landing of Bering Sea snow crab request for reconsideration is denied, membership change, NMFS will issue a (C. opilio) between January 1, 1996, and affected persons may appeal using the revised annual cooperative IFQ permit December 31, 2000, that generated any procedures described at § 680.43. that reflects the change in membership. amount of Bering Sea snow crab (C. (d) Determination of GOA groundfish A new member may not fish on behalf opilio) fishery QS, and sideboard ratios. Sideboard ratios for of a cooperative except as a crab IFQ (ii) Any vessel named on an LLP each GOA groundfish species other than hired master until NMFS issues a license that was generated in whole or sablefish, species group, season, and revised annual cooperative IFQ permit in part by the fishing history of a vessel area for which annual specifications are that reflects the change in membership. meeting the criteria in paragraph made, are established according to the (4) Successors-in-interest. If a member (a)(1)(i) of this section. following formulas: of a cooperative dies (in the case of an (2) Vessels prohibited from directed (1) Pacific cod. The sideboard ratios individual) or dissolves (in the case of fishing for Pacific cod in the GOA. Any for Pacific cod are calculated by a business entity), the QS held by that vessel that NMFS has determined meets dividing the aggregate retained catch of person will be transferred to the legal either of the following two criteria is Pacific cod by vessels that are subject to successor-in-interest. However, the prohibited from directed fishing for sideboard directed fishing closures cooperative IFQs generated by that Pacific cod in the GOA: under paragraph (a)(1) of this section (i) Any vessel subject to GOA person’s QS holdings remain under the and that do not meet the criteria in groundfish sideboard closures under paragraphs (a)(2) or (a)(3) of this section control of the cooperative for the valid paragraph (a)(1)(i) of this section that and by the total retained catch of Pacific duration of the cooperative IFQ permit. landed less than 50 mt (110,231 lb) of cod from the GOA by all groundfish Each cooperative is free to establish its groundfish harvested from the GOA vessels between 1996 and 2000. own internal procedures for admitting a between January 1, 1996, and December (2) Groundfish other than Pacific cod. successor-in-interest during the fishing 31, 2000, and The sideboard ratios for groundfish season to reflect the transfer of QS due (ii) Any vessel named on an LLP species and species groups other than to the death of or dissolution of a QS license that was generated in whole or Pacific cod are calculated by dividing holder. These regulations do not require in part by the fishing history of a vessel the aggregate landed catch by vessels any cooperative to admit a meeting the criteria in paragraph subject to sideboard directed fishing successor-in-interest that the (a)(2)(i) of this section. closures under paragraph (a)(1) of this cooperative chooses not to admit. If a (3) Vessels exempt from Pacific cod section by the total landed catch of that cooperative chooses to admit the sideboard closures in the GOA. Any species by all groundfish vessels successor-in-interest for membership, vessel that NMFS has determined meets between 1996 and 2000. then the cooperative must comply with one or both of the following criteria is (e) Conversion of sideboard ratios into § 680.21(h)(3). exempt from sideboard directed fishing annual harvest limits. NMFS will § 680.22 Sideboard protections for GOA closures for Pacific cod in the GOA: convert sideboard ratios into annual groundfish fisheries. (i) Any vessel subject to GOA harvest limits according to the following groundfish closures under paragraph procedures. The regulations in this section restrict (a)(1)(i) of this section that landed less (1) Annual harvest limits. Annual the owners of vessels with a history of than 100,000 lb (45,359 kg) of Bering harvest limits for each groundfish participation in the Bering Sea snow Sea snow crab (C. opilio) and more than species will be established by crab (C. opilio) fishery from using the 500 mt (1,102,311 lb) of Pacific cod from multiplying the sideboard ratios increased flexibility provided by the CR the GOA between January 1, 1996, and calculated under paragraph (d) of this Program to expand their level of December 31, 2000; and section by the interim and final TACs in participation in GOA groundfish (ii) Any vessel named on an LLP each area for which a TAC is specified. fisheries. These restrictions, commonly license that was generated in whole or If a TAC is further apportioned by known as ‘‘sideboards,’’ limit directed in part by the fishing history of a vessel season, the sideboard harvest limit also fishing for GOA Pacific cod by such meeting the criteria in paragraph will be apportioned by season in the vessels to their aggregate historical (a)(3)(i) of this section. same ratio as the overall TAC. The levels and prohibit directed fishing in (b) Notification of affected vessel resulting harvest limits expressed in the GOA for all other groundfish species owners and LLP licence holders. After metric tons will be published in the except sablefish. NMFS determines which vessels and annual GOA groundfish harvest (a) Vessels and LLP licenses subject to LLP licenses meet the criteria described specification notices. sideboard restrictions. The sideboard in paragraph (a) of this section, NMFS (2) Sideboard directed fishing fishing restrictions described in this will inform each vessel owner and LLP allowance. If the Regional Administrator section are based on a vessel’s fishing license holder in writing of the type of determines that a harvest limit for a history and apply both to the fishing sideboard restriction and issue a revised species or species group has been or vessel itself and to any LLP license Federal fisheries permit and/or LLP will be reached, the Regional generated by that vessel’s fishing license that displays the restriction on Administrator may establish a sideboard history. The criteria used to determine the face of the permit or license. directed fishing allowance for the which vessels and LLP licenses are (c) Appeals. A vessel owner or LLP species or species group applicable only subject to GOA groundfish sideboard license holder who believes that NMFS to the group of crab vessels to which the fishing restrictions are as follows: has incorrectly identified his or her sideboard limit applies. (1) Vessels subject to GOA groundfish vessel or LLP license as meeting the (3) If the Regional Administrator sideboard directed fishing closures. Any criteria for a GOA groundfish sideboard determines that a harvest limit is vessel that NMFS has determined meets restriction may request reconsideration. insufficient to support a directed fishery one or both of the following criteria is All requests for reconsideration must be for that species or species group, then subject to GOA groundfish sideboard submitted in writing to the RAM the Regional Administrator may set the directed fishing closures issued under Division, Alaska Region, NMFS, sideboard directed fishing allowance at paragraph (e) of this section. together with any documentation or zero for that species or species group.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00090 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63289

(4) Directed fishing closures. Upon (ii) The vessel has crab pots or crab continued use by the NMFS authorized attainment of a sideboard directed pot hauling equipment, or a crab pot inspector at the time of the annual scale fishing allowance, the Regional launcher onboard; and inspection. Administrator will publish notification (iii) The vessel has received a Federal (v) Requirements for all scale tests. in the Federal Register prohibiting Crab Vessel Permit at any time during (A) Notify the observer at least 15 directed fishing for the species or the crab fishing year. minutes before the time that the test will species group in the specified subarea, (e) Scales approved by NMFS. To be be conducted, and conduct the test regulatory area, or district. A directed approved by NMFS, a scale used to while the observer is present. fishing closure effective for the duration weigh crab at sea must meet the type (B) Conduct the scale test and record of the fishing year or season. evaluation and initial inspection the following information on the at-sea requirements set forth in § 679.28(b)(1) scale test report form: § 680.23 Equipment and operational and (2). Once a scale is installed on a (1) Vessel name; requirements. vessel and approved by NMFS for use, (2) Month, day, and year of test; (a) Catcher Vessel requirements. A it must be reinspected annually as (3) Time test started to the nearest catcher vessel used to harvest CR crab described in § 679.28(b)(2) and must be minute; must: tested daily and meet the maximum (4) Known weight of test weights; (1) Carry and use a VMS as described permissible error (MPE) requirements (5) Weight of test weights recorded by in paragraph (d) of this section. described in paragraph (e)(1) of this scale; (2) Land all retained crab to an RCR section. (6) Percent error as determined by operating under an approved catch (1) At-sea scale tests. To verify that subtracting the known weight of the test monitoring plan as described in the scale meets the MPEs specified in weights from the weight recorded on the paragraph (g) of this section. this paragraph, the vessel operator must scale, dividing that amount by the (b) Catcher/Processor requirements. A test each scale or scale system used to known weight of the test weights, and catcher/processor used to harvest CR weigh CR crab one time during each multiplying by 100; and crab must: 24-hour period when use of the scale is (7) Sea conditions at the time of the (1) Carry and use a VMS as described required. The vessel owner must ensure scale test. in paragraph (d) of this section. that these tests are performed in an (C) Maintain the test report form on (2) Weigh all retained crab to be accurate and timely manner. board the vessel until the end of the processed on board, in its raw form, on (i) Belt scales. The MPE for the daily crab fishing year during which the tests a scale approved by NMFS as described at-sea scale tests is plus or minus 3 were conducted, and make the report in paragraph (e) of this section. percent of the known weight of the test forms available to observers, NMFS (3) Land all retained crab not material. The scale must be tested by personnel, or an authorized officer. In processed on board at an RCR. weighing at least 400 kg (882 lb) of crab addition, the vessel owner must retain (4) Land all product processed on or an alternative material supplied by the scale test report forms for 3 years board at a shoreside location in the the scale manufacturer on the scale after the end of the crab fishing year United States accessible by road or under test. The known weight of the test during which the tests were performed. regularly scheduled air service and material must be determined by All scale test report forms must be weigh that product on a scale approved weighing it on a platform scale signed by the vessel operator. by the State where the product is approved for use under § 679.28 (b)(7). (2) Scale maintenance. The vessel landed. (ii) Automatic hopper scales. An owner must ensure that the vessel (5) Provide an approved observer automatic hopper scale must be tested at operator maintains the scale in proper work area that meets the requirements its minimum and maximum capacity operating condition throughout its use, in paragraph (h) of this section. with approved test weights. Test that adjustments made to the scale are (c) RCR requirements. An RCR must: weights must be placed in the bottom of made so as to bring the performance (1) Ensure that all CR crab landings the hopper unless an alternative testing errors as close as practicable to a zero are weighed on a scale approved by the method is approved by NMFS. The MPE value, and that no adjustment is made State where the landing takes place. for the daily at-sea scale tests is plus or that will cause the scale to weigh (2) Ensure that all crab landing and minus 2 percent of the weight of the inaccurately. weighing be conducted as specified in approved test weights. (3) Printed reports from the scale. The an approved crab monitoring plan as (iii) Platform scales used for observer vessel owner must ensure that the described in paragraph (g) of this sampling. A platform scale used for printed reports are provided as required section, and that a copy of the crab observer sampling must be tested at 10, by this paragraph. Printed reports from monitoring plan is made available to 25, and 50 kg (or 20, 50, and 100 lb if the scale must be maintained on board NMFS personnel or authorized officer the scale is denominated in pounds) the vessel until the end of the year upon demand. using approved test weights. The MPE during which the reports were made (d) Vessel Monitoring System (VMS) for the daily at-sea scale test is plus or and be made available to NMFS or requirements—(1) General minus 0.5 percent if the scale is used to NMFS authorized personnel. In requirements. General VMS determine the known weight of test addition, the vessel owner must retain requirements concerning the approval material for the purpose of testing a belt printed reports for 3 years after the end and installation of VMS components scale. If the scale is not used for that of the year during which the printouts and the responsibilities of vessel owners purpose, the MPE for the daily at-sea were made. and operators are detailed at scale test is plus or minus 1 percent. (i) Reports of catch weight and § 679.28(f)(1) through (5). (iv) Approved test weights. Each test cumulative weight. Reports must be (2) VMS Transmission Requirements. weight must have its weight stamped on printed at least once every 24 hours A vessel’s transmitter must be or otherwise permanently affixed to it. prior to submitting a CR crab landing transmitting if: The weight of each test weight must be report as described in § 680.5. Reports (i) The vessel is operating in any annually certified by a National Institute must also be printed before any reporting area (see definitions at § 679.2) of Standards and Technology approved information stored in the scale off Alaska; and metrology laboratory or approved for computer memory is replaced. Scale

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00091 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63290 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

weights must not be adjusted by the allowed to observe the weighing of crab (A) Automatic hopper 0 to 150 kg (0 scale operator to account for the on the scale and be allowed to read the to 300 lb) capacity. perceived weight of water, mud, debris, scale display at all times. or other materials. Scale printouts must (3) Printed scale weights. (i) An RCR Certified Test Weights Other Test Material show: must ensure that printouts of the scale (A) The vessel name and Federal weight of each delivery or offload are (1) Minimum Minimum fisheries or processor permit number; made available to NMFS personnel or to weighment or 10 kg (20 lb), whichever is (B) The weight of each load in the NMFS authorized personnel, including greater weighing cycle (hopper scales only); observers, at the time printouts are (C) The date and time the information generated. An RCR must maintain (2) Maximum Maximum was printed; printouts on site until the end of the (D) The total amount weighed since fishing year during which the printouts (B) Automatic hopper > 150 kg (300 the last printout was made; and were made and make them available lb) capacity. (E) The total cumulative weight of all upon request by an authorized officer crab or other material weighed on the for 3 years after the end of the fishing Certified Test Weights Other Test Material scale. year during which the printout was (ii) Printed report from the audit trail. made. (1) Minimum Minimum The printed report must include the (ii) A scale used to weigh any portion weighment or 10 kg information specified in sections (20 lb), whichever is of a landing of CR crab or an offload of greater 2.3.1.8, 3.3.1.7, and 4.3.1.8 of appendix CR crab product must produce a printed A to 50 CFR 679. The printed report record for each landing, or portion of (2) 25 percent of Maximum must be provided to the authorized each landing, weighed on that scale. maximum of 150 kg scale inspector at each scale inspection The printed record must include: (300 lb), whichever is and must also be printed at any time (A) The RCR’s name; greater upon request of NMFS staff or other (B) The weight of each load in the NMFS-authorized personnel. weighing cycle; (C) Platform, flatbed or hanging scales (iii) Platform scales used for observer (C) The total weight of crab in each less than 150 kg (300 lb) capacity. sampling. A platform scale used for landing, or portion of the landing that observer sampling is not required to was weighed on that scale. Certified Test Weights Other Test Material produce a printed record unless that (D) The date and time the information (1) 10 kg (20 lb) Not Acceptable scale is also used to obtain raw weight is printed; and for a CR crab landing report. (E) The name and ADF&G vessel (2) Midpoint Not Acceptable (4) Scale installation requirements. registration number of the vessel making Unless otherwise approved by NMFS, a the delivery. The scale operator may (3) Maximum Not Acceptable scale used to obtain raw weight for a CR write this information on the scale crab landing report must be installed printout in pen at the time of landing. (D) Platform, flatbed or hanging scales such that: (4) Inseason scale testing. Scales used > 150 kg (300 lb) capacity. (i) From the location where the to weigh CR crab must be tested by RCR observer samples unsorted crab, the personnel when testing is requested by Certified Test Weights Other Test Material observer can ensure that all crab are NMFS-staff or by NMFS-authorized being weighed; personnel. (1) 10 kg (20 lb) Not Acceptable (ii) The scale may not be installed in (i) Inseason testing criteria. To pass an a manner that facilitates bypassing. It (2) 12.5 percent of 50 percent of max- inseason test, NMFS staff or maximum or 75 kg imum or 75 kg (150 must not be possible for the scale NMFS-authorized personnel will verify (150 lb), whichever is lb), whichever is inspector and an assistant to bypass the that the scale display and printed greater greater scale with 100 kg (220 lb) of test information are clear and easily read material in less than 20 seconds. under all conditions of normal (3) 25 percent of 75 percent of max- (f) Scales approved by the state. Scale operation, that weight values are visible maximum or 150 kg imum or 150 kg requirements in this paragraph are in on the display until the value is printed, (300 lb), whichever is (300 lb), whichever greater is greater addition to those requirements set forth and that the scale does not exceed the by the State in which the scale is maximum permissible errors specified (iii) Certified test weights. An RCR approved, and nothing in this paragraph in the following table: may be construed to reduce or must ensure that there are sufficient test supersede the authority of the State to Test Load in Scale Maximum Error in weights on-site to test each scale used regulate, test, or approve scales within Divisions Scale Divisions to weigh CR crab. Each test weight used the State. Scales used to weigh CR crab for inseason scale testing must have its that are also required to be approved by (A) 0-500 1 weight stamped on or otherwise permanently affixed to it. The weight of the State must meet the following (B) 501-2,000 2 requirements: each test weight must be certified by a (1) Verification of approval. The scale (C) 2,001-4,000 3 National Institute of Standards and must display a valid State sticker Technology approved metrology indicating that the scale was inspected (D) >4,000 4 laboratory every 2 years. and approved within the previous 12 (iv) Other test material. When months. (ii) Test weight requirements. Scales permitted in paragraph (f)(4)(ii) of this (2) Visibility. An RCR must ensure must be tested with the amount and section, a scale may be tested with test that the scale and scale display are type of weight specified for each scale material other than certified test visible simultaneously. NMFS type in the following tables under weights. personnel or NMFS authorized paragraphs (f)(4)(ii)(A) through (g) Crab Monitoring Plans (CMP). A personnel, including observers, must be (f)(4)(ii)(D) of this section: CMP is a plan submitted by an RCR for

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00092 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63291

each location or processing vessel where (iii) A complete description of the (A) Orienting new observers, NMFS the RCR wishes to take deliveries of CR proposed CMP change. staff and enforcement aides to the plant; crab. The CMP must detail how the RCR (5) CMP standards—(i) Crab sorting (B) Assisting in the resolution of will meet the catch monitoring and weighing requirements. All crab, observer concerns; and standards detailed in paragraph (g)(5) of including crab parts and crab that are (C) Informing NMFS if changes must this section. An RCR that processes only dead or otherwise unmarketable, be made to the CMP. CR crab harvested under a CPO or CPC delivered to the RCR must be sorted and (vii) Drawing to scale of delivery IFQ permit is not required to prepare a weighed by species. The CMP must location. The CMP must be CMP. detail how and where crab are sorted accompanied by a drawing to scale of (1) CMP Approval. NMFS will and weighed. the delivery location or vessel showing: approve a CMP if it meets all the (ii) Scales used for weighing crab. The (A) Where and how crab are removed performance standards specified in CMP must identify by serial number from the delivering vessel; paragraph (g)(5) of this section. The each scale used to weigh crab and (B) The observation area; location or vessel identified in the CMP describe the rationale for its use. (C) The location of each scale used to may be inspected by NMFS prior to (iii) Scale testing procedures. Scales weigh crab; and approval of the CMP to ensure that the identified in the CMP must be accurate (D) Each location where crab is sorted. location conforms to the elements within the limits specified in paragraph (viii) Single geographic location. All addressed in the CMP. If NMFS (f)(4)(i) of this section. For each scale offload and weighing locations detailed disapproves a CMP, the plant owner or identified in the CMP a testing plan in a CMP must be located on the same manager may resubmit a revised CMP or must be developed that: vessel or in the same geographic file an administrative appeal as set forth (A) Describes the procedure the plant location. If a CMP describes facilities for under the administrative appeals will use to test the scale; the offloading of vessels at more than procedures described in § 679.43. (B) Lists the test weights and one location, it must be possible to see (2) Inspection scheduling. The time equipment required to test the scale; both locations simultaneously. and place of a CMP inspection may be (C) Lists where the test weights and (h) Catcher/processor Observer Work arranged by submitting a written request equipment will be stored; and Areas. A crab catcher/processor must for an inspection to NMFS, Alaska (D) Lists the names of the personnel provide 2 observer work areas at any Region. An inspection must be responsible for conducting the scale time when the vessel is catching or requested no less than 10 working days testing. processing CR crab. All of the space and before the requested inspection date. (iv) Printed record. An RCR must equipment required for the work station NMFS staff will conduct CMP ensure that the scale produces a must be available to the observer at all inspections in any port located in the complete and accurate printed record of times while an observer work area is United States that can be reached by the weight of each species in a landing. required. A vessel required to provide regularly scheduled commercial air All of the crab in a delivery must be observer work areas must: service. The inspection request must weighed on a scale capable of producing (1) Provide an observer work area for include: a complete printed record as described sampling unsorted crab. The work area (i) Name and signature of the person in paragraph (e)(3) of this section. A must be no less than 6 square meters submitting the application and the date printed record of each landing must be and not less than 1 meter on each side. of the application; printed before the RCR submits a CR The work area must be located within (ii) Address, telephone number, crab landing report. 3 meters of where the vessel crew sort facsimile number, and e-mail address (if (v) Observation area. Each CMP must crab and must provide unobstructed available) of the person submitting the designate an observation area. The access to that crab. application; and observation area is a location designated (2) Provide an observer work area for (iii) A proposed CMP detailing how on the CMP where an individual may sampling retained crab. The work area the RCR will meet each of the standards monitor the offloading and weighing of must be no less than 1 meter on each in paragraph (g)(5) of this section. crab. The observation area must meet side. The work area must be located (3) Approval period. NMFS will the following standards: downstream from the scale used to approve a CMP for 1 year if it meets the (A) Access to the observation area. weigh total catch and upstream from the performance standards specified in The observation area must be freely area where crab are butchered. paragraph (e)(2) of this section. An accessible to observer, NMFS staff or (3) The observer work area for owner or manager must notify NMFS in enforcement aides at any time during sampling retained crab must be writing if changes are made in plant the effective period of the CMP. provided with a NMFS-approved operations or layout that do not conform (B) Monitoring the offloading and platform scale located within 5 meters to the CMP. weighing of crab. From the observation of the work area. Clear and unobstructed (4) Changing an approved CMP. An area, an individual must have an passage must be provided between the RCR may change an approved CMP by unobstructed view or otherwise be able scale and the observer work area. The submitting a CMP addendum to NMFS. to monitor the entire offload of crab scale must be accompanied by approved Depending on the nature and magnitude between the first location where crab are test weights sufficient to test the scale of the change requested, NMFS may removed from the boat and a location at 10, 25, and 50 kg (or 25, 50, and 100 require a CMP inspection as described where all sorting has taken place and lb if scale is denominated in lb). The in paragraph (g)(2) of this section. A each species has been weighed. scale may be used by vessel crew but CMP addendum must contain: (C) Other Requirements. The must be available to the observer at all (i) Name and signature of the person observation area must be sheltered from times. submitting the addendum; the weather and not exposed to (4) Both observer work areas must be (ii) Address, telephone number, unreasonable safety hazards. protected from extreme weather and facsimile number and e-mail address (if (vi) Plant liaison. The CMP must unreasonable safety hazards. available) of the person submitting the designate a plant liaison. The plant (5) Vessel crew may use the observer addendum; and liaison is responsible for: work areas, but the entire area must be

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00093 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63292 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

available to the observer whenever the from which that LLP is derived, unless this section based on legal landings of observer is working in the area. documentation is provided establishing crab that were harvested and processed (6) The vessel owner must prepare a otherwise. on the same vessel. CPO QS shall yield diagram, drawn to scale, showing the (ii) If more than one person is annual IFQ designated as CPO as location of both observer work areas. claiming legal landings or legal defined under paragraph (h)(4) of this The diagram must be retained on board processing activities during the same section. the vessel whenever the vessel is time at the same processing facility or (iv) Catcher/Processor Crew (CPC) QS harvesting or processing crab quota. onboard the same vessel, then each shall be initially issued to qualified person eligible to receive QS or PQS persons defined in paragraph (b)(3) of § 680.30 [Reserved] based on those legal landings or legal this section based on legal landings of Subpart C—Individual Fishing Quota processing activities will receive any QS crab that were harvested and processed Management Measures or PQS issued divided in equal on the same vessel. CPC QS shall yield proportion among all eligible recipients annual IFQ designated as CPC as § 680.40 Quota Share (QS), Processor QS for that time period unless the defined under paragraph (h)(5) of this (PQS), Individual Fishing Quota (IFQ), and applicants can provide written section. Individual Processor Quota (IPQ) Issuance. documentation establishing an (2) Regional Designations. (i) Regional (a) Crab QS and Crab QS Fisheries. (1) alternative means for distributing the designations apply to: With the exception of the WAI golden QS or PQS resulting from the activities (A) North QS if the legal landings that king crab fishery, the Regional during that time period. gave rise to the QS for a crab QS fishery Administrator shall annually apportion (b) QS Sectors and Regional were landed in the Bering Sea subarea 10 percent of the TAC specified by the Designations—(1) General. The Regional north of 56°20′ N. lat.; or State of Alaska for each of the fisheries Administrator shall initially assign to (B) South QS if the legal landings that described in Table 1 to this part to the qualified persons, crab QS that are gave rise to the QS for a crab QS fishery Western Alaska CDQ program. Ten specific to the crab QS fisheries defined were not landed in the North Region; percent of the TAC in the Western in paragraph (a)(1) of this section. The (1) CVO QS allocated to the WAI crab Aleutian Islands golden king crab crab QS amount issued will be based on QS fishery; and fishery will be allocated to the Adak legal landings made on vessels (2) CVC QS for the WAI crab QS community entity. The remaining TACs authorized to participate in those fishery prior to July 1, 2008. for the crab QS fisheries will be fisheries in four QS sectors: (C) West QS for a portion of the QS apportioned for use by qualified QS (i) Catcher Vessel Owner (CVO) QS allocated to the WAG crab QS fishery holders in each fishery. shall be initially issued to qualified subject to the provisions under (2) Crab harvested and retained in persons defined in paragraph (b)(3) of § 680.40(c)(4); each crab QS fishery may be harvested this section based on legal landings of (ii) Regional designations do not and retained only by persons holding unprocessed crab. CVO QS shall yield apply (Undesignated QS) to: the appropriate crab IFQ for that crab annual IFQ designated as defined under (A) Crab QS for the BST crab QS QS fishery. paragraph (h)(2) of this section. fishery; (3) Official Crab Rationalization (ii) Catcher Vessel Crew (CVC) QS (B) Crab QS for that portion of the Record. The official crab rationalization shall be initially issued to qualified WAG QS fishery not regionally record will be used to determine the persons defined in paragraph (b)(3) of designated for the West region; amount of QS that is to be allocated for this section based on legal landings of (C) CVC QS prior to July 1, 2008; each crab QS fishery. The official crab unprocessed crab. CVC QS shall yield (D) CPO QS unless that QS is rationalization record is presumed to be annual IFQ designated as CVC as transferred to the CVO QS sector, in correct. An applicant for QS has the defined under paragraph (h)(3) of this which case the regional designation is burden to prove otherwise. For the section. After July 1, 2008, CVC QS shall made by the recipient of the resulting purposes of creating the official crab yield an annual IFQ of CVC Class A or CVO QS at the time of transfer; and rationalization record the Regional CVC Class B as defined under paragraph (E) CPC QS. Administrator will presume the (h)(2) of this section. (iii) The specific regional designations following: (iii) Catcher/Processor Owner (CPO) that apply to each of the crab QS (i) An LLP license is presumed to QS shall be initially issued to qualified fisheries are specified in the following have been used onboard the same vessel persons defined in paragraph (b)(3) of table:

Crab QS Fishery North Region South Region West Region Undesignated Region

(A) EAG X X

(B) WAG XX

(C) BST X

(D) BSS X X

(E) BBR X X

(F) PIK X X

(G) SMB X X

(H) WAI X

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00094 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63293

(3) Qualified person means, for the conducted under the Western Alaska qualified person shall be calculated by purposes of QS issuance, a person, as CDQ program. the Regional Administrator as follows: defined in § 679.2, who at the time of (B) Landings made onboard a vessel (A) Sum legal landings for each application for QS meets the following that gave rise to a crab LLP licence or qualifying year, as described in Column criteria for each of the QS sectors: made under the authority of an LLP B of Table 7 to this part, and divide that (i) CVO QS. Holds one or more license are non-severable from the crab amount by the AHD for that year as permanent, fully transferable crab LLP LLP license until QS has been issued for follows: × licenses and is a citizen of the United those legal landings. (è legal landingslf / AHDf) 100 = States; (C) Landings may only be used once Percentage of the AHDlf (B) In those fisheries where only a (ii) CPO QS. (A) Holds one or more for each QS sector for the purposes of subset of the qualifying years are permanent, fully transferable crab LLP allocating QS. applied, the Regional Administrator will licenses with a Catcher/Processor (D) Landings made from vessels use the years that yield the highest designation and is a citizen of the which are used for purposes of receiving percentages of each AHD as calculated United States; compensation through the BSAI Crab Capacity Reduction Program may not be in paragraph (c)(2)(iv)(A) of this section. (B) Harvested and processed at sea (C) Sum the highest percentages of the any crab species in any BSAI crab used for the allocation of CVO QS or CPO QS. AHD’s for that license as calculated fishery during the years 1998 or 1999. under paragraph (c)(2)(iv)(B) of this (iii) CVC QS and CPC QS. (A) Is an (E) Legal landings for purposes of allocating QS for a crab QS fishery only section and divide by the number in individual who is a citizen of the United Column E of Table 7 to this part (Subset States, or his or her successor-in-interest include those landings that resulted in the issuance of an LLP license endorsed of Qualifying Years). This yields the if that individual is deceased; Average Percentage as presented in the (B) Has historical participation in the for that crab QS fishery, or landings that were made in that crab QS fishery under following equation: fishery demonstrated by being the è Percentages of the AHD / Subset of the authority of an LLP license endorsed lf individual named on a State of Alaska Qualifying Yearsf = Average Percentagelf Interim Use Permit who made at least for that crab QS fishery. (D) Divide the Average percentage in one legal landing per year for any 3 (iii) Documentation. Evidence of legal paragraph (c)(2)(iv)(C) of this section for qualifying years under that permit based landings shall be limited to State of a license and fishery by the Sum of all on data from fish tickets maintained by Alaska fish tickets. Average Percentages for all licenses for (c) Calculation of QS allocation—(1) the State of Alaska. The qualifying years that fishery as presented in the General. (i) For each permanent, fully are described in Column C of Table 7 to following equation: transferable crab LLP license under this part. Average Percentagelf / è Average which an applicant applies, CVO and (C) Has recent participation in the Percentagesf = Percentage of the Total CPO QS will be based on legal landings Percentageslf fishery demonstrated by being the that resulted in the issuance of that (E) Multiply the Percentage of the individual named on a State of Alaska license or from legal landings that were Total Percentages in paragraph Interim Use Permit who made at least made under the authority of that (c)(2)(iv)(E) of this section by the Initial one legal landing under that permit in license. QS Pool as described in Table 8 to this any 2 of 3 seasons based on data from (ii) For each State of Alaska Interim part. This yields the unadjusted number fish tickets maintained by the State of Use Permit under which an applicant of QS units derived from a license for Alaska. Those seasons are defined in applies for CVC QS or CPC QS, the a fishery. Column D of Table 7 to this part; except initial allocation of QS will be based on (F) Multiply the unadjusted number that the requirement for recent the legal landings that were made under of QS units in paragraph (c)(2)(iv)(E) of participation does not apply to be a the authority of that permit. this section by 97 percent. This yields qualified individual to receive QS if: (2) Computation for Initial Issuance of the number of QS units to be allocated. (1) The legal landings that qualify the QS. (i) Based on the official crab (G) Determine the percentage of legal individual for QS in the PIK crab QS rationalization record the Regional landings in the subset of qualifying fishery were made from a vessel that is Administrator shall derive the annual years associated with a LLP license with less than 60 feet length overall; or harvest denominator (AHD) that a catcher/processor designation that (2) If the individual who is otherwise represents the amount of legally landed were processed on that vessel and eligible to receive an initial issuance of crab in each crab QS fishery in each multiply the amount calculated in QS died while working as part of a qualifying year as established in column paragraph (c)(2)(iv)(F) of this section by harvesting crew in any U.S. commercial B of Table 7 to this part. this percentage. This yields the amount fishery. (ii) The initial QS pool is described in of CPO QS to be allocated. (4) Qualification for Initial Allocation Table 8 to this part. (H) Determine the percentage of legal of QS—(i) Qualifying Year. The (iii) A person’s initial allocation of QS landings in the subset of qualifying qualifying years for each crab QS fishery shall be based on a percentage of the years associated with a LLP license that are described in Column B of Table 7 to legal landings for the applicable sector were not processed on that vessel and this part. in each crab QS fishery: multiply the amount calculated in (ii) Legal landing of crab means, for (A) Associated with crab LLP licenses paragraph (c)(2)(iv)(F) of this section by the purpose of initial allocation of QS, held by the applicant for CVO or CPO this percentage. This yields the amount crab harvested during the qualifying QS; or of CVO QS to be allocated. years specified in Column B of Table 7 (B) Authorized under a State of (I) Determine the percentage of legal to this part and landed in compliance Alaska Interim Use Permit held by the landings associated with an LLP license with state and Federal permitting, applicant for CVC or CPC QS. in the subset of qualifying years that landing, and reporting regulations in (iv) As shown in the formulas under were delivered in each region as defined effect at the time of the landing. this paragraph (c)(2)(iv), the allocation in § 680.40(b)(2). The amount calculated (A) Legal landings exclude any of CVO and CPO QS for each crab QS in paragraph (c)(2)(iv)(H) of this section deadloss, fishing conducted under a fishery ‘‘f’’ based on each fully is multiplied by the percentage for each scientific activity permit, or the fishery transferable LLP license ‘‘l’’ held by a region.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00095 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63294 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(J) The percentage calculated in paragraph (c)(2)(v)(F) of this section by (vii) Interim LLP license history paragraph (c)(2)(iv)(I) of this section this percentage. This yields the amount exemption. An applicant for CVO or may be adjusted according to the of CVC QS to be allocated. CPO QS who: provisions at paragraphs (c)(3) and (c)(4) (I) Determine the percentage of legal (A) Deployed a vessel in a crab QS of this section. landings associated with a permit in the fishery under the authority of an interim (v) As shown in the formulas under subset of qualifying years that were LLP license; this paragraph (c)(2)(v), the allocation of delivered in each region as defined in (B) Transferred a permanent fully CVC and CPC QS for each crab QS paragraph (b)(2) of this section. The transferable LLP license for use in that fishery ‘‘f’’ based on each State of amount calculated in paragraph crab QS fishery to insure that the vessel Alaska Interim Use Permit ‘‘i’’ held by (c)(2)(v)(H) of this section is multiplied would remain authorized to participate each qualified person shall be by the percentage for each region. in the fishery following the invalidation calculated by the Regional (J) The percentage calculated in of the interim LLP license; and Administrator as follows: paragraph (c)(2)(v)(I) of this section may (C) Received that permanent fully (A) Sum legal landings for each be adjusted according to the provisions transferable LLP license by transfer qualifying year as described in Column at paragraphs (c)(3) and (c)(4) of this before January 1, 2002, may choose to C of Table 7 to this part and divide that section. The amount calculated in use as the legal landings which are the amount by the AHD for that year using paragraph (c)(2)(v)(H) of this section is basis for QS allocation on his or her the following equation: multiplied by the percentage for each Application for Crab QS or PQS either: × region. These regional QS designations (è legal landingsif / AHDf) 100 = (D) The legal landings made on that Percentage of the AHDif do not apply in the CVC QS sector until vessel that gave rise to the interim crab (B) In those fisheries where only a July 1, 2008. LLP license for that crab QS fishery (vi) Sunken vessel provisions. (A) If a subset of the qualifying years are prior to the transfer of the permanent person applies for CVO QS or CPO QS applied, the Regional Administrator will fully transferable LLP license for use on based, in whole or in part, on the use the years that yield the highest that vessel; or activities of a vessel that sank, the percentages of the AHD as calculated in (E) The legal landings made on the Regional Administrator shall presume paragraph (c)(2)(v)(A) of this section. vessel that gave rise to the permanent landings for that vessel for the crab (C) Sum the highest percentages of the fully transferable LLP license and the fishing years between the time of vessel AHDs for that license calculated under legal landings made under the authority loss and the replacement of the vessel paragraph (c)(2)(v)(B) of this section and of that same LLP license in that crab QS under § 679.40(k)(5)(v). These presumed divide by the number in Column E of fishery prior to January 1, 2002. landings shall be equivalent to 50 Table 7 to this part (Subset of Qualifying (3) Adjustment of CVO and CVC QS percent of the average legal landings for Years). This yields the Average allocation for North and South regional the qualifying years established in Percentage as presented in the following designation. The Regional Column B of Table 7 to this part equation: Administrator may adjust the regional è unaffected by the sinking. If the vessel Percentages of the THDlf / Subset of designation of QS to ensure that it is Qualifying Yearsf = Average Percentageif sank during a qualifying year, the legal initially allocated in the same (D) Divide the Average Percentage in landings for that year will not be used proportion as the regional designation of paragraph (c)(2)(v)(C) of this section for as the basis for presumed landings; a permit and fishery by the Sum of all (B) If a person applies for CVO QS or PQS for that crab QS fishery. A person Average Percentages for all permits for CPO QS based, in whole or in part, on (p) who would receive QS based on the that fishery as presented in the the activities of a vessel that sank and: legal landings in only one region, will following equation: (1) The person who owned the vessel receive QS with only that regional designation. A person who would Average Percentageif / è Average that sank would have been denied receive QS with more than one regional Percentagesf = Percentage of the Total eligibility to replace a sunken vessel Percentagesif under the provisions of Public Law designation for that crab QS fishery (E) Multiply the Percentage of the 106-554; and would have his or her QS holdings Total Percentages in paragraph (2) The vessel that sank was replaced regionally adjusted on a pro rata basis (c)(2)(v)(E) of this section by the Initial with a newly constructed vessel, with as follows: QS Pool as described in Table 8 to this that vessel under construction no later (i) Determine the ratio of the Initial part. This yields the unadjusted number than June 10, 2002. For purposes of this PQS pool in the North and South of QS units derived from a permit for a section a vessel is considered under regions. fishery. construction once the keel for that (ii) Multiply the Initial QS pool by the (F) Multiply the unadjusted number vessel has been laid; and ratio of North and South PQS. This will of QS units in paragraph (c)(2)(v)(E) of (3) The newly constructed vessel yield the target North QS pool and the this section by 3 percent. This yields the participated in any Bering Sea crab target South QS pool. number of QS units to be allocated. fishery no later than October 31, 2002; (iii) Sum the QS for all persons who (G) Determine the percentage of legal (4) Then the Regional Administrator are eligible to receive North QS. This is landings in the subset of qualifying shall presume landings for that vessel the unadjusted North QS pool. years associated with a permit that were for the crab fishing years between the (iv) Repeat the procedure in processed on that vessel and multiply time of vessel loss and the replacement paragraph (c)(3)(iii) of this section for the amount calculated in paragraph of the vessel. These presumed landings the South Region. This is the unadjusted (c)(2)(v)(F) of this section by this shall be equivalent to 50 percent of the South QS pool. percentage. This yields the amount of average legal landings for the qualifying (v) To calculate the amount of North CPC QS to be allocated. years established in Column B of Table QS available to all persons holding both (H) Determine the percentage of legal 7 to this part unaffected by the sinking. North and South region QS, subtract the landings in the subset of qualifying If the vessel sank during a qualifying amount of QS for persons receiving years associated with a permit that were year, the legal landings for that year will North QS only from the unadjusted not processed on that vessel and not be used as the basis for presumed North QS pool as presented in the multiply the amount calculated in landings. following equation:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00096 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63295

Unadj. North QS - North QS only = North (ii) The Undesignated QS pool is Administrator shall initially assign to QS for [North & South] QS holders. equal to 50 percent of the initial QS qualified persons defined in paragraph (vi) To calculate the amount of South pool. (d)(3) of this section crab PQS specific QS available to all persons holding both (iii) Sum the QS for all persons who to crab QS fisheries defined in North and South region QS, subtract the are eligible to receive West QS. This is paragraph (a)(1) of this section. The crab amount of QS for persons receiving the unadjusted West QS pool. PQS amount issued will be based on South QS only from the unadjusted (iv) Repeat the procedure in total legal processing of crab made in South QS pool as presented in the paragraph (c)(4)(iii) of this section for those crab QS fisheries. PQS shall yield following equation: the Undesignated Region. This is the annual IPQ as defined under paragraph Unadj. South QS - South QS only = South unadjusted Undesignated QS pool. (j) of this section. QS for [North & South] QS holders. (v) To calculate the amount of West (2) Regional Designations. For each (vii) Subtract the Unadjusted North QS available to all persons holding both crab QS fishery, PQS shall be initially QS pool from the Target North QS pool West and Undesignated region QS, regionally designated based on the legal to calculate the number of QS units that subtract the amount of QS for persons processing that gave rise to the PQS as will be applied to the North QS pool to receiving West QS only from the follows: adjust the regional designations. This unadjusted West QS pool as presented (i) North PQS if the processing that amount is the Adjustment Amount as in the following equation: gave rise to the PQS for a crab QS presented in the following equation: Unadj. West QS - West QS only = West QS fishery occurred in the Bering Sea Unadj. North QS - Target North QS pool = for [West & Undesignated] QS holders subarea north of 56°20′ N. lat.; or Adjustment Amount (vi) To calculate the amount of (ii) South PQS if the processing that (viii) Divide the Adjustment Amount Undesignated QS available to all gave rise the PQS for a crab QS fishery by the unadjusted North QS pool for persons holding both West and did not occur in the North Region, and North and South QS holders. This Undesignated region QS, subtract the PQS allocated to the WAI crab QS yields the regional adjustment factor amount of QS for persons receiving fishery; or (RAF) for each person as presented in Undesignated QS only from the (iii) West PQS for a portion of the PQS the following equation: unadjusted Undesignated QS pool as allocated to the WAG crab QS fishery Adj. Amount / unadjusted North QS pool presented in the following equation: subject to the provisions under for [North & South] QS holders = RAF Unadj. Undesignated QS - Undesignated paragraph (e)(2) of this section; or (ix) For each person who holds both QS only = Undesignated QS for [West (iv) Regional designations do not &Undesignated] QS holders North and South Region QS, the QS apply (Undesignated) to: adjustment (QS Adj. (p) to that person’s (vii) Subtract the Unadjusted West QS pool from the Target West QS pool to (A) That portion of the WAG crab QS Unadjusted North QS is expressed in fishery that is not regionally designated the following equation as: calculate the number of QS units that × will be applied to the West QS pool to as West Region PQS; and QS adj. p = Unadjusted North QS p RAF (B) The BST crab QS fishery. adjust the regional designations. This (x) If the QS adjustment for person (p) (v) The specific regional designations amount is the Adjustment Amount as is negative, the QS adjustment for that that apply to PQS in each of the crab QS person is subtracted from that person’s presented in the following equation: Unadj. West QS - Target West QS pool = fisheries are described in paragraph unadjusted North QS amount and added (b)(2)(iii) of this section. to that person’s unadjusted South QS. If Adjustment Amount (viii) Divide the Adjustment Amount (3) Qualified person, for the purposes the QS adjustment for person (p) is of PQS issuance, means a person, as positive, the QS adjustment for that by the unadjusted West QS pool for West and Undesignated QS holders. defined at § 679.2, who at the time of person is added to that person’s application for PQS is a U.S. citizen, or unadjusted North QS amount and This yields the regional adjustment factor (RAF) for each person as a U.S. corporation, partnership, subtracted from that person’s association, or other entity, and who: unadjusted South QS. These presented in the following equation: Adj. Factor / unadjusted West QS pool for (i) Legally processed any crab QS adjustments will yield the regional West & Undesignated QS holders = RAF species established in paragraph (a)(1) adjustment QS amounts for that person. (ix) For each person who holds both of this section during 1998 or 1999 as (4) Regional designation of Western unadjusted West and Undesignated demonstrated on the official crab Aleutian Islands golden king crab. Fifty Region QS, the QS adjustment (QS Adj. rationalization record; or percent of the CVO and CVC QS that is p) to that person’s Unadjusted West QS (ii) Did not legally process any crab issued in the WAG crab QS fishery will is expressed in the following equation QS species during 1998 or 1999 be initially issued with a West regional as: according to the official crab designation. The West regional QS adj. p = Unadjusted West QS p × RAF rationalization record, but who: designation applies to QS for delivery (x) If the QS adjustment for person (p) (A) Processed BSS crab QS species in West of 174° N. longitude. The is negative, the QS adjustment for that each crab season for that fishery during remaining 50 percent of the CVO and person is added to that person’s the period from 1988 through 1997; and CVC QS initially issued for this fishery unadjusted West QS amount and (B) From January 1, 1996, through is not subject to regional designation subtracted from that person’s June 10, 2002, invested in a processing (Undesignated QS). A person (p) who unadjusted Undesignated QS. If the QS facility, processing equipment, or a would receive QS based on the legal adjustment for person (p) is negative, vessel for use in processing operations, landings in only one region, will receive the QS adjustment for that person is including any improvements made to QS with only that regional designation. subtracted from that person’s existing facilities with a total A person who would receive QS with unadjusted West QS amount and added expenditure in excess of $1,000,000; or more than one regional designation for to that person’s unadjusted (C) Is the person to whom the history that crab QS fishery would have his or Undesignated QS. These adjustments of legal processing of crab has been her QS holdings regionally adjusted on will yield the regional adjustment QS transferred by the express terms of a a pro rata basis as follows: amounts for that person. written contract that clearly and (i) The West QS pool is equal to 50 (d) Crab PQS and Crab PQS unambiguously provides that such legal percent of the initial QS pool. Fisheries—(1) General. The Regional processing of crab has been transferred.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00097 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63296 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

This provision would apply only if that (A) NMFS may use information from in paragraphs (d)(2) and (e)(2) of this applicant for PQS: a State of Alaska Commercial Operators section. (1) Legally processed any crab QS Annual Report, State of Alaska fishery (2) Regional designation of Western species established in § 680.40(a)(1) tax records, or evidence of direct Aleutian Islands golden king crab. (i) during 1998 or 1999, as demonstrated payment from a receiver of crab to a Fifty percent of the PQS that is issued on the official crab rationalization harvester if that information indicates in the WAG crab QS fishery will be record; or that the receiver of crab differs from the issued with a West regional designation. (2) Received history of crab receiver indicated on State of Alaska The West regional designation applies processing that was legally processed fish ticket records; however: to PQS for processing west of 174° N. during 1998 or 1999, as demonstrated (B) Information on State of Alaska fish long. The remaining 50 percent of the on the official crab rationalization tickets shall be presumed to be correct PQS issued for this fishery is record. for the purpose of determining evidence undesignated region PQS. (iii) Qualified persons, or their of legal processing of crab. An applicant (ii) If a person owns a crab processing successors-in-interest, must exist at the will have the burden of proving the facility that is located in the West region time of application for PQS; validity of information submitted in an at the time of application, that person (iv) A former partner of a dissolved application that is inconsistent with the will receive West PQS only. If a person partnership or a former shareholder of a information on the State of Alaska fish applies to receive PQS and does not dissolved corporation who would ticket. Except that NMFS may use own a crab processing facility located in otherwise qualify as a person may apply information from a State of Alaska the West region at the time of for PQS in proportion to his or her Commercial Operators Annual Report, application, then that person will ownership interest in the dissolved State of Alaska fishery tax records, or receive West region and Undesignated partnership or corporation; documentation of direct payment from a Region PQS. Expressed algebraically, for (v) Evidence of ownership interest in receive of crab to a harvester if that any person (p) allocated both West a dissolved partnership or corporation, information indicated that the receiver region PQS and undesignated region of crab differs from the receiver PQS the formula is as follows: association, or other entity shall be × limited to corporate documents (e.g., indicated on State of Alaska fish ticket (A) PQSWest = PQS 0.50 (B) PQS = PQS × 0.50 articles of incorporation) or notarized records. Und. (e) Calculation of PQS allocation—(1) (C) PQSWest for PQSWest & Und. holders = statements signed by each former ¥ Computation for Initial Issuance of PQS. PQSWest PQSWest only partner, shareholder or director, and (D) PQSWest for Personp = PQSp × PQSWest specifying their proportions of interest; (i) The Regional Administrator shall for PQS holders/(PQS for establish the Total Processing West & Und. West and PQSWest & Und. holders + PQSUnd) Denominator (TPD) which represents × (vi) A person who has acquired a (E) PQSUnd. for Personp = PQSp PQSUnd./ processing corporation, partnership, or the amount of legally processed raw (PQSUnd. for PQSWest & Und. holders + PQSUnd.) other entity that has a history of legal crab pounds in each crab QS fishery in (iii) For purposes of the allocation of processing of crab is presumed to have each qualifying year. PQS in the WAG crab fishery: received by transfer all of that history of (ii) For each crab QS fishery, the (A) Ownership of a processing facility legal processing of crab unless a clear percentage of the initial PQS pool that is defined as: will be distributed to each qualified (1) A sole proprietor; or and unambiguous contract establishes (2) A relationship between two or otherwise. person shall be based on their percentage of the TPD according to the more entities in which a person directly (4) Qualification for Initial Allocation following procedure. or indirectly owns a 10 percent or of PQS—(i) Year. The qualifying years (A) Sum the raw crab pounds greater interest in another, or a third for each crab QS fishery are designated processed for each person. entity directly or indirectly owns a 10 in Table 9 to this part. (B) Divide the sum calculated in percent or greater interest in both. (ii) Ownership interest. Evidence of paragraph (e)(1)(ii)(A) of this section by (B) A processing facility is a shoreside ownership interest in a dissolved the TPD. Multiply by 100. This yields a crab processor or a stationary floating partnership or corporation, association, person’s percentage of the TPD. crab processor. or other entity shall be limited to (C) Sum the TPD percentages of all (f) Application process—(1) General. corporate documents (e.g., articles of persons. The Regional Administrator will issue incorporation) or notarized statements (D) Divide the percentage for a person QS and/or PQS to an applicant if an signed by each former partner, calculated in paragraph (e)(1)(ii)(B) of Application for Crab QS or PQS is shareholder or director, and specifying this section by the sum calculated in completed and is submitted by or on their proportions of interest. paragraph (e)(1)(ii)(C) of this section for behalf of the applicant during the (iii) Legal Processing of crab means, all persons. This yields the average specified application period, and if the for the purpose of initial allocation of percentage of the TPD for a person. applicant meets all criteria for eligibility PQS, raw crab pounds processed in the (E) Multiply the amount calculated in and allocation as specified at paragraphs crab QS fisheries designated under paragraph (e)(1)(ii)(D) of this section by (b)(3) and (d)(3) of this section. paragraph (a)(1) of this section in the PQS pool for that crab QS fishery as (i) The Regional Administrator will compliance with state and Federal that amount is defined in Table 8 to this send application materials to the person permitting, landing, and reporting part. identified by NMFS as an eligible regulations in effect at the time of the (F) Determine the percentages of applicant based on the official crab landing. Legal processing excludes any legally processed crab that were rationalization record. An application deadloss, fishing conducted under a processed in each region. The form may also be obtained from the scientific activity permit, or fishing percentages calculated in paragraph Internet or requested from the Regional conducted under the Western Alaska (e)(1)(ii)(E) of this section are multiplied Administrator. CDQ program. by the amount determined within each (ii) An Application for Crab QS or (iv) Documentation. Evidence of legal regional designation. Regional PQS may be submitted by mail, P.O. processing shall be limited to State of designations will apply to that PQS Box 21668, Juneau, AK 99802, facsimile, Alaska fish tickets, except that: according to the provisions established 907-586-7557, or hand delivery to the

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00098 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63297

National Marine Fisheries Service, 709 remaining in a crab QS fishery. If YES, processed through which applicant is West 9th Street, Room 420A, Juneau, include LLP crab license number, claiming eligibility for BSAI crab PQS: AK. ADF&G vessel registration number, (1) Facility name and ADF&G (iii) An application that is USCG documentation number, and processor code; postmarked, faxed, or hand delivered name of vessel. (2) Qualifying years or seasons by after the ending date for the application (C) Indicate (YES or NO) whether QS fishery; period for the Crab QS Program is being claimed for a vessel that was (C) If answer to paragraph (f)(2)(vi)(A) specified in the Federal Register will be lost or destroyed. If YES, include the of this section is NO, indicate (YES or denied. vessel name, ADF&G registration NO) whether applicant is claiming (2) Contents of application. A number, USCG documentation number eligibility under hardship provisions; complete Application for Crab QS or of the lost or destroyed vessel, and the (D) If answer to paragraph (f)(2)(vi)(C) PQS must be signed by the applicant, or date the vessel was destroyed or lost; is YES, both of the following provisions the individual representing the (D) Indicate (YES or NO) whether the must apply to a processor to obtain applicant, and include the following, as lost or destroyed vessel described in hardship provisions; attach applicable: paragraph (f)(2)(iv)(C) of this section documentation of both to the (i) Type of QS or PQS for which the was replaced with a newly constructed application: person is applying. vessel. If YES, include the vessel name, (1) Processed QS crab in 1998 or 1999, (A) If applying for CVO QS or CPO ADF&G vessel registration number, or processed BSS crab between 1988 QS, answer questions (f)(2)(ii) through USCG documentation number of the and 1997; and (f)(2)(iv) of this section; replacement vessel, date of vessel (2) Invested a total expenditure of (B) If applying for CVC QS or CPC QS, construction, date of entry into the $1,000,000 for any processing facility, answer questions (f)(2)(ii), (f)(2)(iii) and fishery, and provide documentation of processing equipment, or a vessel for (f)(2)(v) of this section; participation by October 31, 2002 by the use in processing operations, including (C) If applying for PQS, answer new vessel in a Bering Sea crab fishery; any improvements made to existing questions (f)(2)(ii), (f)(2)(iii) and (E) Indicate (YES or NO) whether facilities made from 1996 to 2002; (f)(2)(vi) of this section. applying for CPO QS. If YES, attach (E) Indicate (YES or NO) whether (ii) Applicant information. documentation of processing crab applicant has entered into a Community (A) The name, permanent business onboard a vessel authorized by an LLP Right of First Refusal (ROFR) contract, mailing address, business telephone, crab license in 1998 or 1999, including pertaining to the transfer of any PQS business facsimile, business e-mail of harvest area, date of landing, and crab and/or IPQ issued as a result of this the applicant; species; (B) NMFS Person ID (if applicable); application, with a community. If YES, (C) Tax ID/social security number (v) CVC or CPC QS. attach to the application the following: (SSN); (A) Indicate (YES or NO) whether (1) Copy of signed contract for (D) Indicate (YES or NO) whether applicant has at least one landing in community ROFR consistent with applicant is a U.S. citizen; if YES, his or three of the qualifying years for each paragraph (f)(3) of this section; her date of birth; crab species for which applying for QS (2) Contract that the legal processing (E ) Indicate (YES or NO) whether (see Table 7 to this part). history and rights to apply for and applicant is a U.S. corporation, (B) Indicate (YES or NO) whether receive PQS based on that legal association, or other business entity; if applicant is a recent participant in a processing history have been transferred YES, the date of incorporation; crab QS fishery. Recent participation is or retained; and (F) Indicate (YES or NO) whether defined in Table 7 to this part. (3) Any other information deemed applicant is deceased; if YES, date of (C) In answer to paragraph (f)(2)(v)(B) necessary by the Regional death. A copy of the death certificate of this section in YES, enter State of Administrator. must be attached to the application; Alaska Interim Use Permit number, (F) If applicant is applying to receive (G) Indicate (YES or NO) whether name, ADF&G vessel registration WAG PQS, indicate (YES or NO) applicant described in paragraph number, USCG documentation number whether applicant owns a crab (f)(2)(ii)(E) of this section is no longer in of vessel on which harvesting occurred; processing facility in the West region existence; if YES, date of dissolution. qualifying years or seasons fished by QS (see paraggraph (b)(2)(iii) of this Valid evidence of dissolution must be fishery, and the dates during which section); attached to the application; those permits were used on that vessel; (vii) Applicant signature and (iii) Type of crab QS; (D) Indicate (YES or NO) whether a certification. Printed name and (iv) CVO or CPO QS; person is applying as the signature of applicant and date signed. (A) For vessels whose catch histories successor-in-interest to an eligible If the application is completed by an are being claimed for purpose of the applicant. If YES, attach to the authorized representative, then a proof crab QS program: include name of the application documentation proving the of authorization must accompany the vessel, ADF&G vessel registration person’s status as a successor-in-interest application. number, USCG documentation number, to and valid evidence of the death of (3) Contract provisions for community moratorium crab permit number(s) or that eligible applicant; right of first refusal (ROFR) in crab LLP license number(s) held by the (vi) Processor QS. Application for Crab QS or PQS. (i) To applicant and used on that vessel, (A) Indicate (YES or NO) whether be complete, an Application for Crab QS qualifying years or seasons fished, and applicant processed any of the crab or PQS from a person based on legal dates during which those permits were species included in the Crab QS processing that occurred in an ECC must used on that vessel; program (see Table 1 to this part) in also include a contract for ROFR that (B) Indicate (YES or NO) whether 1998 or 1999. includes the terms listed in paragraph applicant purchased an LLP crab license (B) If answer to paragraph (f)(2)(vi)(A) (m) of this section and is signed by the and vessel identification if a person of this section is YES, enter the applicant for initial allocation of PQS purchased an LLP crab license prior to following information for each and the ECC entity designated under January 1, 2002, for purposes of processing facility where QS crab were § 680.41(j)(2).

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00099 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63298 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(ii) To be complete, an Application for information in the official crab receive crab QS or PQS until after the Crab QS or PQS from a person based on rationalization record. final resolution of that appeal in the legal processing that occurred in the (6) 30-day evidentiary period. The applicant’s favor. Gulf of Alaska north of a line at 56°20′ Regional Administrator will specify by (g) Annual allocation of IFQ. IFQ is N. lat. must also include a contract for letter a single 30-day evidentiary period assigned based on the underlying QS. ROFR that includes the terms listed in during which an applicant may provide The Regional Administrator shall assign paragraph (m) of this section and is additional information or evidence to crab IFQs to each person who holds QS signed by the applicant for initial support the claims made in his or her and submits a complete Annual allocation of PQS and the ECC entity application, or to submit a revised Application for Crab IFQ/IPQ Permit as designated by the by the City of Kodiak application with claims consistent with described under § 680.4. IFQ will be and Kodiak Island Borough under information in the official crab assigned to a crab QS fishery with the § 680.41(j)(2). rationalization record, if the Regional appropriate regional designation, QS (4) Application evaluation. The Administrator determines that the sector, and IFQ class. This amount will Regional Administrator will evaluate applicant did not meet the burden of represent the maximum amount of crab Applications for Crab QS and PQS proving that the information on the that may be harvested from the specified submitted during the specified application is correct through evidence crab QS fishery by the person to whom application period and compare all provided with the application. Also, an it is assigned during the specified crab claims in the application with the applicant who fails to submit fishing year, unless the IFQ assignment information in the official crab information as specified in paragraphs is changed by the Regional rationalization record. Claims in the (b)(3)(iii) and (b)(3)(iv) of this section Administrator because of an approved application that are consistent with will have 30 days to provide that transfer, unless revoked, suspended, or information in the official crab information. An applicant will be modified under 15 CFR part 904. rationalization record will be accepted limited to one 30-day evidentiary period (h) Calculation of annual IFQ by the Regional Administrator. per application. Additional information allocation—(1) General. The annual Inconsistent claims in the Applications or evidence, or a revised application, allocation of IFQ to any person (p) in for Crab QS or PQS, unless verified by received after the 30-day evidentiary any crab QS fishery (f) will be based on documentation, will not be accepted. period specified in the letter has expired the TAC of crab for that crab QS fishery An applicant who submits inconsistent will not be considered for purposes of less the allocation to the Western Alaska the IAD. claims, or an applicant who fails to CDQ Program (‘‘CDQ Reserve’’) and (7) Right of First Refusal (ROFR) submit the information specified in Western Aleutian Islands golden king Contract Provisions. If an applicant crab fishery. Expressed algebraically, paragraph (f)(2) of this section, will be submits an Application for Crab QS and provided a single 30-day evidentiary the annual IFQ allocation formula is as PQS that does not contain the contract follows: period as provided in paragraph (f)(5) of provisions for community ROFR, as this section to submit the specified (i) IFQ TACf = TACf - (CDQ reservef specified in paragraphs (f)(2)(vi)(E) and + Allocation for the Western Aleutian information, submit evidence to verify (m) of this section, then the Regional his or her inconsistent claims, or submit Island golden king crab fishery) Administrator will not prepare an IAD (ii) IFQpf = IFQ TACf × (QSpf/QS a revised application with claims on unverified claims or issue QS or PQS consistent with information in the poolf). until such contract provisions have been (2) Class A/B IFQ. (i) QS shall yield official crab rationalization record. An submitted. applicant who submits claims that are Class A or Class B IFQ if: (8) Initial administrative (A) Initially assigned to the CVO QS inconsistent with information in the determinations (IAD). The Regional sector; official crab rationalization record has Administrator will prepare and send an (B) Transferred to the CVO QS sector the burden of proving that the submitted IAD to the applicant following the from the CPO QS sector; or claims are correct. expiration of the 30-day evidentiary (C) After July 1, 2008, if initially (5) Additional information or period if the Regional Administrator issued to the CVC QS sector. evidence. The Regional Administrator determines that the information or (3) Class A IFQ will be assigned to all will evaluate additional information or evidence provided by the applicant fails eligible recipients. evidence to support an applicant’s to support the applicant’s claims and is (4) Class B IFQ will be assigned to all inconsistent claims submitted prior to insufficient to rebut the presumption eligible recipients except that Class B or within the 30-day evidentiary period. that the official crab rationalization IFQ will not be issued to: If the Regional Administrator record is correct, or if the additional (i) Any person who holds PQS or IPQ; determines that the additional information, evidence, or revised (ii) Any person who holds QS and is information or evidence meets the application is not provided within the affiliated with a person who holds PQS applicant’s burden of proving that the time period specified in the letter that or IPQ. Affiliation will be determined inconsistent claims in his or her notifies the applicant of his or her based on an annual affidavit by each QS application are correct, the official crab 30-day evidentiary period. The IAD will holder submitted as part of the Annual rationalization record will be amended indicate the deficiencies in the Application to for Crab IFQ/IPQ Permit. and the information will be used in application, including any deficiencies (5) Class A/B IFQ issuance ratio. (i) determining whether the applicant is with the information, the evidence Class A and Class B IFQ shall be eligible for QS or PQS. However, if the submitted in support of the information, assigned on an annual basis such that Regional Administrator determines that or the revised application. The IAD will the total amount of Class A and B IFQ the additional information or evidence also indicate which claims cannot be assigned in a crab fishing year in each does not meet the applicant’s burden of approved based on the available crab QS fishery for each region will be proving that the inconsistent claims in information or evidence. An applicant in a ratio of 90 percent Class A IFQ and his or her application are correct, the who receives an IAD may appeal 10 percent Class B IFQ. applicant will be notified by an IAD, pursuant to § 679.43. An applicant who (ii) The Regional Administrator will that the applicant did not meet the avails himself or herself of the determine the amount of Class A and burden of proof to change the opportunity to appeal an IAD will not Class B IFQ that is assigned to a person

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00100 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63299

eligible to hold IFQ. This is calculated p) divided by the PQS pool for that crab provision only applies if the PQS holder by allocating 90 percent of the IFQ TAC QS fishery for all PQS holders (PQS holds the IPQ and uses that IPQ during (TAC a) to Class A IFQ. A portion of the pool f). Expressed algebraically, the the three crab fishing year period IFQ TAC a is allocated to persons annual IPQ allocation formula is as without transfer or lease to another eligible to hold only Class A IFQ (TAC follows: holder. × a only), the remaining IFQ TAC (TAC r) IPQpf = TACaf PQSpf/PQS poolf. (4) If PQS is transferred and the IPQ is allocated for harvest by a person (p) (2) PQS amounts for IPQ calculation. derived from that PQS is used to process eligible to receive both Class A IFQ and For purposes of calculating IPQs for any crab within the ECC for which that PQS Class B IFQ. Expressed algebraically, for crab fishing year, the amount of a is designated, ROFR cannot be exercised an individual person (p) eligible to hold person’s PQS and the amount of the by the ECC entity while that PQS is both Class A and Class B IFQ the annual PQS pool for any crab PQS fishery will used in that ECC. A use of crab in the allocation formula is as follows: be the amounts on record with the ECC will exist if the purchaser of the (A) TACa = IFQ TAC × 0.90 Alaska Region, NMFS, at the time of PQS designated for that ECC contracts ¥ (B) TACr = TACa TACa only calculation. with the ECC entity to: ¥ (C) IFQap = TACr / (IFQ TAC TACa only) (k) Timing for Issuance of IFQ or IPQ. (i) Use at least 80 percent of the × IFQp IFQ and IPQ will be issued once the ¥ annual IPQ allocation in the ECC; or (D) IFQbp = IFQp IFQap TAC for that crab QS fishery in that crab (ii) Grant the community a ROFR on (6) CVC IFQ. (i) QS that is initially fishing year has been specified by the the PQS subject to the same terms and allocated to the CVC QS sector shall State of Alaska. All IFQ and IPQ for all conditions required of the holder of the yield CVC IFQ. persons will be issued once for a crab initial allocation of the PQS. (ii) After July 1, 2008, CVC IFQ will fishing year for a crab QS fishery. QS (5) All terms of any ROFR and be assigned as CVC Class A and CVC issued after NMFS has issued annual contract entered into related to the Class B IFQ under the provisions IFQ for a crab QS fishery for a crab ROFR will be enforced through civil established in paragraph (h)(5)(ii) of this fishing year will not result in IFQ for contract law. section. that crab QS fishery for that crab fishing (6) An ECC entity can waive any (7) CPO IFQ. (i) QS that is initially year. ROFR. Written proof of any waivers of allocated to the CPO QS sector shall (l) Harvesting and processing ROFR must be provided with any yield CPO IFQ. privilege. QS and PQS allocated or proposed transfer of PQS designated for (ii) CPO IFQ is not subject to regional permits issued pursuant to this part do an ECC under § 680.41(j) of this part. designation. not represent either an absolute right to (7) The right of first refusal may be (8) CPC IFQ. (i) QS that is initially the resource or any interest that is exercised by the ECC entity by allocated to the CPC QS sector shall subject to the ‘‘takings’’ provision of the providing the PQS holder within 60 yield CPC IFQ. Fifth Amendment of the U.S. days of receipt of a copy of the proposed (ii) CPC IFQ is not subject to regional Constitution. Rather, such QS, PQS, or contract for transfer of PQS: designation. permits represent only a processing (i) Notice of the intent to exercise (9) QS amounts for IFQ calculation. privilege that may be revoked or ROFR, and For purposes of calculating IFQs for any amended pursuant to the (ii) Earnest money in the amount of 10 crab fishing year, the amount of a Magnuson-Stevens Act and other percent of the contract amount or person’s QS and the amount of the QS applicable law. $500,000 whichever is less. pool for any crab QS fishery will be the (m) Contract terms for community (8) The ECC entity must perform all amounts on record with the Alaska right of first refusal (ROFR). The of the terms of the contract for the Region, NMFS, at the time of contract for ROFR required for the transfer of PQS within the longer of: calculation. Application for Crab QS or PQS under (i) One hundred and twenty days of (i) Annual allocation of IPQ. IPQ is paragraph (f)(2) of this section must receipt of the contract, or assigned based on the underlying PQS. include the following terms: (ii) In the time specified in the The Regional Administrator shall assign (1) The ROFR will apply to transfers contract. crab IPQs to each person who submits of: (9) Except as provided for at a complete Annual Application for Crab (i) PQS, and § 680.41(j)(5), ROFR applies only to the IFQ/IPQ Permit as described under (ii) IPQ, if more than 20 percent of the ECC within which the legal processing § 680.4. Each assigned IPQ will be IPQ resulting from PQS held by that that gave rise to the PQS occurred. If the specific to a crab QS fishery with the person that is derived from legal ECC entity chooses not to exercise appropriate regional designation. This processing that occurred in that ECC is ROFR on the transfer of PQS, that PQS amount will represent the maximum used outside of that ECC in a crab will no longer be subject to ROFR amount of crab that may be received fishing year. (10) Any due diligence review from the specified crab QS fishery by (2) Any proposed sale of PQS to conducted related to the exercise of a the person to whom it is assigned another person, and any associated IPQ ROFR will be undertaken by a third during the specified crab fishing year, or other goods and appurtenances party bound by a confidentiality unless the IPQ assignment is changed by attached to that sale, must be provided agreement that protects any proprietary the Regional Administrator because of to the ECC entity under the exact same information from being released or an approved transfer or unless revoked, terms and agreements for the exercise of made public. suspended, or modified under 15 CFR ROFR. part 904. (3) If a PQS holder legally uses IPQ § 680.41 Transfer of QS and IFQ. (j) Calculation of annual IPQ outside of the ECC for which those IPQ (a) General. (1) Transfer of crab QS, allocation—(1) General. The annual are designated, than that use of IPQ is PQS, IFQ, or IPQ means any transaction, allocation of TAC to PQS and the exempt from ROFR. If such IPQ is used approved by NMFS, requiring QS or resulting IPQ in any crab QS fishery (f) outside the ECC by the PQS holder for PQS, or the use thereof in the form of is the Class A IFQ TAC (TAC a). A a period of three consecutive crab IFQ or IPQ, to pass from one person to person’s annual IPQ is based on the fishing years, than those PQS and IPQ another, permanently or for a fixed amount of PQS held by a person (PQS are forever exempt from ROFR. This period of time, except that:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00101 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63300 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(2) A Crab IFQ Hired Master Permit is not required to receive PQS or IPQ by required to transfer any amount of QS, issued by NMFS in the name of a vessel transfer. PQS, IFQ, or IPQ from an entity that is master employed by a person is not a (A) Application for Eligibility to not an ECCO or a crab harvesting transfer of crab QS or IFQ; Receive QS/IFQ and PQS/IPQ by cooperative; (3) The use of IFQ assigned to a crab Transfer. This application is required to (B) Application for Transfer of Crab harvesting cooperative and used within establish a person’s eligibility to receive QS/IFQ to or from an ECCO. This that cooperative is not a transfer of IFQ. QS, PQS, IFQ, or IPQ by transfer, if the application is required to transfer any (b) Transfer procedure. (1) A person person is not an ECCO. amount of QS or IFQ to or from an must establish eligibility to receive QS, (B) Application to Become an ECCO. entity that is an ECCO. PQS, IFQ, or IPQ by transfer. This application is required to establish (C) Application for Inter-cooperative (2) A person must submit a complete a person’s eligibility to receive QS, PQS, Transfer. This application is required to a transfer application that is IFQ, or IPQ by transfer, if the person is transfer any amount of IFQ from an subsequently approved by the Regional an ECCO. Administrator. (ii) Transfer applications. An entity that is a crab harvesting (i) Eligibility Applications. application is required to transfer any cooperative to another crab harvesting Applications under this paragraph are amount of QS, PQS, IFQ, or IPQ. Any cooperative. required to establish eligibility to transfer application will not be (c) Eligibility to receive QS, PQS, IFQ, receive QS, PQS, IFQ, or IPQ by approved until the necessary eligibility or IPQ by transfer. (1) Any person may transfer. If a person is an initial issuee application in paragraph (b)(1)(i) of this apply to receive PQS or IPQ by transfer. of QS an eligibility application is not section has been submitted and (i) To be eligible to receive QS, PQS, required to receive QS, PQS, IFQ or IPQ approved by NMFS: IFQ, or IPQ by transfer, a person must by transfer. If a person is an initial (A) Application for Transfer of Crab first meet the requirements specified in issuee of PQS an eligibility application QS/IFQ or PQS/IPQ. This application is the following table:

Quota Type Eligible Person Eligibility Requirements

(A) PQS Any person None.

(B) IPQ Any person None.

(C) CVO or CPO QS (1) A person initially issued QS No other eligibility requirements.

(2) An individual who is a U.S. citizen with at least 150 days of sea time as part of a harvesting crew in any U.S. commercial fishery.

(3) A corporation, partnership, or other entity with at least on individual member who is a U.S. citizen and who: (i) owns at least 20 percent of the corporation, partnership, or other entity; and (ii) has at least 150 days of sea time as part of a harvesting crew in any U.S. commercial fishery.

(4) An ECCO that meets the eligibility requirements described under paragraphs (c)(3) and (c)(4) of this section.

(5) A CDQ Group no other eligibility requirements.

(D) CVO or CPO IFQ (1) All persons eligible for CVO or CPO QS according to the requirements in paragraph (c)(1)(i)(C)(5) of this section.

(2) A crab harvesting cooperative that meets the eligibility requirements under § 680.21.

(E) CVC or CPC QS (1) An individual initially issued QS no other eligibility requirements.

(2) An individual who is a U.S. citizen with: (i) at least 150 days of sea time as part of a har- vesting crew in any U.S. commercial fishery; and (ii) recent participation in the 365 days prior to the transfer.

(F) CVC or CPC IFQ (1) All eligible persons for CVC or CPC QS according to the requirements in paragraph (c)(1)(i)(E) of this section.

(2) A crab harvesting cooperative that meets the eligibility requirements under § 680.21.

(2) Application for Eligibility to crab QS by initial issuance, all persons, or IPQ must submit an Application for Receive QS/IFQ and PQS/IPQ by except non-profits seeking to become an Eligibility to Receive QS/IFQ or PQS/ Transfer. (i) Unless a person received ECCO, applying to receive QS, PQS, IFQ IPQ by Transfer, containing accurate

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00102 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63301

information, to the Regional complete paragraph (c)(2)(ii)(F) of this transfer on behalf of a ECC must first Administrator. The Regional section; complete an Application to Become an Administrator shall provide an (2) Indicate (YES or NO) whether this ECCO (see paragraph (c)(4) of this Application for Eligibility to Receive application is submitted on behalf of a section). QS/IFQ or PQS/IPQ by Transfer to any corporation, partnership or other (3) Designation of an ECCO. (i) The person on request. business entity (not including CDQ appropriate governing body of each ECC (ii) Contents. A completed groups). If YES: must designate a non-profit organization Application for Eligibility to Receive (i) At least one member of the to serve as the ECCO for that ECC. This QS/IFQ or PQS/IPQ by Transfer must corporation, partnership or other designation must be submitted by the include the following: business entity that is applying to non-profit organization in its (A) Type of QS, IFQ, PQS, or IPQ for receive this TEC must provide evidence Application to Become an ECCO to which the applicant is seeking of at least 150 days as part of a transfer and hold QS on the behalf of eligibility. Indicate type of QS, IFQ, harvesting crew in any U.S. commercial that ECC. PQS, IPQ for which applicant is seeking fishery. Identify the individual owner (ii) If the non-profit entity is approved eligibility. that meets the criteria and complete by NMFS to serve as the ECCO, then the (1) If seeking CVO or CPO QS/IFQ, paragraph (c)(2)(D) of this section, appropriate governing body of the ECC complete paragraphs (c)(2)(i)(B), providing this individual’s commercial must authorize the transfer of any QS (c)(2)(ii)(D) if applicable, (c)(2)(ii)(E), fishing experience; Name, NMFS person from the ECCO. and (c)(2)(ii)(F) of this section; ID, and SSN; and Business mailing (iii) The appropriate governing body (2) If seeking CVC or CPC QS/IFQ, address, business telephone number, for purposes of designating a non-profit complete paragraphs (c)(2)(i)(B), and business facsimile number; organization for the Application to (c)(2)(ii)(C), (c)(2)(ii)(E), and (c)(2)(ii)(F) (ii) If a corporation, partnership, or Become an ECCO, or approve the of this section; other business entity, the applicant also transfer of any QS from an ECCO in (3) If seeking PQS/IPQ, complete must submit documentation showing at each ECC is as follows: paragraphs (c)(3)(iii)(B) and (c)(2)(iii)(F) least 20 percent interest in the (A) If the ECC is also a community of this section; corporation, partnership, or other entity. eligible to participate in the Western (B) Applicant information. (1) Name (E) Commercial fishing experience. (1) Alaska CDQ Program, then the CDQ and NMFS Person ID, date of birth, and Species; enter any targeted species in a group is the appropriate governing social security number or tax ID U.S. commercial fishery; body; (B) If the ECC is not a CDQ number; (2) Gear Type; enter any gear type community and is incorporated as a (2) Permanent business mailing used to legally harvest in a U.S. municipality and is not located in a address, business telephone number, commercial fishery; borough, then the municipal business facsimile number, and e-mail (3) Location; enter actual regulatory, government is the appropriate governing address (if available) of the applicant. A statistical, or geographic harvesting body; temporary business mailing address location; (4) Starting date and ending date of (C) If the ECC is not a CDQ may be provided in addition to the claimed fishing period (MMYY); community and is incorporated as a permanent business mailing address. (5) Number of actual days spent municipality and also located in a (3) Indicate (YES or NO) whether the harvesting crab; borough, then the municipality and applicant is a U.S. citizen or U.S. (6) Duties performed while directly borough jointly serve as the appropriate corporation, partnership or other involved in the harvesting of crab (be governing body and both must agree to business entity. Applicants for CVO, specific): designate the same non-profit CPO, CVC or CPC QS (and associated (7) Name and ADF&G vessel organization to serve as the ECCO or IFQ) must be U.S. Citizens or U.S. registration number or USCG authorize the transfer of QS from the Corporations, Partnerships or Other documentation number of the vessel ECCO; and Business Entity. Applicants for PQS upon which above duties were (D) If the ECC is not a CDQ (and associated IPQ) are not required to performed; community and is not incorporated as a be U.S. Citizens. (8) Name of vessel owner; municipality and is in a borough, then (C) Eligibility for CVC or CPC shares. (9) Name of vessel operator; the borough in which the ECC is located Indicate (YES or NO) whether this (10) Reference name. Enter the name is the appropriate governing body . transfer eligibility certificate (TEC) is of a person (other than applicant) who (iv) The appropriate governing body intended for a person who wishes to is able to verify the above experience; in each ECC may designate only one buy CVC or CPC QS/IFQ. If YES, (11) Reference’s relationship to non-profit organization to serve as the provide evidence of at least one delivery applicant; ECCO for that community at any one of a crab species in any crab QS fishery (12) Reference’s business mailing time. in the 365 days prior to submission of address and telephone number. (4) Application to Become an ECCO. this form. Acceptable evidence of such (F) Applicant certification. (1) Printed Prior to initially receiving QS or IFQ by delivery shall be limited to an ADF&G name and signature of applicant and transfer on behalf of a specific ECC, a fish ticket imprinted with applicant’s date signed; non-profit organization that intends to State of Alaska permit card and signed (2) Notary Public signature, date represent that ECC as a ECCO must by the applicant, an affidavit from the commission expires, and notary stamp submit an Application to Become an vessel owner, or a signed receipt for an or seal. ECCO and have that application IFQ crab landing on which applicant (G) Verification that the applicant approved by the Regional was acting as the permit holder’s crab applying for eligibility to receive crab Administrator. IFQ hired master. QS/IFQ or PQS/IPQ by transfer has (i) Contents of Application—(A) (D) U.S. Corporations, partnerships, submitted an EDR if required to do so Applicant identification. (1) Name of or business entities. (1) Indicate (YES or under § 680.6; the non-profit organization, taxpayer NO) whether this application is (H) A non-profit entity seeking identification number, and NMFS submitted by a CDQ Group. If YES, approval to receive crab QS or IFQ by Person ID;

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00103 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63302 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(2) Permanent business mailing agreement signed by the parties to the (A) QS species; address; transaction. The Regional Administrator (B) QS type; (3) Name of contact persons, business shall provide an Application for (C) Range of serial numbers to be phone, business fax, and e-mail address Transfer of Crab QS/IFQ or PQS/IPQ to transferred (shown on QS certificate) (if available); any person on request or on the Internet numbered to and from; (4) Name of community or at http://www.fakr.noaa.gov/. Persons (D) Number of QS units to be communities represented by the who submit an Application for Transfer transferred; non-profit organization; of Crab QS/IFQ or PQS/IPQ for approval (E) Transferor (seller) IFQ or IPQ (5) Name of contact person for the will receive notification of the Regional permit number; governing body of each community Administrator’s decision to approve or (F) Indicate (YES or NO) whether represented. disapprove the application, and if remaining IFQ or IPQ pounds for the (B) Required attachments to the applicable, the reason(s) for current fishing year should be application. (1) The articles of disapproval, by mail, unless another transferred; if NO, specify the number of incorporation under the laws of the communication mode is requested on pounds to be transferred; State of Alaska for that non-profit the application. (G) If this is a transfer of CPO QS, organization; (2) Contents. This application for indicate whether being transferred as (2) A statement indicating the ECC(s) transfer must be completed, signed, and CPO QS or CVO QS and PQS; represented by that non-profit notarized by both parties. A complete (H) If CPO QS is being transferred as organization for purposes of holding QS; Application for Transfer of Crab QS/IFQ both CVO QS and PQS, specify number (3) The bylaws of the non-profit or PQS/IPQ must include the following of units of each; organization; information: (I) If CPO QS is being transferred as (4) A list of key personnel of the (i) Type of transfer. (A) Indicate type CVO QS, select region for which the QS management organization including, but of transfer requesting; is designated; not limited to, the board of directors, (B) Indicate (YES or NO) whether this (v) Transfer of IFQ or IPQ only. officers, representatives, and any is a transfer of IFQ or IPQ only due to Complete the following information if managers; a hardship (medical emergency, etc.). If transferring IFQ or IPQ only. (5) Additional contact information of YES, provide documentation supporting (A) QS species; the managing personnel for the non- the need for such transfer (doctor’s (B) IFQ/IPQ type; profit organization and resumes of statement, etc.). (C) Range of serial numbers shown on management personnel; (C) If requesting transfer of PQS/IPQ, QS certificate, numbered to and from; (6) A description of how the applications involving the transfer of (D) Number of IFQ or IPQ pounds to non-profit organization is qualified to PQS or IPQ (if applicable) outside the be transferred; manage QS on behalf of the ECC it is community in which the processing (E) Transferor (seller) IFQ or IPQ designated to represent, and a facility resides must include a statement permit number; and demonstration that the non-profit by an authorized representative of that (F) Crab fishing year of the transfer. organization has the management skills community indicating that the (vi) Price paid for the QS, PQS and/ and technical expertise to manage QS community has been offered the right of or IFQ, IPQ. The transferor must provide and IFQ; and first refusal (ROFR) on the sale of the the following information: (7) A statement describing the PQS or IPQ under the requirements of (A) Indicate whether (YES or NO) a procedures that will be used to this section. broker was used for this transaction; If determine the distribution of IFQ to (ii) Transferor (Seller) information. YES, provide dollar amount paid in residents of the ECC represented by that (A) The name and NMFS Person ID of brokerage fees or percentage of total non-profit organization, including; the transferor (person currently holding price; procedures used to solicit requests from the QS, PQS, IFQ, or IPQ), social (B) Provide the total amount paid for residents to lease IFQ, and criteria used security number or tax ID number; the QS/IFQ or PQS/IPQ in this to determine the distribution of IFQ (B) Permanent business mailing transaction, including all fees; leases among qualified community address, business telephone, business (C) Provide the price per unit of QS residents and the relative weighting of facsimile, and business e-mail address, (price divided by QS units) and the those criteria. and the transferor may also provide a price per pound (price divided by IFQ (C) Applicant certification. Printed temporary address for each transaction or IPQ pounds) of IFQ or IPQ; name of applicant or authorized agent, in addition to the permanent business (D) Indicate all reasons that apply for notarized signature, and date signed, mailing address; transferring the QS/IFQ or PQS/IPQ. Notary Public signature and date when (iii) Transferee (Buyer) information. (vii) Method of financing for the QS, commission expires, and notary seal or (A) The name and NMFS Person ID of PQS and/or IFQ, IPQ. The transferee stamp. If authorized agent, proof of the transferee (person receiving QS, PQS must provide the following information: authorization to act on behalf of the or IFQ, IPQ by transfer), social security (A) Indicate (YES or NO) whether QS/ applicant must be provided with the number or tax ID number; IFQ or PQS/IPQ purchase will have a application. (B) Permanent business mailing lien attached; if YES, provide the name (d) Application for Transfer of Crab address, business telephone, business of lien holder; QS/IFQ or PQS/IPQ—(1) General. (i) An facsimile, and business e-mail address, (B) Indicate one primary source of Application for Transfer of Crab QS/IFQ and the transferee may also provide a financing for this transfer; or PQS/IPQ must be approved by the temporary address for each transaction (C) Indicate the sources used to locate Regional Administrator before the in addition to the permanent business the QS, PQS and/or IFQ, IPQ being transferee may use the IFQ or IPQ to mailing address; transferred; harvest or process crab QS species. (iv) Transfer of QS or PQS and IFQ or (D) Indicate the relationship, if any, (ii) An Application for Transfer of IPQ. Complete the following between the transferor and the Crab QS/IFQ or PQS/IPQ will not be information if QS or PQS and IFQ or transferee approved until the Regional IPQ are to be transferred together or if (E) Indicate (YES or NO) whether an Administrator has reviewed the transfer transferring only QS or PQS. agreement exists to return the QS/IFQ or

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00104 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63303

PQS/IPQ to the transferor or any other during a landing of a crab QS species Regional Administrator shall provide an person, or with a condition placed on within the 365 days prior to submission Application for Transfer of Crab QS/IFQ resale; If YES, explain; of an Application for Transfer of Crab to or from an ECCO to any person on (F) Attach a copy of the terms of QS/IFQ or PQS/IPQ. request or on the Internet at http:// agreement for the transfer, the bill of (e) Approval criteria for an www.fakr.noaa.gov/. Persons who sale for QS or PQS, or lease agreement Application for Transfer of Crab QS/IFQ submit an Application for Transfer of for IFQ or IPQ. or PQS/IPQ. (1) Except as provided in Crab QS/IFQ to or from an ECCO for (G) Indicate whether an EDR was paragraph (i) of this section, an approval will receive notification of the submitted, if required by § 680.6, and Application for Transfer of QS/IFQ or Regional Administrator’s decision to (H) Whether all fees have been paid. PQS/IPQ will not be approved until the approve or disapprove the application, (viii) Notary information—(A) Regional Administrator has determined and if applicable, the reason(s) for Certification of transferor. (1) Printed that: disapproval, by mail, unless another name and signature of transferor or (i) The person applying to receive the communication mode is requested on authorized agent. If authorized agent, QS, PQS, IFQ or IPQ meets the the application. proof of authorization to act on behalf requirements of eligibility in paragraph (3) Contents. A complete Application of the transferor must be provided with (c) of this section; for Transfer of Crab QS/IFQ to or from the application. (ii) The person applying for transfer an ECCO includes the following: (2) Date signed; and and the person applying to receive QS (i) General requirements. (A) This (3) Notary Public signature, date or IFQ/IPQ have their original notarized form may only be used if an ECCO is the commission expires, and notary stamp signatures on the application; proposed transferor (seller) or the or seal. (iii) No fines, civil penalties, or other proposed transferee (buyer) of the QS or (B) Certification of transferee. (1) payments due and owing, or IFQ. Printed name and signature of transferor outstanding permit sanctions, resulting (B) The party to whom a ECCO is or authorized agent. If authorized agent, from Federal fishery violations seeking to transfer the QS/IFQ must proof of authorization to act on behalf involving either party exist; hold a Transfer Eligibility Certificate of the transferee must be provided with (iv) The person applying to receive (TEC). the application. QS, PQS, IFQ or IPQ currently exists; (C) If the ECCO is applying to (2) Date signed; (v) The transfer would not cause the permanently transfer QS, a (3) Notary Public signature, date person applying to receive the QS, PQS, representative of the community on commission expires, and notary stamp IFQ or IPQ to exceed the use limits in whose behalf the QS is held must sign or seal; this section; the application. (C) Certification of authorized (vi) The person applying to make or (D) If authorized representative representative of community holding receive the QS, PQS, IFQ or IPQ transfer represents either the transferor or first ROFR. (1) Printed name and has paid all IFQ or IPQ fees described transferee, proof of authorization to act signature of authorized community under § 680.44; or has timely appealed on behalf of transferor or transferee representative; the IAD of underpayment as described must be attached to the application. (2) Date signed; under § 680.44; (ii) Transferor (seller) information. (3) Printed name of community; and (vii) The person applying to make or The name, NMFS Person ID, social (4) Notary Public signature, date receive the QS, PQS, IFQ or IPQ transfer security number or Tax ID, permanent commission expires, and notary stamp has submitted an EDR if required to do business mailing address, business or seal. so under § 680.6; telephone, business facsimile, and (ix) Attachments to the application (viii) In the case of the transfer of PQS business e-mail address of the and other conditions to be met. (A) or IPQ from an ECC, that the provisions Transferor (person currently holding the Indicate whether the person applying to for ROFR under paragraph (j) of this QS or IFQ), and if transferor is an ECCO, make or receive the QS, PQS, IFQ or IPQ section have been met; the name of ECC represented by the transfer has submitted an EDR if (ix) In the case of an individual ECCO. The transferor may also provide required to do so under § 680.6; and applying to receive CVC QS or IFQ or a temporary address for each transaction (B) Whether the person applying to CPC QS or IFQ, the individual has in addition to the permanent business make or receive the QS, PQS, IFQ or IPQ demonstrated active participation in a mailing address; transfer has paid all fees, as required by crab QS fishery in the 365 days prior to (iii) Transferee (buyer) information. § 680.44. the submission of the application for The name, NMFS Person ID, social (C) A written acknowledgment by an transfer; security number or Tax ID, permanent ECC entity for transfer of PQS or IPQ (x) Other pertinent information business mailing address, business under paragraphs (j)(3) through (j)(5) of requested on the application for transfer telephone, business facsimile, and this section. has been supplied to the satisfaction of business e-mail of the transferee (person (D) All individuals applying to the Regional Administrator. receiving QS or IFQ by transfer), and if receive CVC QS or IFQ or CPC QS or (f) Application for Transfer of Crab transferee is an ECCO, name of IFQ by transfer must submit proof of at QS/IFQ to or from an ECCO. (1) An community (ECC) represented by the least one delivery of a crab QS species Application for Transfer of Crab QS/IFQ ECCO. The transferee may also provide in any crab QS fishery in the 365 days to or from an ECCO must be approved a temporary address for each transaction prior to submission to NMFS of the by the Regional Administrator before in addition to the permanent business Application for Transfer of QS/IFQ or the transferee may use the IFQ to mailing address; PQS/IPQ. Proof of this landing is: harvest or process crab QS species. (iv) Identification of QS/IFQ to be (1) Signature of the applicant on an (2) An Application for Transfer of transferred. Complete the following ADF&G Fish Ticket; or Crab QS/IFQ to or from an ECCO will information if QS and IFQ are to be (2) An affidavit from the vessel owner not be approved until the Regional transferred together or if transferring attesting to that individual’s Administrator has reviewed and only QS. participation as a member of a fish approved the transfer agreement signed (A) QS species; harvesting crew on board a vessel by the parties to the transaction. The (B) QS type;

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00105 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63304 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(C) Number of QS or IFQ units to be (B) Date signed; another crab harvesting cooperative. transferred; (C) Notary Public signature, date Crab harvesting cooperatives wishing to (D) Total QS units; commission expires, and notary stamp engage in an inter-cooperative transfer (E) Number of IFQ pounds; or seal; must complete an Application for (F) Range of serial numbers to be (x) Certification of transferee. (A) Inter-cooperative Transfer to transfer transferred (shown on QS certificate) Printed name and signature of transferor crab IFQ between crab harvesting numbered to and from; or authorized agent. If authorized agent, cooperatives. (G) Name of community to which QS proof of authorization to act on behalf (ii) Contents. A complete application are currently assigned; of the transferee must be provided with consists of the following items. (H) Indicate (YES or NO) whether the application. (A) Identification of Transferor remaining IFQ pounds for the current (B) Date signed; (lessor). The name, NMFS Person ID, fishing year should be transferred; if (C) Notary Public signature, date date of incorporation, Tax ID, name of NO, specify the number of pounds to be commission expires, and notary stamp crab harvesting cooperative’s transferred; or seal; (v) Transfer of IFQ only. (A) IFQ (xi) Certification of authorized representative, permanent business permit number and year of permit; representative of community. (A) mailing address, business telephone, (B) Actual number of IFQ pounds to Printed name, title and signature of business facsimile, and business e-mail be transferred. authorized community representative; of the crab harvesting cooperative (vi) Transferor Information, if an (B) Date signed; transferor. A temporary mailing address ECCO. Reason(s) for transfer: (C) Printed name of community; for each transaction may also be (A) ECCO management and (D) Notary Public signature, date provided in addition to the permanent administration; commission expires, and notary stamp business mailing address. (B) Fund additional QS purchase; or seal; (B) Identification of transferee (C) Participation by community (4) Attachments to the application (lessee). The name, NMFS Person ID, residents; and other conditions to be met. (i) date of incorporation, Tax ID, name of (D) Dissolution of ECCO; and Whether the person applying to make or crab harvesting cooperative’s (E) Other (please specify). receive the QS, PQS, IFQ or IPQ transfer representative, permanent business (vii) Transferor Information. The has submitted an EDR if required to do mailing address, business telephone, transferor must provide the following so under § 680.6; business facsimile, and business e-mail information: (A) Whether (YES or NO) a broker was (ii) Whether the person applying for of the crab harvesting cooperative used for this transaction; If YES, provide transfer and the person applying to transferee. A temporary mailing address dollar amount paid in brokerage fees or receive the QS or IFQ/IPQ have paid all for each transaction may also be percentage of total price; fees, as required by § 680.44. provided in addition to the permanent (B) Provide the total amount paid for (iii) A copy of the terms of agreement business mailing address. the QS/IFQ in this transaction, for the transfer, the bill of sale for QS (C) Crab cooperative IFQ to be including all fees; or PQS, or lease agreement for IFQ or transferred. The identification of the (C) Provide the price per unit of QS IPQ. crab IFQ being transferred, including (price divided by QS units) and the (iv) An affirmation that the individual the type of crab cooperative IFQ being price per pound (price divided by IFQ receiving IFQ from an ECCO has been a transferred, crab cooperative permit or IPQ pounds) of IFQ or IPQ; permanent resident in the ECC for a number, year that permit was issued, (D) Indicate all reasons that apply for period of 12 months prior to the whether (YES or NO) all remaining transferring the QS/IFQ. submission of the Application for pounds for the current fishing year are (viii) Transferee information. The Transfer QS/IFQ to or from an ECCO on to be transferred, if NO, specify number transferee must provide the following whose behalf the ECCO holds QS. of pounds to be transferred (v) Authorization of the appropriate information: (D) Transferor Information. Indicate governing body of an ECC, for any (A) Indicate (YES or NO) whether QS/ whether (YES or NO) a broker was used transfer of QS by the ECCO that holds IFQ purchase will have a lien attached; . If YES, indicate dollar amount paid in QS on behalf of that ECC. if YES, provide the name of lien holder; brokerage fees or percentage of total (g) Approval criteria for an (B) Indicate one primary source of price, the total amount being paid and Application for Transfer of Crab QS/IFQ financing for this transfer; the price per pound. (C) Indicate the sources used to locate to or from an ECCO. In addition to the the QS or IFQ being transferred; criteria required for approval under (E) Certification of Transferor. Printed (D) Indicate the relationship, if any, § 680.41(e), the following criteria are name and signature of transferor or between the transferor and the also required: authorized agent and date signed, transferee; (1) The ECCO applying to receive or signature of Notary Public, date (E) Indicate (YES or NO) whether an transfer crab QS has submitted a commission expires, and notary stamp agreement exists to return the QS or IFQ complete annual report(s) required by or seal. If authorized agent, proof of to the transferor or any other person, or § 680.5; authorization to act on behalf of the with a condition placed on resale; If (2) The ECCO applying to transfer transferor must be provided with the YES, explain; crab QS has provided information on application. (F) Attach a copy of the terms of the reasons for the transfer as described (F) Certification of Transferee. Printed agreement for the transfer, the bill of in paragraph (e) of this section; and name and signature of transferee or sale for QS, or lease agreement for IFQ. (3) An individual applying to receive authorized agent and date sign, (ix) Certification of transferor. (A) IFQ from an ECCO is a permanent signature of Notary Public, date Printed name and signature of transferor resident of the ECC in whose name the commission expires, and notary stamp or authorized agent. If authorized agent, ECCO is holding QS. or seal. If authorized agent, proof of proof of authorization to act on behalf (h) Inter-cooperative transfer—(1) authorization to act on behalf of the of the transferor must be provided with Application. (i) A crab harvesting transferee must be provided with the the application. cooperative may only transfer its IFQ to application.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00106 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63305

(iii) Whether the person applying to represent the community in the exercise (j)(2) of this section 30 days prior to the make or receive the IFQ transfer has of ROFR at least 30 days prior to the intended transfer of PQS out of the paid all fees, as required by § 680.44. ending date for the initial application community. (iv) Original notarized signatures of period for the crab QS program (iii) ROFR in the North Gulf of Alaska. both the transferee and transferor or specified in the Federal Register. The ECC entity designated by the City authorized representative. (B) The ECC entity eligible to exercise of Kodiak and Kodiak Island Borough (2) Member of a crab harvesting the right of first refusal on behalf of an will have the opportunity to exercise cooperative receiving additional crab ECC will be identified by the governing ROFR to purchase from a PQS holder QS and/or IFQ by transfer. A member of body (s) of the ECC. If the ECC is any PQS proposed to be transferred for a crab harvesting cooperative may incorporated under the laws of the State use in processing outside the receive additional crab QS and/or IFQ of Alaska, then the municipality is the community identified under paragraph by transfer in accordance with transfer governing body; if the ECC is (j)(5)(i) of this section consistent with and use provisions at §§ 680.41 and incorporated and within an contract provisions under § 680.40(m). 680.42. A member of a crab harvesting incorporated borough, then the (k) Transfer of QS, PQS, IFQ or IPQ cooperative may receive a separate municipality and borough are the with restrictions. If QS, PQS, IFQ or IPQ annual IFQ permit or may transfer the governing bodies and must agree to must be transferred as a result of a court IFQ to the members’s cooperative. designate the same ECC entity; if the order, operation of law, or as part of a (3) Member of a crab harvesting ECC is not incorporated and in an security agreement, but the person cooperative transferring crab QS to incorporated borough, then the borough receiving the QS, PQS, IFQ or IPQ by someone outside the cooperative. A is the governing body. transfer does not meet the eligibility member of a crab harvesting cooperative (C) Each ECC may designate only one requirements of this section, the may transfer any crab QS held by that ECC entity to represent that community Regional Administrator will approve an person to any person qualified to in the exercise of ROFR at any one time Application for Transfer of Crab QS/IFQ receive crab QS by transfer as provided through a statement of support from the or PQS/IPQ with restrictions. The in this section. governing body of the ECC. That Regional Administrator will not assign (4) Member of a crab harvesting statement of support must be submitted IFQ or IPQ resulting from the restricted cooperative transferring the IFQ to the Regional Administrator, National QS or PQS to any person. IFQ or IPQ resulting from QS to a person outside Marine Fisheries Service, Post Office with restrictions may not be used for the cooperative. Once a person joins a Box 21668, Juneau, Alaska 99802, as a harvesting or processing species covered cooperative, that person may not resolution from the City Council or under this program. The QS, PQS, IFQ transfer IFQ resulting from that person’s other municipal body incorporated or IPQ will remain restricted until: QS to anyone outside the cooperative. under the laws of the State of Alaska for (1) The person who received the QS, The cooperative may transfer the IFQ it that community at least 3 days prior to PQS, IFQ or IPQ with restrictions meets controls on the behalf of a member of the ending date of the initial application the eligibility requirements of this the cooperative to another cooperative if period for the crab QS program under section and the Regional Administrator an Application for Inter-cooperative § 680.40. The ECC entity eligible to approves an application for eligibility Transfer has been submitted and exercise ROFR on behalf of an ECC must for that person; or approved by NMFS. be identified in the contract submitted (2) The Regional Administrator (i) QS, PQS, IFQ, or IPQ accounts. QS, to NMFS as part of the application for approves the application for transfer PQS, IFQ, or IPQ accounts affected by PQS under § 680.40(m). a transfer approved by the Regional (D) The ECC ROFR is not assignable from the person who received the QS, Administrator will change on the date of by the ECC entity. PQS, IFQ or IPQ with restrictions to a approval. Any necessary IFQ or IPQ (3) Transfer of PQS or IPQ from an person who meets the requirements of permits will be sent with the ECC. Any transfer of PQS or IPQ from this section. notification of approval if the receiver of an ECC will not be approved by NMFS (l) Transfer of CVO, CPO, CVC, CPC the IFQ or IPQ permit has completed an unless the ECC entity representing the QS or PQS—(1) General. PQS or QS may Annual Application for Crab IFQ/IPQ ECC is a signatory on the contract be transferred, with approval of the Permit for the current fishing year as submitted under § 680.40(m) and Regional Administrator, to persons required under § 680.4. acknowledges in writing to the Regional qualified to receive PQS or QS by (j) Eligible crab community right of Administrator that the community does transfer. However, the Regional first refusal (ROFR)—(1) Applicability— not wish to exercise ROFR. Administrator will not approve a (i) Exempt Fisheries. PQS and IPQ (4) Transfer of PQS within an ECC. transfer of any type of PQS or QS that issued for the BST, WAG, or WAI crab Any transfer of PQS within an ECC will would cause a person to exceed the QS fisheries are exempt from ROFR not be approved by NMFS unless the maximum amount of PQS or QS provisions. ECC entity representing the ECC is a allowable under the use limits provided (ii) Eligible Crab Communities (ECCs). signatory on a contract submitted under for in § 680.42, except as provided for The ROFR extends to the ECCs and their § 680.40(m) to exercise ROFR. under § 680.41(k). associated governing bodies. The ROFR (5) Restrictions on transfer of PQS out (2) CVO QS. Notwithstanding QS use may be exercised by the ECC entity of North Gulf of Alaska communities— limitations under § 680.42, CVO QS may representing that ECC. (i) Applicability. Any community in the be transferred to any person eligible to (2) Community representation—(i) Gulf of Alaska north of a line at 56°20′ receive CVO or CPO QS as defined CDQ Communities. Any ECC that is also N. lat. under paragraph (c) of this section. a CDQ community shall designate the (ii) Notification of PQS transfer. A (3) CPO QS. Persons holding CPO QS CDQ group to which it is a member as PQS holder proposing to transfer PQS may transfer CPO QS as CVO QS and the ECC entity in the exercise of any for use in processing outside any PQS to eligible recipients under the ROFR. community identified under this following provisions: (ii) Non-CDQ communities. (A) Any paragraph must notify the ECC entity (i) Each unit of CPO QS shall yield 1 ECC that is a non-CDQ community must designated by the City of Kodiak and unit of CVO QS, and 0.9 units of PQS; designate an ECC entity that will Kodiak Island Borough under paragraph and

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00107 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63306 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

(ii) The CVO QS and PQS derived holder’s care. The QS holder is required (i) The disapproved Application for from the transfer of CPO QS may be to provide documentation of the Eligibility to Receive QS/IFQ or PQS/ transferred separately, except that these individual’s medical condition from a IPQ by Transfer; and shares must receive the same regional licensed medical doctor. The QS holder (ii) An explanation why the designation. The regional designation must verify that he or she provides care application was not approved. shall be determined at the time of for that individual and that the QS (2) Reasons for disapproval. Reasons transfer by the person receiving the CVO holder cannot participate in the fishery for disapproval of an application QS. because of the medical condition of that include, but are not limited to: (4) CVC or CPC QS. Notwithstanding individual; (i) U.S. citizenship, where required; QS use limitations under § 680.42, CVC (C) Of the total or constructive (ii) Failure to meet minimum or CPC QS may be transferred to any physical loss of a vessel. The QS holder requirements for sea time as a member person eligible to receive CVC or CPC must provide evidence that the vessel of a harvesting crew; QS as defined under paragraph (c) of was lost and could not be replaced in (iii) An incomplete application; this section. CVC and CPC QS may only time to participate in the fishery for (iv) An untimely application; be used in the sector for which it is which the person is claiming a (v) Fines, civil penalties, or other originally designated. hardship. payments due and owing, or (m) Transfer of IFQ or IPQ by Lease— (4) IPQ derived from PQS. IPQ outstanding permit sanctions resulting (1) IFQ derived from CVO or CPO QS. derived from PQS may be leased. from Federal fishery violations; or IFQ derived from CVO or CPO QS may (n) Survivorship transfer privileges. (vi) Fees owed but not paid as be transferred by lease until June 30, (1) On the death of an individual who assessed under § 680.44. 2010. IFQ derived from CVO or CPO QS holds QS or PQS, the surviving spouse (3) Application deadline. The must be leased: or, in the absence of a surviving spouse, Regional Administrator will not approve (i) If the IFQ will be used on a vessel a beneficiary designated pursuant to any transfers of QS, PQS, IFQ, or IPQ in on which the QS holder has less than a paragraph (m)(3) of this section, receives any crab QS fishery from August 1 until 10-percent ownership interest; or all QS, PQS and IFQ or IPQ held by the (ii) If the IFQ will be used on a vessel the date of the issuance of IFQ or IPQ decedent by right of survivorship, for that crab QS fishery. on which the QS holder is not present. unless a contrary intent was expressed (2) Ownership of a vessel means, for by the decedent in a will. The Regional § 680.42 Limitations on use of QS, PQS, the purposes of this section: Administrator will approve an IFQ, and IPQ. (i) A sole proprietor; or (a) QS, PQS, IFQ and IPQ regional (ii) A relationship between 2 or more application for transfer to the surviving designation and IFQ class. The QS, entities in which one directly or spouse or designated beneficiary when PQS, IFQ or IPQ specified for one crab indirectly owns a 10 percent or greater sufficient evidence has been provided to QS fishery may not be used to harvest interest in a vessel. verify the death of the individual. (3) IFQ derived from CVC QS or CPC (2) A QS or PQS holder may provide or process crab in any other crab QS QS. (i) IFQ derived from CVC or CPC QS the Regional Administrator with the fishery. may be transferred by lease only until name of the designated beneficiary from (b) QS and IFQ use caps—(1) General. June 30, 2008 unless the IFQ permit the QS or PQS holder’s immediate Separate and distinct QS and IFQ use holder demonstrates a hardship. family to receive survivorship transfer caps apply to all QS and IFQ categories (ii) In the event of a hardship, as privileges in the event of the QS or PQS pertaining to a given crab QS fishery described at paragraph (m)(2)(iii) in this holders death and in the absence of a with the following provisions: section, a holder of CVC or CPC QS may surviving spouse. (i) A person who receives an initial lease the IFQ derived from this QS for (3) The Regional Administrator will allocation of QS that exceeds the use the term of the hardship. However, the approve, for 3 calendar years following cap listed in paragraph (b)(2) of this holder of CVC or CPC QS may not lease the date of the death of an individual, section are limited to hold no more than the IFQ under this provision for more an Application for Transfer of Crab QS/ that amount. A person will not be than 2 crab fishing years total in any 10 IFQ or PQS/IPQ from the surviving issued QS in excess of the use cap crab fishing year period. Such transfers spouse or, in the absence of a surviving established in this section based on QS are valid only during the crab fishing spouse, a beneficiary from the QS or derived from landings attributed to an year for which an IFQ permit is issued PQS holder’s immediate family LLP license obtained via transfer after and the QS holder must re-apply for any designated pursuant to paragraph (m)(3) June 10, 2002; subsequent transfers. of this section to a person eligible to (ii) QS and IFQ use caps shall be (iii) An application for a transfer of receive IFQ or IPQ under the provisions based on the initial quota share pools IFQ under this provision will not be of this section, notwithstanding the used to determine initial allocations of approved unless the QS holder can limitations on transfers of IFQ and IPQ QS; demonstrate a hardship by an inability in this section and the use limitations (iii) Non-individuals holding QS will to participate in the crab QS fisheries under § 680.42. be required to provide, on an annual because: (o) Notification of Approval or basis, ownership information as (A) Of a medical condition of the QS Disapproval of Applications. (1) required in the Annual Application for holder. The QS holder is required to Applicants submitting any application Crab IFQ/IPQ Permit. provide documentation of the medical under § 680.41 will be notified by mail (2) Except for persons who hold PQS, condition from a licensed medical of the Regional Administrator’s or a CDQ group, a person may not, doctor who verifies that the QS holder approval of an application. If the individually or collectively, hold: cannot participate in the fishery because Regional Administrator will notify (i) QS in amounts in excess of the of the medical condition; applicants if an application submitted amounts specified in the following (B) Of a medical condition involving under § 680.41 is disapproved. This table, unless that person’s QS was an individual who requires the QS notification of disapproval will include: received in the initial allocation:

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63307

CVO/CPO Use Cap in QS CVC/CPC Use Cap in QS Fishery Units Units

(A) 1.0 percent of the initial QS pool for BBR 3,880,000 120,000

(B) 1.0 percent of the initial QS pool for BSS 9,700,000 300,000

(C) 1.0 percent of the initial QS pool for BST 1,940,000 60,000

(D) 2.0 percent of the initial QS pool for PIK 582,000 18,000

(E) 2.0 percent of the initial QS pool for SMB 582,000 18,000

(F) 10.0 percent of the initial QS pool for EAG 970,000 30,000

(G) 10.0 percent of the initial QS pool for WAG 3,880,000 120,000

(H) 10.0 percent of the initial QS pool for WAI 5,820,000 180,000

(ii) Use IFQ in excess of the amount was received by that person in the (i) Hold QS in excess of more than the of IFQ that is yielded from the QS caps initial allocation of QS for that crab QS amounts of QS specified in the in paragraph (b)(2)(i) of this section, fishery. following table: unless that IFQ is yielded from QS that (3) A CDQ Group may not:

Fishery CDQ CVO/CPO Use Cap in QS Units

(A) 5.0 percent of the initial QS pool for BBR 19,400,000

(B) 5.0 percent of the initial QS pool for BSS 48,500,000

(C) 5.0 percent of the initial QS pool for BST 9,700,000

(D) 10.0 percent of the initial QS pool for PIK 2,910,000

(E) 10.0 percent of the initial QS pool for SMB 2,910,000

(F) 20.0 percent of the initial QS pool for EAG 1,940,000

(G) 20.0 percent of the initial QS pool for WAG 7,760,000

(H) 20.0 percent of the initial QS pool for WAI 11,640,000

(ii) Use IFQ in excess of the amount was received by that person in the (4) A person who holds PQS may not of IFQ that is yielded from the QS caps initial allocation of QS for that crab QS individually or collectively: in paragraph (b)(2)(i) of this section, fishery. (i) Hold QS in excess of the amounts unless that IFQ is yielded from QS that specified in the following table:

CVO/CPO Use Cap in QS CVC/CPC Use Cap in QS Fishery Units Units

(A) 5.0 percent of the initial QS pool for BBR 19,400,000 600,000

(B) 5.0 percent of the initial QS pool for BSS 48,500,000 1,500,000

(C) 5.0 percent of the initial QS pool for BST 9,700,000 300,000

(D) 5.0 percent of the initial QS pool for PIK 1,455,000 45,000

(E) 5.0 percent of the initial QS pool for SMB 1,455,000 45,000

(F) 5.0 percent of the initial QS pool for EAG 485,000 15,000

(G) 5.0 percent of the initial QS pool for WAG 1,940,000 60,000

(H) 5.0 percent of the initial QS pool for WAI 2,910,000 90,000

(ii) Use IFQ in excess of the amount initial allocation of QS for that crab QS section and who subsequently transfers of IFQ that is yielded from the QS caps fishery. any QS to another person so that the in paragraph (b)(2)(i) of this section, (5) Any person who receives an total amount of QS held by that person unless that IFQ is yielded from QS that allocation of QS in excess of the use is less than the amount of the use caps was received by that person in the caps established in paragraph (b) of this in this paragraph will be subject to the

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00109 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63308 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

use caps established in this paragraph (ii) Directly or indirectly owns a 10 (iii) This provision does not exempt after that transfer. percent or greater interest in an entity any IPQ permit holder from any regional (6) IFQ that is used by a crab that holds PQS. processing requirements that may apply harvesting cooperative is not subject to (4) The amount of IPQ issued in any to that IPQ. the use caps in paragraph (b) of this crab fishing year shall not exceed: (6) Any person harvesting crab under section. (i) 175,000,000 raw crab pounds a Class A CVO or CVC IFQ Permit, (7) Non-individual persons holding (79,378.6 mt) in the BSS crab QS except as provided under § 680.42(c)(4), QS will be required to provide, on an fishery; must deliver that crab: annual basis, a list of persons with an (ii) 20,000,000 raw crab pounds (i) Only to RCRs with unused IPQ for ownership interest in the non- (9,071.8 mt) in the BBR crab QS fishery; the same QS fishery; individual QS holder. This list of (iii) Any amount of Class A IFQ that (ii) Only to an RCR in the region for owners shall be provided to the is issued in excess of the amount of IPQ which the QS and IFQ is designated. individual level and will include the in the BSS or BBR crab QS fisheries that (7) Any person harvesting crab under percentage of ownership held by each is not required to be delivered to an RCR a Class B IFQ, CPO IFQ, CVC IFQ, or individual. This annual submission of with unused IPQ; CPC IFQ permit may deliver that crab to information must be submitted as part (iv) The amount of Class A IFQ issued any RCR. (d) Vessel limitations. (1) Except for of the Annual Application to for Crab in excess of the amount of IPQ issued vessels that participate in a crab IFQ/IPQ Permit. A person will be in the BSS or BBR crab QS fisheries will harvesting cooperative as described considered to be a holder of QS or IFQ be issued to all Class A IFQ recipients under § 680.20 and under the provisions for purposes of applying the QS and IFQ on a pro rata basis in proportion to the described in paragraph (d)(4) of this use caps in this paragraph of that amount of Class A IFQ held by each section, no vessel may be used to person: person. (5) Before July 1, 2007, IPQ for the harvest CVO or CPO IFQ in excess of the (i) Is the sole proprietor of an entity following percentages of the TAC for that holds QS or IFQ; or BSS, BBR, PIK, SMB, and EAG crab QS fisheries may not be used to process that crab QS fishery for that crab fishing (ii) Directly or indirectly owns a 10 year: percent or greater interest in an entity crab outside the ECC in which the PQS from which that IPQ is derived. Except (i) 2.0 percent for BSS; that holds QS or IFQ. (ii) 2.0 percent for BBR; that, before July 1, 2007: (c) PQS and IPQ Use Caps. (1) A (iii) 2.0 percent for BST; (i) Ten percent of the IPQs that are person may not: (iv) 4.0 percent for PIK; issued for a crab QS fishery or an (i) Hold more than 30 percent of the (v) 4.0 percent for SMB; amount of IPQ that yields up to 500,000 (vi) 20.0 percent for EAG; initial PQS pool in any crab QS fishery raw crab pounds (226.7 mt) on an unless that person received an initial (vii) 20.0 percent for WAG; or annual basis, whichever is less, may be (viii) 20.0 percent for the WAI crab allocation of PQS in excess of this limit. leased for use in processing crab outside ° A person will not be issued PQS in QS fishery west of 179 W. long. that ECC. The amount of IPQ that is (2) CVC or CPC QS used on a vessel excess of the use caps established in this issued on an annual basis for use in that section based on PQS derived from the will not be included in determining ECC and the amount that may be leased whether a vessel use cap is met. transfer of legal processing history after outside that ECC will be established June 10, 2002. (3) An initial allocation of QS that annually and will be divided on a pro results in an initial issuance of crab QS (ii) Use IPQ in excess of the amount rata basis among all IPQ permit holders to a single person and that results in IFQ of IPQ that is yielded from the PQS caps issued IPQ for use in that ECC for that that is in excess of the vessel use caps in paragraph (C)(1)(i) of this section year; described above allows that person to unless that IPQ is yielded from PQS that (ii) IPQ in excess of the amounts catch and retain crab harvested with was received by that person in the specified in paragraph (c)(5)(i) of this that IFQ with a single vessel in excess initial allocation of PQS for that crab QS section may be used outside the ECC for of the vessel use caps as described in fishery. which that IPQ is designated if an paragraph (e)(1) of this section provided (2) A person may not use more than unavoidable circumstance prevents crab that any transfers of a valid, fully 60 percent of the IPQ issued in the BSS processing within that ECC. For transferable LLP license that resulted in crab QS fishery with a North region purposes of this section, an unavoidable the issuance of QS to that person designation during a crab fishing year. circumstance exists if the specific intent occurred prior to June 10, 2002. Any (3) Non-individual persons holding to conduct processing for a crab QS subsequent transfers of a valid, fully PQS will be required to provide, on an species in that ECC was thwarted by a transferable LLP license that resulted in annual basis, a list of persons with an circumstance that was: the issuance of QS, or any transfers of ownership interest in the non- (A) Unavoidable; QS to that person would not be individual PQS holder. This list of (B) Unique to the IPQ permit holder, exempted from these vessel use caps. owners shall be provided to the or to the processing facility used by the However, two or more persons may not individual level and will include the IPQ permit holder in that ECC; catch and retain their IFQ with one percentage of ownership held by each (C) Unforeseen and reasonably vessel in excess of these limitations. individual person. This annual unforeseeable to the IPQ permit holder; (4) A vessel use cap would not apply submission of information must be (D) The circumstance that prevented to a vessel if all of the IFQ used on that submitted as part of the Annual the IPQ permit holder from processing vessel in a crab fishing year is IFQ held Application for Crab IFQ/IPQ Permit. A crab in that ECC actually occurred; and by a crab harvesting cooperative. This person will be considered to be a holder (E) The IPQ permit holder took all exemption is forfeited if that vessel is of PQS for purposes of applying the PQS reasonable steps to overcome the used to harvest any amount of IFQ not use caps in this paragraph if that circumstance that prevented the IPQ held by a crab harvesting cooperative persons: permit holder from conducting during the same crab fishing year. (i) Is the sole proprietor of an entity processing for that crab QS fishery in (5) A person holding CVC or CPC QS that holds PQS; or that ECC. is required to be aboard the vessel upon

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00110 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63309

which their IFQ is being harvested; recovery fees collected under the prices published in the Federal Register unless the IFQ resulting from that QS corresponding RCR permit. by NMFS shall apply to all landings has been leased to a qualified person (4) Payment—(i) Payment due date. made in the same crab fishing year as under § 680.41 or has been converted An RCR permit holder must submit any the CP standard price publication and into crab cooperative IFQ under crab cost recovery fee liability shall replace any CP standard prices § 680.21. payment(s) to NMFS at the address previously provided by NMFS. (6) A person holding CVO or CPO QS provided in paragraph (a)(4)(iii) of this (iv) Determination. NMFS will does not have to be aboard the vessel section no later than July 31 of the crab calculate the CP standard prices to being used to harvest their IFQ if they fishing year following the crab fishing reflect, as closely as possible, the hold at least a 10 percent ownership year in which the payment for a CR crab previous year’s average shoreside interest in the vessel upon which the landing was made. processor price by fishery and by IFQ is to be harvested and are (ii) Payment recipient. Make payment species, and any variations in reported represented on board the vessel by a payable to NMFS. shoreside ex-vessel values of CR crab. crab IFQ hired master employed by that (iii) Payment address. Mail payment The Regional Administrator will base QS holder as authorized under § 680.4. and related documents to the CP standard prices on the following (7) Ownership of a vessel means, for Administrator, Alaska Region, NMFS; types of information: purposes of this section: Attn: Operations, Management, & (A) Landed pounds by CR crab, (i) A sole proprietor; or Information Division (OMI); P.O. Box port-group, and month; (ii) Directly or indirectly owns a 10 21668; Juneau, AK 99802-1668; (B) Total shoreside ex-vessel value by percent or greater interest in an entity Facsimile: 907-586-7354. Payments may CR crab, port-group, and month; and also be submitted electronically to that owns a vessel. (C) Price adjustments, including NMFS via forms available from RAM or retro-payments. § 680.43 Determinations and appeals. on the RAM area of the Alaska Region (4) Fee liability calculation. All RCRs See § 679.43 of this chapter. Home Page at http://www.fakr.noaa.gov/ must base all fee liability calculations ram. § 680.44 Cost recovery. (iv) Payment method. Payment must on the ex-vessel value that correlates to (a) Cost recovery fees—(1) be made in U.S. dollars by personal CR crab that is debited from a CR Responsibility. The person documented check drawn on a U.S. bank account, allocation and recorded in raw crab on the IFQ, IPQ, CDQ, RCR, Commercial money order, bank certified check, or pounds. Fisheries Entry Commission (CFEC), or credit card. (c) Crab fee percentage—(1) Default State of Alaska Commissioner’s permit (b) Ex-vessel value determination and percentage. The crab fee percentage is 3 as the permit holder at the time of a CR use—(1) General. An RCR permit holder percent of the ex-vessel value of crab crab landing must comply with the must use either the ex-vessel value unless adjusted by the Regional requirements of this section. determined for shoreside processors or Administrator by publication in the (i) Subsequent transfer of IFQ, IPQ, the ex-vessel value determined for at-sea Federal Register in accordance with CDQ, or QS does not affect the permit Catcher/Processors (CP), depending on paragraphs (c)(3) and (c)(4) of this holder’s liability for noncompliance their activity. Ex-vessel value includes section. with this section. all cash, services, or other goods-in-kind (i) The calculated crab fee percentage (ii) Non-renewal of an RCR permit exchanged for CR crab. will be divided equally between the does not affect the permit holder’s (2) Shoreside Ex-vessel value. harvesting and processing sectors. liability for noncompliance with this Shoreside processing facilities must use (ii) Catcher/processors must pay the section. the price paid at the time of purchase as full crab fee percentage determined by (2) Fee Liability determination. (i) All ex-vessel value for the purposes of the fee percentage calculation for all CR CR allocation holders and RCR permit calculating fee liability. Shoreside crab debited from a CR allocation. holders will be subject to a fee liability processing facilities must include any (2) Calculating fee percentage value. for any CR crab debited from a CR subsequent retropayments as Each year the Regional Administrator allocation during a crab fishing year. adjustments to the initial calculation of will calculate the fee percentage. (ii) Fee liability must be calculated by fee liability. (i) Factors. In making the calculations multiplying the applicable fee (3) Catcher/Processor Ex-vessel the Regional Administrator will percentage by the ex-vessel value of the value—(i) General. Catcher/processors consider the following factors: CR crab received by the RCR at the time must use the corresponding CP standard (A) The catch to which the crab cost of receipt. price(s) as published in the Federal recovery fee will apply; (iii) NMFS will provide a summary to Register as ex-vessel value for the (B) The projected ex-vessel value of all CR allocation and RCR permit purposes of calculating fee liability. that catch; holders available through a secure (ii) Duty to publish list. As part of the (C) The costs directly related to the Internet site or on request during the summary described in paragraph management and enforcement of the last quarter of the crab fishing year. The (a)(2)(iii) of this section, the Regional Crab Rationalization Program; summary will explain the fee liability Administrator will publish CP standard (D) The funds available for the Crab determination including details of raw prices in the Federal Register during the Rationalization Program in the Limited crab pounds debited from CR last quarter of each crab fishing year. Access System Administrative Fund allocations by permit, port or The CP standard prices will be (LASAF); port-group, species, date, and prices. described in U.S. dollars per raw crab (E) Nonpayment of fee liabilities. (3) Fee collection. (i) All RCRs who pound, for CR crab debited from CR (ii) Methodology. In making the receive CR crab are responsible for allocations during the previous crab calculation, the Regional Administrator submitting the cost recovery payment fishing year. will use the following methodology: for all CR crab received. (iii) Effective duration. The Regional Harvesting and Processing Sectors: [[100 × (ii) All RCRs who receive CR crab in Administrator may revise the CP (DPC ¥ AB) / V] / (1 ¥ NPR)] × 0.5 a crab fishing year must maintain and standard prices annually by publication Catcher/Processors: [100 × (DPC ¥ AB) / submit records for any crab cost in the Federal Register. CP standard V] / (1 ¥ NPR)

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00111 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63310 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

where: application. A complete application submitted to NMFS in excess of the crab DPC is the direct program costs for the shall include full payment of an cost recovery fee liability determined to Crab Rationalization Program for the applicant’s complete crab cost recovery be due by the final agency action will previous fiscal year, fee liability as reported by the RCR. be returned to the RCR permit holder AB is the projected end of the year LASAF (2) If an RCR fails to submit full unless the permit holder requests the account balance for the Crab Rationalization payment for crab cost recovery fee agency to credit the excess amount Program, and liability by the date described in against the permit holder’s future crab V is the projected ex-vessel value of the catch subject to the crab cost recovery fee paragraph (a)(4) of this section, the cost recovery fee liability. liability for the current year, and NPR is the Regional Administrator may: (f) Appeals and requests for fraction of the fee assessments that is (i) At any time thereafter send an IAD reconsideration. An RCR permit holder expected to result in nonpayment. to the RCR permit holder stating that the who receives an IAD may either appeal (3) Adjustments. During the first RCR permit holder’s estimated fee the IAD pursuant to § 679.43 or request quarter of each crab fishing year, the liability, as indicated by his or her own reconsideration. Within 60 days from Regional Administrator will consider submitted information, is the crab cost the date of issuance of the IAD, the adjusting the crab fee percentage. recovery fee liability due from the RCR Regional Administrator may undertake Consideration will be based on the permit holder. reconsideration of the IAD on his or her calculations described in paragraph (ii) Disapprove any transfer of IFQ, own initiative. If a request for (c)(2) of this section. IPQ, or QS to or from the RCR permit reconsideration is submitted or the (4) Publication. The Regional holder in accordance with § 680.41. Regional Administrator initiates Administrator will make any (3) If an RCR fails to submit full reconsideration, the 60-day period for adjustments in the crab fee percentage payment by the application deadline appeal under § 679.43 will begin anew by publication in the Federal Register. described at § 680.4(e), no IFQ or IPQ upon issuance of the Regional (5) Applicable percentage. The RCR permit will be issued to that RCR for Administrator’s reconsidered IAD. The permit holder must use the crab fee that crab fishing year. Regional Administrator may undertake percentage in effect at the time a CR (4) Upon final agency action only one reconsideration of the IAD, if crab is debited from a CR allocation to determining that an RCR permit holder any. If an RCR permit holder fails to file calculate the crab cost recovery fee has not paid his or her crab cost an appeal of the IAD pursuant to liability for such CR crab. The RCR recovery fee liability, the Regional § 679.43 or request reconsideration permit holder must use the crab fee Administrator may continue to within the time period provided, the percentage in effect at the time a CR withhold issuance of any new IFQ, IPQ, IAD will become the final agency action. crab is debited from an CR allocation to or RCR permit for any subsequent crab In any appeal or reconsideration of an calculate the crab cost recovery fee fishing years. If payment is not received IAD made under this section, an RCR liability for any retro-payments for that by the 30th day after the final agency permit holder has the burden of proving CR crab. action, the matter will be referred to the his or her claim. (d) Underpayment of fee liability. (1) appropriate authorities for purposes of (g) Fee Submission Form. An RCR Under § 680.4, an applicant will not collection. must submit an RCR Permit Holder Fee receive new IFQ, IPQ, or RCR permits (e) Over payment. Upon issuance of Submission Form according to until he or she submits a complete final agency action, any amount § 680.5(e).

TABLE 1 TO PART 680—CRAB RATIONALIZED (CR) FISHERY

Code CR Fishery Boundary Description

EAG Eastern Aleutian Islands golden (brown) king In waters of the EEZ with: crab (Lithodes aequispinus) (1) an eastern boundary the longitude of Scotch Cap Light (164°44′ W. long.) to 53°30′ N. lat., then West to 165° W. long. (2) a western boundary of 174° W. long., and (3) a northern boundary of a line from the latitude of Cape Sarichef (54°36′ N. lat.) westward to 171° W. long., then north to 55°30′ N. lat., then west to 174° W. long.

WAG Western Aleutian Islands golden (brown) king In waters of the EEZ with: crab (Lithodes aequispinus) (1) an eastern boundary the longitude 174° W. long., (2) a western boundary the maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991), and (3) a northern boundary of a line from the latitude of 55°30′ N. lat., then west to the U.S.-Russian Convention line of 1867.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00112 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63311

TABLE 1 TO PART 680—CRAB RATIONALIZED (CR) FISHERY—Continued

Code CR Fishery Boundary Description

BST Bering Sea Tanner crab (Chionoecetes In waters of the EEZ east of the maritime Boundary Agreement bairdi) Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Wash- ington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991) to 171° W. long., and then south to 54°30′N. lat. with a southern boundary of 54°36′ N. lat.

BSS Bering Sea Snow crab (Chionoecetes opilio) In waters of the EEZ east of the maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Wash- ington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991) to 171° W. long., and then south to 54°30′ N. lat. with a southern boundary of 54°36′ N.

BBR Bristol Bay red king crab (Paralithodes In waters of the EEZ with: camtshaticus) (1) a northern boundary of 58°30′ N. lat., (2) a southern boundary of 54°36′ N. lat., and (3) a western boundary of 168° W. long. and including all waters of Bristol Bay.

PIK Pribilof red king and blue king crab In waters of the EEZ with: (Paralithodes camtshaticus and Paralithodes (1) a northern boundary of 58°30′ N. lat., platypus) (2) an eastern boundary of 168° W. long., (3) a southern boundary line from 54°36′ N. lat., 168° W. long., to 54°36′ N. lat., 171° W. long., to 55°30′ N. lat., 171° W. long., to 55°30′ N. lat., 173°30′ E. lat., and then westward to the maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agree- ment Line as depicted on NOAA Chart No. 513 (6th edition, Feb- ruary 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991).

SMB St. Matthew blue king crab (Paralithodes plat- In waters of the EEZ with: ypus) (1) a northern boundary of 62° N. lat., (2) a southern boundary of 58°30′ N. lat., and (3) a western boundary of the maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991).

WAI Western Aleutian Islands red king crab In waters of the EEZ with: (Paralithodes camtshaticus) (1) an eastern boundary the longitude 179° W. long., (2) a western boundary of the maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991), and (3) a northern boundary of a line from the latitude of 55°30′ N. lat., then west to the maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991).

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00113 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63312 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

TABLE 2 TO PART 680—CRAB SPECIES CODES

Species Code Species Description

900 Box Lopholithodes mandtii

910 Dungeness Cancer magister

921 Red king crab Paralithodes camtshaticus

922 Blue king crab Paralithodes platypus

923 Golden (brown) king crab Lithodes aequispinus

924 Scarlet king crab Lithodes couesi

931 Tanner crab Chionoecetes bairdi

932 Snow crab Chionoecetes opilio

933 Grooved Tanner crab Chionoecetes tanneri

934 Triangle Tanner crab Chionoecetes angulatus

940 Korean horsehair crab Erimacrus isenbeckii

951 Multispinus crab Paralomis multispinus

953 Verrilli crab Paralomis verrilli

TABLE 3ATOPART 680—CRAB TABLE 4 TO PART 680—CRAB TABLE 5 TO PART 680—CRAB SIZE DELIVERY CONDITION CODES PROCESS CODES Size Code Description (The condition of the fish or shellfish at the point it is weighed and recorded on the Process Code Description ADF&G fish ticket) 1 Standard or large 1 Fresh sized crab or crab sections. Code Description 18 Fresh/vacuum pack 2 Smaller size crab or 01 Whole crab, live crab sections, e.g., 2 Frozen snow crab less than 79 Deadloss 4 inches. 21 Frozen/block

TABLE 3BTOPART 680—CRAB 22 Frozen/shatter pack TABLE 6 TO PART 680—CRAB GRADE DISPOSITION OR PRODUCT CODES 28 Frozen/vacuum pack Grade Code Description Code Description 3 Salted/brined 1 Standard or pre- 80 Sections mium quality crab or 6 Cooked crab sections. 95 Personal use - not sold 7 Live 2 Lower quality prod- uct, e.g., dirty 97 Other retained prod- 0 Other (specify) shelled crab or a uct (specify condi- pack that is of lower tion) quality than No. 1 crab.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00114 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63313

TABLE 7 TO PART 680—ELIGIBILITY FOR INITIAL ISSUANCE OF CRAB QS BY CRAB QS FISHERY

Column B: Qualifying Column C: Qualifying Column D: Recent Par- Column A: Crab QS Fisheries Years for CVO and Years for CVC and CPC ticipation Seasons for Column E: Subset of CPO QS QS CVC and CPC QS Qualifying Years

For each crab QS fishery the Re- CVO and CPO QS for CVC and CPC QS for In addition, each person The maximum number gional Administrator shall calculate any qualified person any qualified person receiving CVC or CPC of qualifying years that (see § 680.4(c)(2)): based on that person’s based on that person’s QS, must have made at can be used to calculate total legal landings of legal landings on the least one landing as re- QS for each QS fishery crab in each of the crab State of Alaska fish tick- corded on a State of are: QS fisheries for any: et during: Alaska fish ticket in at least 2 of the last 3 fish- ing seasons in each of the crab QS areas as those seasons are de- scribed below: 1. Eastern Aleutian Islands golden (brown) king crab (EAG) 5 years of the 5-year 3 years of the 5-year (1) September 1 1999 5 for CVO and CPO base period beginning base period beginning through October 25, QS; and 3 for CVC and on: on: 1999. CPC QS. (1) September 1, (1) September 1, (2) August 15, 2000 1996 through December 1996 through December through September 24, 25, 1996; 25, 1996; 2000. (2) September 1, (2) September 1, (3) August 15, 2001 1997 though November 1997 though November through September 10, 24, 1997; 24, 1997; 2001. (3) September 1, (3) September 1, 1998 through November 1998 through November 7, 1998; 7, 1998; (4) September 1, (4) September 1, 1999 through October 1999 through October 25, 1999; and 25, 1999; and (5) August 15, 2000 (5) August 15, 2000 through September 24, through September 24, 2000. 2000.

2. Western Aleutian Islands golden (brown) king crab (WAG) 5 years of the 5-year 3 years of the 5-year (1) September 1 1999 5 for CVO and CPO base period beginning base period beginning through August 14, QS; and 3 for CVC and on: on: 2000. CPC QS. (1) September 1, (1) September 1, (2) August 15, 2000 1996 through August 1996 through August through March 28, 31, 1997; 31, 1997; 2001. (2) September 1, (2) September 1, (3) August 15 2001 1997 though August 31, 1997 though August 31, through March 30, 1998; 1998; 2002. (3) September 1, (3) September 1, 1998 through August 1998 through August 31, 1999; 31, 1999; (4) September 1, (4) September 1, 1999 through August 1999 through August 14, 2000; and 14, 2000; and (5) August 15, 2000 (5) August 15, 2000 through March 30, through March 30, 2001. 2001.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00115 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63314 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

TABLE 7 TO PART 680—ELIGIBILITY FOR INITIAL ISSUANCE OF CRAB QS BY CRAB QS FISHERY—Continued

Column B: Qualifying Column C: Qualifying Column D: Recent Par- Column A: Crab QS Fisheries Years for CVO and Years for CVC and CPC ticipation Seasons for Column E: Subset of CPO QS QS CVC and CPC QS Qualifying Years

3. Bering Sea Tanner crab (BST) in any 2 of the last 3 4 years of the 6-year 3 years of the 6-year seasons prior to June 4 for CVO and CPO period beginning on: period beginning on: 10, 2002 in the Eastern QS;and 3 for CVC and (1) November 15, (1) November 15, Aleutian Island golden CPC QS. 1992 through March 31, 1992 through March 31, (brown) king crab, 1993; 1993; Western Aleutian Island (2) November 1, 1993 (2) November 1, 1993 golden (brown) king through November 10, through November 10, crab, Bering Sea C. 1993; 1993; opilio crab, or Bristol (3) November 20, (3) November 20, Bay red king crab fish- 1993 through January 1, 1993 through January 1, eries. 1994; 1994; (4) November 1, 1994 (4) November 1, 1994 through November 21, through November 21, 1994; 1994; (5) November 1, 1995 (5) November 1, 1995 through November 16, through November 16, 1995; and 1995; and (6) November 1, 1996 (6) November 1, 1996 through November 5, through November 5, 1996 and November 15, 1996 and November 15, 1996 through November 1996 through November 27, 1996. 27, 1996.

4. Bering Sea snow crab (BSS) 4 years of the 5-year 3 years of the 5-year (1) April 1, 2000 4 for CVO and CPO period beginning on: period beginning on: through April 8, 2000. QS; and 3 for CVC and (1) January 15, 1996 (1) January 15, 1996 (2) January 15, 2001 CPC QS. through February 29, through February 29, through February 14, 1996; 1996; 2001. (2) January 15, 1997 (2) January 15, 1997 (3) January 15, 2002 through March 21, through March 21, through February 8, 1997; 1997; 2002. (3) January 15, 1998 (3) January 15, 1998 through March 21, through March 21, 1998; 1998; (4) January 15, 1999 (4) January 15, 1999 through March 22, through March 22, 1999; and 1999; and (5) April 1, 2000 (5) April 1, 2000 through April 8, 2000. through April 8, 2000.

5. Bristol Bay red king crab (BBR) 4 years of the 5-year 3 years of the 5-year (1) October 16, 2000 4 for CVO and CPO QS base period begin- QS base period begin- through October 20, QS; and 3 for CVC and ning on: ning on: 2000. CPC QS. (1) November 1, 1996 (1) November 1, 1996 (2) October 15, 2001 through November 5, through November 5, though October 18, 1996; 1996; 2001. (2) November 1, 1997 (2) November 1, 1997 (3) October 15, 2002 through November 5, through November 5, though October 18, 1997; 1997; 2002. (3) November 1, 1998 (3) November 1, 1998 through November 6, through November 6, 1998; 1998; (4) October 15, 1999 (4) October 15, 1999 through October 20, through October 20, 1999; and 1999; and (5) October 16, 2000 (5) October 16, 2000 through October 20, through October 20, 2000. 2000.

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00116 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63315

TABLE 7 TO PART 680—ELIGIBILITY FOR INITIAL ISSUANCE OF CRAB QS BY CRAB QS FISHERY—Continued

Column B: Qualifying Column C: Qualifying Column D: Recent Par- Column A: Crab QS Fisheries Years for CVO and Years for CVC and CPC ticipation Seasons for Column E: Subset of CPO QS QS CVC and CPC QS Qualifying Years

6. Pribilof red king and blue king in any 2 of the last 3 crab (PIK) 4 years of the 5-year 3 years of the 5-year seasons prior to June 4 for CVO and CPO period beginning on: period beginning on: 10, 2002 in the Eastern QS; and 3 for CVC and (1) September 15, (1) September 15, Aleutian Island golden CPC QS. 1994 through Sep- 1994 through Sep- (brown) king crab, tember 21, 1994; tember 21, 1994; Western Aleutian Island (2) September 15, (2) September 15, golden (brown) king 1995 through Sep- 1995 through Sep- crab, Bering Sea C. tember 22, 1995; tember 22, 1995; opilio crab, or Bristol (3) September 15, (3) September 15, Bay red king crab fish- 1996 through Sep- 1996 through Sep- eries, except that per- tember 26, 1996; tember 26, 1996; sons applying for an al- (4) September 15, (4) September 15, location to receive QS 1997 through Sep- 1997 through Sep- based on legal landings tember 29, 1997; and tember 29, 1997; and made aboard a vessel (5) September 15, (5) September 15, less than 60′ LOA at the 1998 through Sep- 1998 through Sep- time of harvest are ex- tember 28, 1998. tember 28, 1998. empt from this require- ment.

7. St. Matthew blue king crab in any 2 of the last 3 (SMB) 4 years of the 5-year 3 years of the 5-year seasons prior to June 4 for CVO and CPO period beginning on: period beginning on: 10, 2002 in the Eastern QS; and 3 for CVC and (1) September 15, (1) September 15, Aleutian Island golden CPC QS. 1994 through Sep- 1994 through Sep- (brown) king crab, tember 22, 1994; tember 22, 1994; Western Aleutian Island (2) September 15, (2) September 15, golden (brown) king 1995 through Sep- 1995 through Sep- crab, Bering Sea C. tember 20, 1995; tember 20, 1995; opilio crab, or Bristol (3) September 15, (3) September 15, Bay red king crab fish- 1996 through Sep- 1996 through Sep- eries. tember 23, 1996; tember 23, 1996; (4) September 15, (4) September 15, 1997 through Sep- 1997 through Sep- tember 22, 1997; and tember 22, 1997; and (5) September 15, (5) September 15, 1998 through Sep- 1998 through Sep- tember 26, 1998. tember 26, 1998.

8. Western Aleutian Islands red in any 2 of the last 3 king crab (WAI) 3 years of the 4-year 3 years of the 4-year seasons prior to June 3 for CVO and CPO period beginning on: period beginning on: 10, 2002 in the Eastern QS; and 3 for CVC and (1) November 1, 1992 (1) November 1, 1992 Aleutian Island golden CPC QS. through January 15, through January 15, (brown) king crab, 1993; 1993; Western Aleutian Island (2) November 1, 1993 (2) November 1, 1993 golden (brown) king through February 15, through February 15, crab, Bering Sea C. 1994; 1994; opilio crab, or Bristol (3) November 1, 1994 (3) November 1, 1994 Bay red king crab fish- through November 28, through November 28, eries. 1994; and 1994; and (4) November 1, 1995 (4) November 1, 1995 through February 13, through February 13, 1996. 1996.

TABLE 8 TO PART 680—INITIAL QS AND PQS POOL FOR EACH CRAB QS FISHERY

Crab QS Fishery Initial QS Pool Initial PQS Pool

EAG - Eastern Aleutian Islands golden king crab 10,000,000 10,000,000

WAG - Western Aleutian Islands golden (brown) king crab 40,000,000 40,000,000

BST - Bering Sea Tanner crab C. bairdi 200,000,000 200,000,000

BSS - Bering Sea snow crab C. opilio 1,000,000,000 1,000,000,000

BBR - Bristol Bay red king crab 400,000,000 400,000,000

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00117 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 63316 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules

TABLE 8 TO PART 680—INITIAL QS AND PQS POOL FOR EACH CRAB QS FISHERY—Continued

Crab QS Fishery Initial QS Pool Initial PQS Pool

PIK - Pribilof Islands red and blue king crab 30,000,000 30,000,000

SMB - St. Matthew blue king crab 30,000,000 30,000,000

WAI - Western Aleutian Islands red king crab 60,000,000 60,000,000

TABLE 9 TO PART 680—ELIGIBILITY FOR INITIAL ISSUANCE OF CRAB PQS BY CRAB QS FISHERY

Column A: For each crab QS fishery the Regional Ad- Column B: PQS for any qualified person based on that person’s total legal processing of crab in each of the ministrator shall calculate: crab QS fisheries for any...

Eastern Aleutian Island gold- 4 years of the 4-year base period beginning on: en (brown) king crab (EAG) (1) September 1, 1996 through December 25, 1996; (2) September 1, 1997 though November 24, 1997; (3) September 1, 1998 through November 7, 1998; and (4) September 1, 1999 through October 25, 1999.

Western Aleutian Island 4 years of the 4-year base period beginning on: golden (brown) king crab (1) September 1, 1996 through August 31, 1997; (WAG) (2) September 1, 1997 though August 31, 1998; (3) September 1, 1998 through August 31, 1999; and (4) September 1, 1999 through August 14, 2000.

Bering Sea C. bairdi crab Equivalent to 50 percent of the total legally processed crab in the Bering Sea C. opilio fishery during the quali- (BST) fying years established for the QS fishery; and 50 percent of the totally legally processed crab in the Bristol Bay red king crab fishery during the qualifying years established for that crab QS fishery.

Bering Sea C. opilio crab 3 years of the 3-year period beginning on: (BSS) (1) January 15, 1997 through March 21, 1997; (2) January 15, 1998 through March 21, 1998; and (3) January 15, 1999 through March 22, 1999.

Bristol Bay red king crab 3 years of the 3-year QS base period beginning on: (BBR) (1) November 1, 1997 through November 5, 1997; (2) November 1, 1998 through November 6, 1998; and (3) October 15, 1999 through October 20, 1999.

Pribilof Islands red and blue 3 years of the 3-year period beginning on: king crab (PIK) (1) September 15, 1996 through September 26, 1996; (2) September 15, 1997 through September 29, 1997; and (3) September 15, 1998 through September 28, 1998.

St. Matthew blue king crab 3 years of the 3-year period beginning on: (SMB) (1) September 15, 1996 through September 23, 1996; (2) September 15, 1997 through September 22, 1997; and (3) September 15, 1998 through September 26, 1998.

Western Aleutian Islands red Equivalent to the total legally processed crab in the Western Aleutian Islands golden (brown) king crab fishery king crab (WAI) during the qualifying years established for that crab QS fishery.

[FR Doc. 04–24103 Filed 10–28–04; 8:45 am] BILLING CODE 3510–22–S

VerDate jul<14>2003 15:56 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00118 Fmt 4701 Sfmt 4702 E:\FR\FM\29OCP2.SGM 29OCP2 i

Reader Aids Federal Register Vol. 69, No. 209 Friday, October 29, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 611...... 60283 Executive orders and proclamations 741–6000 906...... 62175 Proclamations: The United States Government Manual 741–6000 922...... 62177 7822...... 59539 923...... 62177 Other Services 7823...... 59759 930...... 61589 Electronic and on-line services (voice) 741–6020 7824...... 60275 984...... 63043 Privacy Act Compilation 741–6064 7825...... 60277 985...... 61755 Public Laws Update Service (numbers, dates, etc.) 741–6043 7826...... 60279 987...... 60947 TTY for the deaf-and-hard-of-hearing 741–6086 7827...... 60789 1206...... 59120 7828...... 60793 1720...... 63045 ELECTRONIC RESEARCH 7829...... 61135 1730...... 60537 World Wide Web 7830...... 61137 1776...... 59764 7831...... 61141 1783...... 59770 Full text of the daily Federal Register, CFR and other publications 7832...... 61727 3402...... 62536 is located at: http://www.gpoaccess.gov/nara/index.html 7833...... 61729 Proposed Rules: Federal Register information and research tools, including Public 7834...... 61989 304...... 60567 Inspection List, indexes, and links to GPO Access are located at: 7835...... 62387 319...... 62823 http://www.archives.gov/federallregister/ 7836...... 62389 360...... 62419 E-mail 7837...... 62801 457...... 60320 923...... 59551 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Executive Orders: 932...... 62829 an open e-mail service that provides subscribers with a digital 13173 (Amended by 1032...... 61323 form of the Federal Register Table of Contents. The digital form 13359) 13359...... 62391 1280...... 61159 of the Federal Register Table of Contents includes HTML and 1755...... 61609 PDF links to the full text of each document. 13359...... 62391 13360...... 62549 1776...... 59836 To join or leave, go to http://listserv.access.gpo.gov and select Administrative Orders: 1783...... 59836 Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandums: 4280...... 59650 (orchange settings); then follow the instructions. Memorandum of 8 CFR PENS (Public Law Electronic Notification Service) is an e-mail October 21, 2004 ...... 63039 service that notifies subscribers of recently enacted laws. Presidential 214...... 60939 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Determinations: 9 CFR No. 2004-53 of and select Join or leave the list (or change settings); then follow 52...... 60542 September 30, the instructions. 317...... 58799 2004 ...... 60943 FEDREGTOC-L and PENS are mailing lists only. We cannot 381...... 58799 No. 2004-54 of respond to specific inquiries. September 30, 10 CFR Reference questions. Send questions and comments about the 2004 ...... 60945 2...... 62393 Federal Register system to: [email protected] No. 2005-01 of 50...... 58804 The Federal Register staff cannot interpret specific documents or October 7, 2004 ...... 62793 72...... 61592 regulations. No. 2005-02 of 73...... 58820 October 14, 2004 ...... 62795 431 ...... 61916, 61949, 61962, FEDERAL REGISTER PAGES AND DATE, OCTOBER No. 2005-03 of 61974 October 16, 2004 ...... 62797 Proposed Rules: 58799–59118...... 1 No. 2005–04 of 35...... 62831 59119–59540...... 4 October 20, 2004 ...... 63037 110...... 60567 59541–59758...... 5 Notices: 59759–60076...... 6 Notice of October 19, 11 CFR 60077–60282...... 7 2004 ...... 61733 104...... 59775 60283–60536...... 8 110...... 59775 60537–60794...... 12 5 CFR 60795–60942...... 13 591...... 59761 12 CFR 60943–61142...... 14 730...... 61143 204...... 60543 61143–61300...... 15 1201...... 61991 210...... 62553 61301–61438...... 18 Proposed Rules: 308...... 61301 61439–61576...... 19 550...... 60097 335...... 59780 61577–61734...... 20 701...... 62561 61735–61990...... 21 7 CFR 723...... 62563 61991–62174...... 22 6...... 59763 747...... 60077 62175–62392...... 25 60...... 59708 Proposed Rules: 62393–62552...... 26 301...... 59119, 60537 615...... 62226 62553–62802...... 27 319...... 61577, 61735 62803–63040...... 28 322...... 61735 14 CFR 63041–63316...... 29 457...... 62803, 63041 13...... 59490

VerDate jul 14 2003 18:26 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\29OCCU.LOC 29OCCU ii Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Reader Aids

23...... 58822 232...... 60287 29 CFR 5...... 59072, 61915 25 ...... 60795, 60797, 61991, 240...... 60287 4022...... 61150 20...... 62229 62394, 62778 249...... 60287 4044...... 61150 39 ...... 58824, 58826, 58828, Proposed Rules: 39 CFR Proposed Rules: 59541, 59788, 59790, 60081, 171...... 62226 1910...... 59306 20...... 59545 60799, 60801, 60802, 60804, 228...... 59094, 62426 1915...... 59306 111 ...... 59139, 59545, 62578 60807, 60809, 60949, 60952, 229...... 59094, 62426 1917...... 59306 501...... 60090, 61085 60954, 61144, 61305, 61758, 232...... 59094, 62426 1918...... 59306 Proposed Rules: 61993, 62179, 62396, 62399, 240...... 59094, 62426 1926...... 59306 111...... 62635 62400, 62566, 62567, 62570, 249...... 59094, 62426 2700...... 62632 62571, 62803, 62805, 62807, 270...... 59094, 62426 40 CFR 2701...... 62632 63053, 63054 18 CFR 2702...... 62632 35...... 59810 61...... 62809 52 ...... 59546, 59812, 60962, Proposed Rules: 2704...... 62632 71 ...... 59129, 59303, 60284, 61762, 61766, 62210, 62583, 35...... 61180 60285, 60286, 60956, 61439, 30 CFR 62585, 62588, 62589, 62591, 61760, 62401, 62402, 62403, 19 CFR 914...... 58830 63066, 63069, 63072 62404, 63055, 63056, 63057, 191...... 60082 Proposed Rules: 60...... 61762 63059, 63060, 63066, 63062, 62...... 63075 Proposed Rules: 906...... 58873 63063 63...... 58837, 60813 133...... 59562, 60936 91...... 59752, 60534 31 CFR 81 ...... 61766, 62210, 62591, 95...... 61997 20 CFR 63072 97...... 61146, 61592 240...... 61564 404...... 60224, 61594 Proposed Rules: 131...... 63079 121...... 62778 180 ...... 60820, 61599, 62596, 150...... 61438 408...... 60224 344...... 62229 416...... 60224, 61594 62602, 63083 Proposed Rules: 32 CFR 261...... 60557 39 ...... 59147, 59148, 59151, 21 CFR 262...... 62217 59153, 59557, 59559, 59837, 199...... 60547 14...... 62810 271 ...... 59139, 60091, 60964, 60098, 60100, 60104, 60106, 322...... 62407 74...... 60307 63100 60568, 60971, 61611, 62003, 706 ...... 61311, 61312, 61313, 350...... 61148 300...... 58839 62005, 62421, 62424, 62623, 61314, 61316, 61597 510 ...... 60811, 62406, 62810 Proposed Rules: 62625, 62627, 62629, 63104, 1910...... 63064 520 ...... 59131, 60547, 62180, 9...... 60320 63106 62406, 62810 33 CFR 23...... 60320 71 ...... 58859, 59756, 62832, 522...... 60308, 62406 50...... 63111 63109 100 ...... 59793, 59795, 59797, 524...... 62181 61440, 61442, 62574 52 ...... 59572, 59839, 60328, 73...... 58860 529...... 61761, 61999 60974, 62636, 62637, 63112 93...... 61708 117 ...... 59135, 59136, 60555, 556...... 60308 62...... 63113 95...... 61128 63064 558...... 60547, 62406 63...... 60837 97...... 59756 151...... 60309 888...... 59132 81...... 60328, 62637 201...... 62833 165 ...... 58833, 58834, 59136, 271...... 60975 203...... 62833 Proposed Rules: 59799, 59801, 59803, 59806, 16...... 60108 81...... 60328 205...... 62833 59808, 62408, 62574 118...... 60108 163...... 60320 215...... 62833 Proposed Rules: 361...... 59569 177...... 60320 298...... 62833 110...... 60592 178...... 60320 380...... 62833 117 ...... 60595, 60597, 61445, 22 CFR 179...... 60320 385...... 62833 61770, 63109 51...... 60811, 61597 180...... 59843, 60320 389...... 62833 165...... 60600, 62427 202...... 61716 261...... 59156 15 CFR 205...... 61716 34 CFR 262...... 62237 211...... 61716 730...... 60545 Proposed Rules: 271 ...... 59165, 60110, 60975 226...... 61716 75...... 61556 734...... 60545 42 CFR 744...... 59303 23 CFR 76...... 61556 746...... 60545 108...... 61556 71...... 59144 Proposed Rules: 225...... 62008 403...... 60242 770...... 60545 655...... 62007 772...... 60545 412...... 60242 658...... 62426 36 CFR 774...... 60545 413...... 60242 418...... 60242 Proposed Rules: 24 CFR 242...... 60957 732...... 60829 Proposed Rules: 460...... 60242 7...... 62172 480...... 60242 736...... 60829 954...... 62164 1270...... 58875 740...... 60829 482...... 60242 1003...... 62164 37 CFR 744...... 60829 483...... 60242 752...... 60829 25 CFR 2...... 59809 484...... 62124 485...... 60242 764...... 60829 170...... 60957 202...... 62411 772...... 60829 270...... 59648 489...... 60242 26 CFR 904...... 60569 Proposed Rules: 43 CFR 995...... 61165 1 ...... 60222, 61309, 61761, 252...... 61325 996...... 61172 62181 257...... 61325 Proposed Rules: 602...... 61309, 62181 259...... 61325 10...... 61613 16 CFR Proposed Rules: 38 CFR 44 CFR 305...... 62180 1...... 58873, 62631 Proposed Rules: 25...... 62228, 62631 1...... 60083, 62188 64...... 60309, 61444 642...... 58861 48...... 59572 2...... 62188 67...... 61445 698...... 58861 301...... 62229 3...... 60083 Proposed Rules: 17...... 62204 67 ...... 61457, 61460, 62013 17 CFR 28 CFR 21 ...... 62205, 62206, 62209 1...... 59544 Proposed Rules: Proposed Rules: 45 CFR 211...... 59130 16...... 61323 3...... 62229 303...... 62413

VerDate jul 14 2003 18:26 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\29OCCU.LOC 29OCCU Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Reader Aids iii

2251...... 60094 90...... 59500, 60561 53...... 59699 571 ...... 58843, 59146, 60316, 2252...... 60094 101...... 59145, 62615 1852...... 60967 60563, 60968, 61154, 61322 2253...... 60094 Proposed Rules: 1853...... 60967 1002...... 58855 Proposed Rules: 0...... 59166 1872...... 60967 Proposed Rules: Ch. XXV...... 60603 2...... 59166 Proposed Rules: 192...... 61771 54...... 61334 1511...... 59843 195...... 61771 46 CFR 64...... 61184 1552...... 59843 386...... 61617 232...... 61448 73 ...... 60344, 60346, 60604, 2101...... 59166 281...... 61448 60605, 61615, 61616, 61617 2102...... 59166 50 CFR 287...... 61448 76...... 61193 2103...... 59166 295...... 61448 101...... 59166 2104...... 59166 17 ...... 59996, 62415, 62944 298...... 61448 2105...... 59166 100...... 60957 310 ...... 61448, 61452, 61605 48 CFR 2109...... 59166 222...... 61155 355...... 61448 Ch. 1...... 59698, 59699, 60967 2110...... 59166 223...... 61155 380...... 61448 1...... 59699 2115...... 59166 300...... 59303 390...... 61448 5...... 59700 2116...... 59166 622...... 62000, 62818 7...... 59701 2131...... 59166 648 ...... 59550, 59815, 60565, 47 CFR 11...... 59701 2132...... 59166 62001, 62818 0...... 59145 12...... 59700 2137...... 59166 660 ...... 59816, 61157, 61768 1 ...... 58840, 59145, 61317 13 ...... 59699, 59700, 59701 2144...... 59166 679 ...... 59834, 59835, 60566, 15...... 59500, 62615 14...... 59700, 59703 2146...... 59166 60828, 60970, 61607 27...... 59500 15...... 59701 2149...... 59166 Proposed Rules: 43...... 62225 17...... 59700 2152...... 59166 17 ...... 58876, 59844, 59859, 54...... 59145, 61999 19...... 59699, 59700 60110, 60134, 60138, 60605, 64 ...... 60311, 61152, 62225, 22...... 59700 49 CFR 60706, 61461, 61774, 62238 62811, 62816 25...... 59700 1...... 60562 216...... 63114, 63122 73 ...... 58840, 59500, 60316, 33...... 59700 171...... 58841 300...... 63122 60560, 60561, 62225, 62817 36...... 59699 173...... 58841 648...... 62844 74...... 62615 39...... 59702 221...... 62817 679...... 63200 78...... 62615 52 ...... 59700, 59703, 60967 235...... 62817 680...... 63200

VerDate jul 14 2003 18:26 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\29OCCU.LOC 29OCCU iv Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Reader Aids

REMINDERS Check processing operations Guaranteed Loan, and comments until further The items in this list were restructuring; Direct Loan Program; notice; published 10-21- editorially compiled as an aid amendments; published 9- comments due by 11-4- 04 [FR 04-17730] to Federal Register users. 28-04 04; published 10-5-04 ENERGY DEPARTMENT Inclusion or exclusion from HOMELAND SECURITY [FR 04-22093] Federal Energy Regulatory this list has no legal DEPARTMENT AGRICULTURE Commission significance. Coast Guard DEPARTMENT Electric rate and corporate Drawbridge operations: Rural Utilities Service regulation filings: RULES GOING INTO Florida; published 9-3-04 Grants: Virginia Electric & Power EFFECT OCTOBER 29, Household Water Well Co. et al.; Open for 2004 System Program; comments until further RULES GOING INTO comments due by 11-5- notice; published 10-1-03 EFFECT OCTOBER 31, 04; published 10-6-04 [FR AGRICULTURE [FR 03-24818] 2004 04-22447] DEPARTMENT Practice and procedure: Federal Crop Insurance Revolving Fund Program; Regional transmission Corporation TRANSPORTATION revolving funds for organizations and Crop insurance regulations: DEPARTMENT financing water and independent system wastewater projects; Pecans Surface Transportation operators; financial Board comments due by 11-5- reporting, cost accounting, Correction; published 10- 04; published 10-6-04 [FR 29-04 Fees: oversight, and recovery 04-22445] practices; comments due ENVIRONMENTAL Licensing and related COMMERCE DEPARTMENT by 11-4-04; published 9- PROTECTION AGENCY services— National Oceanic and 29-04 [FR 04-21760] Air programs: 2004 update; published Atmospheric Administration Ambient air quality 10-1-04 ENVIRONMENTAL standards, national— Fishery conservation and PROTECTION AGENCY management: Air quality implementation Idaho; ozone monitoring COMMENTS DUE NEXT season; published 8-30- Alaska; fisheries of plans; approval and 04 WEEK Exclusive Economic promulgation; various Hazardous waste program Zone— States: authorizations: AGRICULTURE Bering Sea and Aleutian Arizona; comments due by Indiana; published 10-29-04 DEPARTMENT Islands king and tanner 11-1-04; published 9-30- Pesticides; tolerances in food, Agricultural Marketing crab; comments due by 04 [FR 04-21824] animal feeds, and raw Service 11-1-04; published 9-1- Colorado; comments due by agricultural commodities: Cherries (sweet) grown in— 04 [FR 04-19971] 11-1-04; published 9-30- West Coast States and Pyraclostrobin; published 10- Washington; comments due 04 [FR 04-21926] Western Pacific 29-04 by 11-4-04; published 10- New York; comments due fisheries— Water programs: 5-04 [FR 04-22303] by 11-5-04; published 10- Pacific Coast groundfish; 6-04 [FR 04-22484] Water quality standards— Cotton classing, testing and comments due by 11-1- Alaska, Arkansas, and standards: Virginia; comments due by 04; published 10-6-04 11-5-04; published 10-6- Puerto Rico; water Classification services to [FR 04-22477] 04 [FR 04-22359] quality criteria growers; 2004 user fees; COURT SERVICES AND withdrawn; published Open for comments until Wisconsin; comments due OFFENDER SUPERVISION 10-29-04 further notice; published by 11-4-04; published 10- AGENCY FOR THE EXECUTIVE OFFICE OF THE 5-28-04 [FR 04-12138] 5-04 [FR 04-22250] DISTRICT OF COLUMBIA PRESIDENT Lamb promotion, research, Environmental statements; Central Intelligence Agency Semi-annual agenda; Open for availability, etc.: and information; referendum; comments until further Debarment and suspension comments due by 11-4-04; Coastal nonpoint pollution procedures; published 10- notice; published 12-22-03 control program— published 10-15-04 [FR 04- [FR 03-25121] 29-04 23110] Minnesota and Texas; DEFENSE DEPARTMENT NATIONAL CREDIT UNION AGRICULTURE Open for comments Acquisition regulations: ADMINISTRATION DEPARTMENT until further notice; Credit unions: Ownership by contractor; published 10-16-03 [FR Animal and Plant Health Fixed assets; Federal credit patent rights; comments 03-26087] Inspection Service union ownership; due by 11-1-04; published Hazardous waste program published 9-29-04 Animal welfare: 9-30-04 [FR 04-21853] authorizations: Birds, rats, and mice; Federal Acquisition Regulation Nebraska; comments due by RULES GOING INTO regulations and standards; (FAR): 11-3-04; published 10-4- EFFECT OCTOBER 30, comments due by 11-1- SDB and HUBZone price 04 [FR 04-22252] 04; published 7-21-04 [FR evaluation factor; Pesticide programs: 2004 04-16541] applicability; comments Pesticides use under AGRICULTURE AGRICULTURE due by 11-1-04; published emergency conditions; DEPARTMENT DEPARTMENT 9-2-04 [FR 04-20003] emergency exemption Agricultural Marketing Rural Business-Cooperative ENERGY DEPARTMENT process; revisions; Service Service Energy Efficiency and comments due by 11-2- Walnuts grown in— Special programs: Renewable Energy Office 04; published 9-3-04 [FR California; published 10-29- Farm Security and Rural Commercial and industrial 04-20038] 04 Investment Act of 2002; equipment; energy efficiency Solid wastes: FEDERAL RESERVE implementation— program: Hazardous waste SYSTEM Renewable Energy Test procedures and identification and listing— Availability of funds and Systems and Energy efficiency standards— Exclusions; comments due collection of checks Efficiency Commercial packaged by 11-3-04; published (Regulation CC): Improvements, Grant, boilers; Open for 10-4-04 [FR 04-22235]

VerDate jul 14 2003 18:26 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\29OCCU.LOC 29OCCU Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Reader Aids v

Water pollution; effluent Evaluating safety of year status review; comments due by 11-4-04; guidelines for point source antimicrobial new animal comments due by 10- published 10-5-04 [FR 04- categories: drugs with regard to their 31-04; published 7-21- 22376] Meat and poultry products microbiological effects on 04 [FR 04-16549] Airworthiness directives: processing facilities; Open bacteria of human health JUSTICE DEPARTMENT Airbus; comments due by for comments until further concern; Open for Prisons Bureau 11-1-04; published 10-5- notice; published 9-8-04 comments until further Inmate control, custody, care, 04 [FR 04-22356] [FR 04-12017] notice; published 10-27-03 etc.: Boeing; comments due by FARM CREDIT [FR 03-27113] Over-the-counter (OTC) 11-5-04; published 9-21- ADMINISTRATION Medical devices— medications; inmate 04 [FR 04-21176] Farm credit system: Dental noble metal alloys access Bombardier; comments due Administrative expenses; and base metal alloys; Correction; comments due by 11-1-04; published 9-2- loan policies and Class II special by 11-2-04; published 04 [FR 04-20014] operations, funding and controls; Open for 9-3-04 [FR 04-20097] Gulfstream Aerospace; fiscal affairs; disclosure to comments until further NATIONAL AERONAUTICS comments due by 11-3- shareholders; capital notice; published 8-23- AND SPACE 04; published 10-4-04 [FR adequacy risk-weighting— 04 [FR 04-19179] ADMINISTRATION 04-22193] Capital standards and HOMELAND SECURITY Federal Acquisition Regulation Hoffmann Propeller GmbH & requirements; comments DEPARTMENT (FAR): Co KG; comments due by due by 11-4-04; Customs and Border SDB and HUBZone price 11-1-04; published 9-2-04 published 8-6-04 [FR Protection Bureau evaluation factor; [FR 04-19829] applicability; comments 04-17570] Enforcement procedures to McDonnell Douglas; due by 11-1-04; published prevent the importation of comments due by 11-2- FEDERAL 9-2-04 [FR 04-20003] COMMUNICATIONS piratical articles; copyrights 04; published 9-3-04 [FR COMMISSION recordation; comments due NUCLEAR REGULATORY 04-20015] COMMISSION Common carrier services: by 11-4-04; published 10-5- McDonnell Douglas; 04 [FR 04-22334] Environmental statements; correction; comments due Individuals with hearing and availability, etc.: speech disabilities; HOMELAND SECURITY by 11-2-04; published 9- Fort Wayne State 21-04 [FR C4-20015] telecommunications relay DEPARTMENT Developmental Center; and speech-to-speech Coast Guard Raytheon; comments due by Open for comments until 11-2-04; published 9-14- services; comments due Anchorage regulations: further notice; published by 11-1-04; published 9-1- 04 [FR 04-20688] Maryland; Open for 5-10-04 [FR 04-10516] 04 [FR 04-19955] Airworthiness standards: comments until further SECURITIES AND Special conditions— Common carriers: notice; published 1-14-04 EXCHANGE COMMISSION Individuals with hearing and [FR 04-00749] Electronic Data Gathering, Raytheon Model King Air 200, 300, and B300 speech disabilities; Drawbridge operations: Analysis, and Retrieval telecommunications relay airplanes; comments New Jersey; comments due System (EDGAR): and speech-to-speech eXtensible Business due by 11-1-04; services by 11-5-04; published 8- published 10-1-04 [FR 10-04 [FR 04-18204] Reporting Language Correction; comments due Voluntary Financial 04-22019] by 11-1-04; published HOMELAND SECURITY Reporting Program; Class D and E airspace; 9-17-04 [FR 04-21006] DEPARTMENT financial information data comments due by 11-1-04; Television broadcasting: United States Visitor and tagging; comments due by published 9-24-04 [FR 04- Cable Television Consumer Immigrant Status Indicator 11-1-04; published 10-1- 21529] Protection Act— Technology Program (US- 04 [FR 04-22034] Class E airspace; comments VISIT): due by 11-1-04; published Cable television inside SMALL BUSINESS 9-24-04 [FR 04-21530] wiring rules; comments Biometric data collection ADMINISTRATION due by 11-5-04; from additional travelers; Disaster loan areas: TRANSPORTATION published 10-15-04 [FR expansion to 50 most Maine; Open for comments DEPARTMENT 04-23186] highly trafficked land until further notice; National Highway Traffic border ports of entry; published 2-17-04 [FR 04- Safety Administration GENERAL SERVICES comments due by 11-1- ADMINISTRATION 03374] Motor vehicle safety 04; published 8-31-04 [FR OFFICE OF UNITED STATES standards: Federal Acquisition Regulation 04-19906] (FAR): TRADE REPRESENTATIVE Power-operated window, Correction; comments due Trade Representative, Office SDB and HUBZone price partition, and roof panel by 11-1-04; published of United States systems; comments due evaluation factor; 9-2-04 [FR 04-20126] applicability; comments Generalized System of by 11-1-04; published 9- due by 11-1-04; published INTERIOR DEPARTMENT Preferences: 15-04 [FR 04-20714] 9-2-04 [FR 04-20003] Fish and Wildlife Service 2003 Annual Product TREASURY DEPARTMENT Endangered and threatened Review, 2002 Annual Fiscal Service HEALTH AND HUMAN Country Practices Review, species permit applications Treasury certificates of SERVICES DEPARTMENT and previously deferred Recovery plans— indebtedness, notes, and Food and Drug product decisions; bonds; State and local Administration Paiute cutthroat trout; petitions disposition; Open government series Human drugs: Open for comments for comments until further securities; comments due by Nasal decongestant drug until further notice; notice; published 7-6-04 11-1-04; published 9-30-04 products (OTC); final published 9-10-04 [FR [FR 04-15361] 04-20517] [FR 04-21909] monograph amendment; TRANSPORTATION comments due by 11-1- Endangered and threatened DEPARTMENT TREASURY DEPARTMENT 04; published 8-2-04 [FR species: Federal Aviation Internal Revenue Service 04-17445] Findings on petitions, etc.— Administration Income taxes: Reports and guidance Lost River sucker and Airspace designations; Controlled foreign documents; availability, etc.: shortnose sucker; 5- incorporation by reference; corporations’ subpart F

VerDate jul 14 2003 18:26 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\29OCCU.LOC 29OCCU vi Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Reader Aids

income; U.S. reporting and recordkeeping may be used in conjunction S. 2195/P.L. 108–358 shareholder’s pro rata requirements: with ‘‘PLUS’’ (Public Laws Anabolic Steroid Control Act share; determination Bank Secrecy Act; Update Service) on 202–741– of 2004 (Oct. 22, 2004; 118 guidance; comments due implementation— 6043. This list is also Stat. 1661) by 11-4-04; published 8-6- First Merchant Bank OSH available online at http:// 04 [FR 04-17907] Ltd., et al.; special www.archives.gov/ Last List October 25, 2004 Labor and personal measures imposition federal—register/public—laws/ services; source of due to designation as public—laws.html. institution of primary compensation; comments The text of laws is not money laundering Public Laws Electronic due by 11-4-04; published published in the Federal concern; comments due 8-6-04 [FR 04-17813] Register but may be ordered Notification Service by 11-1-04; published Qualified dividend income; in ‘‘slip law’’ (individual (PENS) 9-30-04 [FR 04-21879] time and manner of pamphlet) form from the Infobank; special making election to treat Superintendent of Documents, measures imposition as investment income; U.S. Government Printing PENS is a free electronic mail due to designation as cross reference; Office, Washington, DC 20402 notification service of newly institution of primary comments due by 11-3- (phone, 202–512–1808). The enacted public laws. To money laundering 04; published 8-5-04 [FR text will also be made subscribe, go to http:// concern; comments due 04-17797] available on the Internet from listserv.gsa.gov/archives/ by 11-1-04; published GPO Access at http:// publaws-l.html Section 179 elections; cost 9-30-04 [FR 04-21878] of property expense; www.gpoaccess.gov/plaws/ comments due by 11-2- index.html. Some laws may Note: This service is strictly 04; published 8-4-04 [FR LIST OF PUBLIC LAWS not yet be available. for E-mail notification of new 04-17540] laws. The text of laws is not This is a continuing list of H.R. 4520/P.L. 108–357 available through this service. TREASURY DEPARTMENT public bills from the current American Jobs Creation Act of PENS cannot respond to Currency and foreign session of Congress which 2004 (Oct. 22, 2004; 118 Stat. specific inquiries sent to this transactions; financial have become Federal laws. It 1418) address.

VerDate jul 14 2003 18:26 Oct 28, 2004 Jkt 205001 PO 00000 Frm 00006 Fmt 4712 Sfmt 4711 E:\FR\FM\29OCCU.LOC 29OCCU