7–27–04 Tuesday Vol. 69 No. 143 July 27, 2004

Pages 44575–44892

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i II Federal Register / Vol. 69, No. 143 / Tuesday, July 27, 2004

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Contents Federal Register Vol. 69, No. 143

Tuesday, July 27, 2004

Agriculture Department Environmental Protection Agency See Farm Service Agency RULES See Federal Crop Insurance Corporation Air quality implementation plans; approval and See Forest Service promulgation; various States; air quality planning See Grain Inspection, Packers and Stockyards purposes; designation of areas: Administration Alaska, 44601–44607 Air quality implementation plans; approval and Army Department promulgation; various States: See Engineers Corps California, 44599–44601 PROPOSED RULES Coast Guard Air quality implementation plans; approval and RULES promulgation; various States; air quality planning Ports and waterways safety: purposes; designation of areas: Safety and security zones, etc.; list of temporary Alaska, 44632 Air quality implementation plans; approval and regulations, 44597–44599 NOTICES promulgation; various States: Agency information collection activities; proposals, California, 44631–44632 submissions, and approvals, 44670–44672 Executive Office of the President Committees; establishment, renewal, termination, etc.: See Presidential Documents Chemical Transportation Advisory Committee, 44672 Drawbridge operations: Farm Service Agency Louisiana, 44672–44673 RULES Special programs: Commerce Department Guaranteed farm loan program, 44576–44580 See Foreign-Trade Zones Board See International Trade Administration Federal Aviation Administration See National Oceanic and Atmospheric Administration RULES See Patent and Trademark Office Air carrier certification and operations: Light-sport aircraft, 44771–44882 Defense Department Airworthiness directives: See Engineers Corps Airbus, 44592–44594 NOTICES BAE Systems (Operations) Ltd., 44589–44591, 44594– Federal Acquisition Regulation (FAR): 44595 Agency information collection activities; proposals, Boeing, 44580–44586 submissions, and approvals, 44645–44646 Bombardier, 44591–44592 Fokker, 44586–44587 Education Department Saab, 44587–44589 NOTICES Standard instrument approach procedures, 44595–44596 Agency information collection activities; proposals, NOTICES Aeronautical land use assurance; waivers: submissions, and approvals, 44646–44648 North Bend Municipal Airport, OR, 44707–44708 Airport noise compatibility program: Energy Department Fort Lauderdale Executive Airport, FL, 44708 See Federal Energy Regulatory Commission Lincoln Airport, NE, 44708–44709 NOTICES Passenger facility charges; applications, etc.: Environmental statements; record of decision: General Mitchell International Airport, WI, 44709–44710 Paducah, KY; depleted uranium hexafluoride conversion Sioux Gateway Airport, IA, 44710 facility; construction and operation, 44654–44658 Portsmouth, OH; depleted uranium hexafluoride Federal Communications Commission conversion facility; construction and operation, RULES 44649–44654 Common carrier services: Meetings: Telecommunications companies; Uniform System of Environmental Management Site-Specific Advisory Accounts; correction, 44607–44608 Board— Radio services, special: Oak Ridge Reservation, TN, 44648–44649 Fixed microwave services— 24 GHz service; licensing and operation; correction, Engineers Corps 44608–44609 PROPOSED RULES NOTICES Danger zones and restricted areas: Common carrier services: Fort Knox, KY; Salt River, Rolling Fork River, and Otter Wireless telecommunications services— Creek; U.S. Army Garrison, Fort Knox Military 460–470 MHz band; freeze on high power use Reservation, 44613–44614 extended, 44667–44668

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Federal Crop Insurance Corporation Forest Service RULES NOTICES Crop insurance regulations: Meetings: Tomatoes, 44575–44576 Resource Advisory Committees— NOTICES Ravalli County, 44640 Grants and cooperative agreements; availability, etc.: Crop Insurance in Targeted States Program, 44640 General Services Administration NOTICES Federal Acquisition Regulation (FAR): Federal Deposit Insurance Corporation Agency information collection activities; proposals, NOTICES submissions, and approvals, 44645–44646 Agency information collection activities; proposals, Federal property management: submissions, and approvals, 44668–44669 Water Resources Development Act— Candy Lake Project, Osage County, OK; property Federal Emergency Management Agency purchase opportunity, 44669–44670 PROPOSED RULES Flood elevation determinations: Grain Inspection, Packers and Stockyards Administration Various States, 44632–44634 NOTICES NOTICES Agency designation actions: Disaster and emergency areas: Iowa, 44640–44641 California, 44673 Indiana, 44673–44674 Homeland Security Department Michigan, 44674 See Coast Guard New Jersey, 44674–44675 See Federal Emergency Management Agency See Transportation Security Administration Federal Energy Regulatory Commission Interior Department NOTICES See Fish and Wildlife Service Environmental statements; notice of intent: See Land Management Bureau Columbia Gas Transmission Corp., 44659–44661 See National Park Service Hydroelectric applications, 44661 Meetings: Internal Revenue Service Electric creditworthiness standards; technical conference, RULES 44662 Income taxes: Information technology for reliability and markets; Economic performance requirement; correction, 44596– technical conference, 44663 44597 Meetings; Sunshine Act, 44663–44667 Modified accelerated cost recovery system property; Applications, hearings, determinations, etc.: changes in use; depreciation El Paso Natural Gas Co., 44658–44659 Correction, 44597 Pacific Gas & Electric Co., 44663 NOTICES Wisconsin Public Service Corp., 44659 Agency information collection activities; proposals, submissions, and approvals, 44729–44730 Federal Reserve System Meetings: NOTICES Taxpayer Advocacy Panels, 44731–44732 Meetings; Sunshine Act, 44669 International Trade Administration NOTICES Federal Transit Administration Antidumping: NOTICES Circular welded carbon quality line pipe from— Grants and cooperative agreements; availability, etc.: Mexico and Korea, 44641–44642 Transit assistance programs; apportionments, allocations, and program information, 44710–44721 International Trade Commission NOTICES Fish and Wildlife Service Import investigations: RULES Automated mechanical transmission systems for medium- Endangered and threatened species: duty and heavy-duty trucks and components, 44682– Critical habitat designations— 44683 Topeka shiner, 44735–44770 NOTICES Labor Department Endangered and threatened species: See Occupational Safety and Health Administration NOTICES Bliss Rapids snail; 5-year review, 44676–44677 Grants and cooperative agreements; availability, etc.: Combating child labor, etc., through education in— Foreign-Trade Zones Board Various countries, 44683–44694 NOTICES Applications, hearings, determinations, etc.: Land Management Bureau New Jersey NOTICES L’Oreal USA, Inc.; cosmetic and beauty products Alaska Native claims selection: manufacturing and warehousing facilities, 44641 Haida Corp., 44677

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Resource management plans, etc.: National Transportation Safety Board Medicine Lodge Resource Area, ID, 44677–44678 NOTICES Meetings; Sunshine Act, 44695–44696 Maritime Administration NOTICES Nuclear Regulatory Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 44721 Meetings; Sunshine Act, 44698–44699 Coastwise trade laws; administrative waivers: Applications, hearings, determinations, etc.: BITE ME, 44721–44722 Entergy Nuclear Operations, Inc., 44696–44698 DOLPHIN WATCHER, 44722 Exelon Generation Co., Inc., et al., 44698 PANIC, 44722–44723 Occupational Safety and Health Administration RHUMB PUNCH, 44723 SEANAGHI, 44723 NOTICES TITAN XIV, 44723–44724 Agency information collection activities; proposals, submissions, and approvals, 44694–44695 Meetings: National Aeronautics and Space Administration Occupational Safety and Health National Advisory RULES Committee, 44695 Acquisition regulations: Administrative procedures and guidance, 44609–44610 Patent and Trademark Office Representations and certifications; other than commercial NOTICES items, 44610–44611 Agency information collection activities; proposals, NOTICES submissions, and approvals, 44644–44645 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, Presidential Documents submissions, and approvals, 44645–44646 EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.: National Highway Traffic Safety Administration National Nanotechnology Advisory Panel; amendment to NOTICES designate the President’s Council of Advisors on Motor vehicle theft prevention standards; exemption Science and Technology to serve as (EO 13349), petitions, etc.: 44891 General Motors Corp., 44724–44725 Liberia; blocking property of certain persons and Reports and guidance documents; availability, etc.: prohibiting the importation of certain goods from (EO Data Integrated Project Team Report, 44725–44727 13348), 44883–44890

National Labor Relations Board Securities and Exchange Commission PROPOSED RULES NOTICES Practice and procedure: Self-regulatory organizations; proposed rule changes: Consent-election agreements, 44612–44613 National Association of Securities Dealers, Inc., 44699– 44701 New York Stock Exchange, Inc., 44701–44704 National Oceanic and Atmospheric Administration PROPOSED RULES Small Business Administration Fishery conservation and management: NOTICES Alaska; fisheries of Exclusive Economic Zone— Disaster loan areas: Gulf of Alaska and Bering Sea and Aleutian Islands Pennsylvania, 44704 groundfish, 44634–44639 Saipan, 44704 NOTICES Agency information collection activities; proposals, State Department submissions, and approvals, 44642–44643 NOTICES Committees; establishment, renewal, termination, etc.: Arms Export Control Act: Monterey Bay National Marine Sanctuary Advisory Commercial export licenses; congressional notifications, Council, 44643 44704–44707 Meetings: Mid-Atlantic Fishery Management Council, 44643–44644 Surface Transportation Board Permits: NOTICES Endangered and threatened species, 44644 Meetings: Class II and Class III railroads; expedited abandonment National Park Service procedures; class exemption; hearing, 44727–44728 NOTICES Railroad services abandonment: Concession contract negotiations: Union Pacific Railroad Co., 44728 Fire Island National Seashore, NY; Davis Park Marine Services, Inc., et al., 44678 Transportation Department Environmental statements; notice of intent: See Federal Aviation Administration Denali National Park and Preserve, AK, 44678 See Federal Transit Administration Yosemite National Park, CA, 44678–44679 See Maritime Administration National Register of Historic Places: See National Highway Traffic Safety Administration Pending nominations, 44679–44682 See Surface Transportation Board

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Transportation Security Administration Separate Parts In This Issue NOTICES Agency information collection activities; proposals, Part II submissions, and approvals, 44675–44676 Interior Department, Fish and Wildlife Service, 44735– 44770

Treasury Department Part III See Internal Revenue Service Transportation Department, Federal Aviation NOTICES Administration, 44771–44882 Agency information collection activities; proposals, submissions, and approvals, 44728–44729 Part IV Executive Office of the President, Presidential Documents, 44883–44891 Veterans Affairs Department PROPOSED RULES Adjudication; pensions, compensation, dependency, etc.: Reader Aids Presumptions of service connection for certain Consult the Reader Aids section at the end of this issue for disabilities and related matters, 44614–44631 phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Committees; establishment, renewal, termination, etc.: To subscribe to the Federal Register Table of Contents Veterans Health Administration Resident Education LISTSERV electronic mailing list, go to http:// Advisory Committee, 44732–44733 listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 13348...... 44885 13226 (Amended by 13349) ...... 44891 13349...... 44891 7 CFR 457...... 44575 762...... 44576 14 CFR 1...... 44772 21...... 44772 39 (7 documents) ...... 44580, 44586, 44587, 44589, 44591, 44592, 44594 43...... 44772 45...... 44772 61...... 44772 65...... 44772 91...... 44772 97...... 44595 26 CFR 1 (2 documents) ...... 44596, 44597 29 CFR Proposed Rules: 101...... 44612 102...... 44612 33 CFR 100...... 44597 165...... 44597 Proposed Rules: 334...... 44613 38 CFR Proposed Rules: 3...... 44614 5...... 44614 40 CFR 52 (2 documents) ...... 44599, 44601 81...... 44601 Proposed Rules: 52 (2 documents) ...... 44631, 44632 81...... 44632 44 CFR Proposed Rules: 67...... 44632 47 CFR 32...... 44607 101...... 44608 48 CFR 1842...... 44609 1843...... 44609 1844...... 44609 1845...... 44609 1846...... 44609 1847...... 44609 1848...... 44609 1849...... 44609 1850...... 44609 1851...... 44609 1852...... 44610 50 CFR 17...... 44736 Proposed Rules: 679...... 44634

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Rules and Regulations Federal Register Vol. 69, No. 143

Tuesday, July 27, 2004

This section of the FEDERAL REGISTER Paperwork Reduction Act of 1995 waiver helps to ensure small entities are contains regulatory documents having general Pursuant to the Paperwork Reduction given the same opportunities to manage applicability and legal effect, most of which their risks through the use of crop are keyed to and codified in the Code of Act of 1995 (44 U.S.C. chapter 35), the collections of information in this rule insurance. A Regulatory Flexibility Federal Regulations, which is published under Analysis has not been prepared since 50 titles pursuant to 44 U.S.C. 1510. have been approved by OMB under control number 0563–0053 through this regulation does not have an impact The Code of Federal Regulations is sold by February 28, 2005. on small entities, and, therefore, this the Superintendent of Documents. Prices of regulation is exempt from the provisions new books are listed in the first FEDERAL Unfunded Mandates Reform Act of of the Regulatory Flexibility Act (5 REGISTER issue of each week. 1995 U.S.C. 605). Title II of the Unfunded Mandates Federal Assistance Program Reform Act of 1995 (UMRA) establishes DEPARTMENT OF AGRICULTURE requirements for Federal agencies to This program is listed in the Catalog of Federal Domestic Assistance under Federal Crop Insurance Corporation assess the effects of their regulatory actions on State, local, and tribal No. 10.450. 7 CFR Part 457 governments and the private sector. Executive Order 12372 This rule contains no Federal mandates This program is not subject to the (under the regulatory provisions of title RIN 0563–AB90 provisions of Executive Order 12372, II of the UMRA) for State, local, and which require intergovernmental Common Crop Insurance Regulations; tribal governments or the private sector. consultation with State and local Processing Tomato Crop Insurance Therefore, this rule is not subject to the officials. See the Notice related to 7 CFR Provisions requirements of sections 202 and 205 of part 3015, subpart V, published at 48 FR UMRA. 29115, June 24, 1983. AGENCY: Federal Crop Insurance Executive Order 13132 Corporation, USDA. Executive Order 12988 ACTION: Final rule. It has been determined under section This rule has been reviewed in 1(a) of Executive Order 13132, accordance with Executive Order 12988 SUMMARY: The Federal Crop Insurance Federalism, that this rule does not have on civil justice reform. The provisions Corporation (FCIC) finalizes sufficient implications to warrant of this rule will not have a retroactive amendments to the Processing Tomato consultation with the States. The effect. The provisions of this rule will Crop Insurance Provisions. The provisions contained in this rule will preempt State and local laws to the intended effects of this action are to not have a substantial direct effect on extent such State and local laws are clarify that producers who have States, or on the relationship between inconsistent herewith. With respect to production contracts with tomato the national government and the States, any direct action taken by FCIC under brokers are eligible for insurance, allow or on the distribution of power and the terms of the crop insurance policy, the Special Provisions statements to responsibilities among the various the administrative appeal provisions provide a replant payment amount that levels of government. published at 7 CFR part ll and 7 CFR more adequately reflects the regional Regulatory Flexibility Act part 400, subpart J for the informal cost of tomatoes, and restrict the effect administrative review process of good of the current Processing Tomato Crop FCIC certifies that this regulation will farming practices, as applicable, must be Provisions to the 2004 and prior crop not have a significant economic impact exhausted before any action against years. on a substantial number of small FCIC for judicial review may be brought. entities. Program requirements for the The administrative appeal provisions DATES: This rule is effective August 26, Federal crop insurance program are the 2004. published at 7 CFR part 11 must be same for all producers regardless of the exhausted before any action against FOR FURTHER INFORMATION CONTACT: John size of their farming operation. For FCIC for judicial review may be brought. McDonald, Risk Management Specialist, instance, all producers are required to Research and Development, Product submit an application and acreage Environmental Evaluation Development Division, Risk report to establish their insurance This action is not expected to have a Management Agency, United States guarantees, and compute premium significant impact on the quality of the Department of Agriculture, 6501 Beacon amounts, or a notice of loss and human environment, health, and safety. Drive, Stop 0812, Room 426 Kansas production information to determine an Therefore, neither an Environmental City, MO, 64133–4676, telephone (816) indemnity payment in the event of an Assessment nor an Environmental 926–7730. insured cause of crop loss. Whether a Impact Statement is needed. SUPPLEMENTARY INFORMATION: producer has 10 acres or 1000 acres, there is no difference in the kind of Background Executive Order 12866 information collected. To ensure crop On November 14, 2003, FCIC This rule has been determined to be insurance is available to small entities, published a notice of proposed Not-Significant for the purposes of the Federal Crop Insurance Act rulemaking in the Federal Register at 68 Executive Order 12866 and, therefore, it authorizes FCIC to waive collection of FR 64570–64571 to revise 7 CFR has not been reviewed by the Office of administrative fees from limited 457.160, Processing Tomato Crop Management and Budget (OMB). resource farmers. FCIC believes this Insurance. Following publication of the

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proposed rule the public was afforded PART 457—COMMON CROP processor or the broker must execute 60 days to submit written comments INSURANCE REGULATIONS and adopt a resolution that contains the and opinions. A total of fifteen same terms as an acceptable processor I comments were received from an 1. The authority citation for 7 CFR part contract. (Such resolution will be insurance service organization. Twelve 457 continues to read as follows: considered a processor contract under of the comments received were minor Authority: 7 U.S.C. 1506(l) and 1506(p). this policy); and (3) As applicable, our inspection editorial changes and were not I 2. Amend the crop insurance reveals that the processing facilities considered a part of the proposed rule. provisions in § 457.160 as follows: However, FCIC will consider the I a. Revise the introductory text; comply with the definition of a comments when the rule is re-opened. I b. Amend section 1 of the crop processor contained in these Crop The remaining three comments received provisions by adding a definition for Provisions. and responses are as follows: ‘‘Broker’’ in alphabetical order and * * * * * Comment. An insurance service revising the definitions of ‘‘good farming 12. Replanting Payment organization stated that the phrase practices’’ and ‘‘processor contract’’; * * * * * ‘‘selling and buying’’ in the new I c. Revise section 8(c); and (b) The maximum amount of the ‘‘broker’’ definition should be changed I d. Revise section 12(b). replanting payment per acre will be to ‘‘buying and selling’’ to reflect the determined as follows: usual sequence of events and the normal § 457.160 Processing tomato crop insurance provisions. (1) The amount shown on the Special use of the phrase. Provisions multiplied by your share; or Response. FCIC agrees with the The Processing Tomato Crop (2) If an amount is not contained in insurance service organization and has Insurance Provisions for the 2005 and the Special Provisions, the lesser of 20 revised the provisions accordingly. succeeding crop years are as follows: percent of the production guarantee or Comment. An insurance service * * * * * three tons, multiplied by your third organization stated that FCIC should 1. Definitions stage (final) price election, multiplied consider deleting the ‘‘good farming * * * * * by your share; and practices’’ definition from the Broker. An enterprise in the business (3) In no event will the replanting processing tomato crop provisions so it of buying and selling tomatoes payment per acre exceed your actual would not supersede the definition in possessing all the licenses and permits cost of replanting. the Basic Provisions. required by the state in which it * * * * * Response. FCIC does not agree with operates, and that has a written contract the insurance servicing organization with a processor to purchase processing Signed in Washington, DC, on July 22, 2004. that the definition for ‘‘good farming tomatoes on behalf of the processor and practice’’ should be deleted from the to deliver such tomatoes to the Ross J. Davidson, Jr., processing tomato crop provisions. The processor. Manager, Federal Crop Insurance Corporation. current definition states that good * * * * * farming practices also include the Good Farming Practices. In addition [FR Doc. 04–17042 Filed 7–26–04; 8:45 am] cultural practices contained in the to the definition of ‘‘good farming BILLING CODE 3410–08–P tomato processing contract. However, practices’’ contained in section 1 of the FCIC revised the definition to eliminate Basic Provisions, good farming practices DEPARTMENT OF AGRICULTURE any conflict with the Basic Provisions. include the cultural practices required Comment. An insurance service under the processor contract. Farm Service Agency organization questioned whether it’s * * * * * FCIC’s intent that paragraph 12(b)(1) Processor Contract. A written 7 CFR Part 762 allow a regional maximum replanting agreement between the producer and a payment to be the amount shown in the processor, or between the producer and RIN 0560–AG53 Special Provisions. As written, the a broker, containing at a minimum: Guaranteed Loans—Rescheduling regional maximum amount would not (a) The producer’s commitment to Terms and Loan Subordinations be limited by the insured share unless plant and grow processing tomatoes, such a limit is included in the Special and to deliver the tomato production to AGENCY: Farm Service Agency, USDA. Provisions statement. the processor or broker; ACTION: Final rule. Response. It is FCIC’s intent to allow (b) The processor’s, or broker’s, a regional maximum amount of commitment to purchase all the SUMMARY: The Farm Service Agency replanting payment and it will be production stated in the processor (FSA) is amending its regulations limited by the insured share. FCIC contract; and governing servicing of loans made under agrees with the commenter and will (c) A price per ton that will be paid the guaranteed farm loan program. FSA revise section 12(b)(1) accordingly to for the production. is making these changes as a result of add insured share. * * * * * input from program participants and problems in the administration of List of Subjects in 7 CFR Part 457 8. Insured Crop * * * * * current provisions. This rule will allow Crop insurance, Tomato reporting and (c) A tomato producer who is also a loans to be rescheduled with balloon recordkeeping requirements. processor or broker may establish an payments under certain circumstances Final Rule insurable interest if the following and allow the approval of certain low- requirements are met: risk subordinations at the field office I Accordingly, as set forth in the (1) The processor or broker, as level instead of the National Office. It preamble, the Federal Crop Insurance applicable, must comply with these will also allow lenders to make debt Corporation amends 7 CFR part 457 for Crop Provisions; installment payments in accordance the 2005 and succeeding crop years as (2) Prior to the sales closing date, the with lien priorities, payment due dates, follows: Board of Directors or officers of the and clarify that packager and consultant

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fees for servicing of guaranteed loans are priority in certain cases while after unsuccessfully requesting the not covered by the guarantee. understanding that exceptions are lender to do so. Two comments were DATES: This rule is effective August 26, required so that lenders can conduct received regarding this change. One 2004. routine business practices. As a result, supported the change, while the other FOR FURTHER INFORMATION CONTACT: the agency will require a lender to pay acknowledged that it is simply a Joseph Pruss, Senior Loan Officer, Farm loan installments in the order of lien correction in wording. The present Service Agency; telephone: (202) 690– priority only when the lender receives language has the words ‘‘lender’’ and 2854; Facsimile: (202) 690–1196; e-mail: a payment from the sale of encumbered ‘‘holder’’ reversed, and the change will [email protected]. property. This policy is consistent with correct the error. The proposed current practice under state laws. In correction is adopted in the final rule as SUPPLEMENTARY INFORMATION: other situations, where payment is a result of the comments received. received from the sale of unencumbered Background Balloon Payments property or other sources of income, FSA published a proposed rule on loan installments will be paid in order The proposal to allow balloon August 19, 2003, (68 FR 49723–49726) of their due date. This is consistent with payments in restructuring guaranteed to amend its regulations governing the typical routine business practices. This loans generated several comments, servicing of loans made under the objective and simple policy should be mostly positive. One respondent was guaranteed farm loan program. The consistently carried out by lenders. Any opposed to all balloon payments, and comment period ended October 20, deviations will require Agency viewed them as a way to guarantee 2003. approval. nonpayment of the loan. Another Summary of Public Comments Regarding the comment that would respondent generally supported the allow the borrower to tell the lender proposal but did not believe it was Comments addressed all of the issues which loan a payment should be necessary to have an appraisal showing related to the proposed rule. FSA applied to, the Agency has always the loan would be secured when the considered the comments and maintained that the lender/borrower balloon payment was due. This incorporates several of the relationship is not something the respondent also suggested that the recommendations and suggestions in Agency should interfere in, as the Agency set a minimum number of years this rule. The following is a review of Agency has no authority or inclination before the balloon payment comes due the comments and the changes made in to specify that a lender has to apply and that a lien on all assets be taken the final rule in response to the payments to whichever loan their when restructuring with balloon comments. borrower chooses. Based on the payments. One respondent supported Payment of Loan Installments comments received, which were the proposal but was concerned that generally supportive, the Agency will lenders use of appraisals would vary FSA proposed to allow loan implement the proposed change as widely. One respondent wondered if installments to be paid in accordance modified. lenders, at the time of the restructuring, with lien priority, due date and cash would have to develop a positive cash flow projection in the normal course of Approval of Subordinations flow projection for the time when the business, but when it became evident FSA proposed to place authority for balloon payment came due and noted that the borrower would be unable to subordination approval at the local level that foundation livestock herds were not make all installments, the lender had to when the lender is refinancing existing specifically discussed. apply payments to the guaranteed loan debt secured by a lien superior to the Three respondents fully supported the first. One respondent suggested that the guaranteed loan and no additional debt proposal. Another respondent also proposal was too subjective and the is being incurred. Two respondents supported the proposal, but Agency should adopt a policy that supported the proposal, but suggested recommended that the appraisal would require loans to be paid that the Agency allow additional requirement should only apply to loans according to lien priority, and any subordinations to be approved at the with an unequal or graduating exceptions would require Agency local and State level. The proposal was amortization, which would be more approval. The respondent also pointed fully supported by four respondents. risky to the Agency. out that the risk of guaranteed loans not The Agency will not adopt additional The Agency believes the balloon being paid in an orderly manner is not changes to allow all subordinations of payment option is a necessary tool that only at liquidation and that the guaranteed loans to be approved at local lenders can use to salvage operations determination of when guaranteed loan and State levels. Subordinating that would otherwise be liquidated. payments would be required to be made guaranteed loan security is rarely in the With the proper controls in place, this first was extremely subjective. Two Government’s best interest and, servicing option can be very beneficial respondents generally agreed with the therefore, it is necessary for top level to users of the guaranteed loan program. proposal, but one pointed out, however, management to be informed of all In response to concerns regarding that the risk to the government is not requests where additional debt is being lenders conducting a wide range of only at liquidation and questioned incurred by guaranteed borrowers. appraisals, FSA has added more whether the proposal would work in Based on the unanimous support of the direction in §762.145(b)(4). The practice. One respondent believed the other respondents, the Agency adopts paragraph explains that the projected rule should specify that a lender must its proposed policy on subordinations as value for real estate will be derived from apply payments to the loan as the final. a current appraisal adjusted for borrower specified. Another respondent depreciation of depreciable property stated that the normal course of Payment of Interest on Repurchased such as buildings and other business rule should be expanded to Loans improvements that occurs until the include all situations. FSA proposed to correct wording balloon payment is due. A current The Agency agrees that the proposal concerning interest payments to specify appraisal is required for equipment was too subjective and that loan that the holder, not the lender, would security. The lender will project the installments should be paid in lien request Agency repurchase of the loan value of the equipment at the time the

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balloon payment is due based on the interest is too great to entertain such a was anticipated. It was pointed out that remaining life of the equipment or the proposal. a bid is sometimes made subject to a depreciation schedule on the borrower’s prior lien, in which case the lender Payment of Packager and Outside Federal income tax return. The Agency would not want to bid the net recovery Consultant Fees does not agree that appraisals are not value. It was also pointed out that the necessary, or should be required only Five comments, all positive, were proposal does not contain a definition of when there is unequal or graduating received regarding the proposed net recovery value, which could lead to amortization. An appraisal will always clarification that packager fees and confusion. The definition of net be necessary when restructuring with a outside consultant fees for servicing are recovery value is included among the balloon payment in order to provide not covered by the guarantee. One definitions in 7 CFR 762.102. some assurance that there is adequate respondent believed the Agency should One respondent requested that the security for the debt. Lenders, however, allow for the payment of in-house fees. Agency reconsider the proposal. The will not have to develop long-term cash The respondent stated that inside legal respondent believes the lender knows flow projections as the volatility of the counsel may have knowledge of cases, best the individual circumstances of agricultural sector and changing nature which could actually make the process each loan and could best determine the of individual farming operations often more efficient, thereby saving on legal amount they should bid and that the render long-term projections expenses. Two respondents support the proposal could actually have the meaningless. proposal, but believe it should be opposite result of what is intended. Foundation livestock was not clarified to state that the costs also Also, since several states have their own mentioned in the proposed rule because cannot be passed on to the borrower. unique laws regarding foreclosures, No changes will be made in the final balloon payments for guaranteed loans redemption, and time periods which a rule as a result of these comments. The secured by livestock or crops alone will lender must consider, the proposal Agency agrees in theory that inside legal would possibly hamper the lender’s not be authorized. Unlike real estate and counsel’s knowledge of individual cases equipment, livestock and crops are liquidation of the account. may lead to greater efficiency, and the Another respondent also believes the perishable, and balloon payments on intent of the regulation is that, if proposal is too restrictive and limits the such operations are extremely risky. available, this counsel may be used by flexibility provided by the current The Agency does agree with the the lender. However, the guarantee was regulations. The respondent provided suggestion that it should set a minimum never intended to cover costs incurred several examples of situations where number of years before the balloon by employees of the lender, including bidding as proposed may not be in the payment comes due, the time depending staff legal counsel. The Agency best interest of the lender, the on the type of loan being restructured. disagrees that it should regulate what Government, or the borrower, and may Therefore, § 762.145 provides that fees lenders can pass on to their lead to a borrower losing their right of balloon payments for loans secured by customers. It is not the mandate of the first refusal. The respondent real estate will have a minimum of 5 Agency to dictate terms between lenders recommended that the final rule give years before the balloon comes due. For and their customers. However, neither is the creditor the option to bid net other loans, there will be minimum of the guarantee intended to cover lender recovery value, appraised value, or 3 years. If statutory term limits prevent labor costs for services the lender agreed investment, whichever is the most such terms, balloon payments will not to perform when obtaining the advantageous in the particular be used. As suggested, to further protect guarantee. Therefore, the Agency will circumstance, as approved by the the Government’s interest when a not cover these costs when passed on to Agency’s State Office. If a prior lien has balloon payment is set up, a lien on all the lender’s borrower as part of any loss a very low interest rate, it would not assets will be required. claim. make sense to require the lender to pay that debt off when acquiring the Revised Security Requirements for Lender Bids at Foreclosure Sales Loans Rescheduled With Balloon property, especially if there is a Payments The proposal to specify the amount a redemption period involved. Also, in lender will bid at foreclosure sales some states, it is very difficult to obtain FSA proposed to require loans generated numerous comments. FSA a deficiency judgment, and bidding the restructured with balloon payments to proposed that the lender’s bid would be net recovery value or appraised value be fully secured when the balloon the lesser of the net recovery value plus has not been a common practice. payment became due. Three comments the prior lien amount, and the unpaid After considering the comments were received addressing the issue of balance of the loan plus the prior lien received, the Agency has determined security requirements. One respondent amount. One respondent fully that it will remove the proposal agreed with the requirements, but supported the proposal and believes it regarding bidding at foreclosure sales. believes they should be more specific as is good business practice and is No changes will be made to the current to how a lender is to arrive at the value consistent with what is done for the language in 7 CFR 762.149 regarding of the security used to protect the Agency’s direct loans. this item. In the vast majority of cases, balloon installment. Two respondents Two respondents were in favor of the lenders make reasonable bids at fully supported the proposal, while one proposal, but believe it should be foreclosure sales, and it is a rare questioned if Preferred Lender Program strengthened by stating that the limits occurrence when a lender makes an lenders would be allowed to use their are actual limits and lenders will not be inaccurate bid, leading to a large in-house appraisals to support the fully able to claim losses due to excess bids. increase in loss to the lender upon final secured claim. They stated that, as written, there are disposition of the collateral. In those Additional guidance has been too many maybes, and the wording cases, the Agency will continue to use provided on appraisal values as should state that loss claims will be the option to reduce or completely deny discussed above. Current Agency policy reduced, not that they may be reduced loss claims as necessary and on lenders not being allowed to use in- due to improper bidding. One comment appropriate. Differences in state laws house real estate appraisals will not suggested that the proposed change regarding foreclosure proceedings, change. The potential for conflict of would not always lead to the result that redemption laws, and obtaining

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deficiency judgments make it difficult to Unfunded Mandates adding new paragraph (c)(3)(ii) to read as cover all possible scenarios in one rule. This rule contains no Federal follows: It would also reduce a lender’s options mandates, as defined by title II of § 762.142 Servicing related to collateral. and flexibility in servicing loans. Unfunded Mandates Reform Act of 1995 * * * * * Executive Order 12866 (UMRA), Public Law 104–4, for State, (c) * * * local, and tribal governments or the (3) * * * This rule has been determined to be private sector. Therefore, this rule is not (ii) The lender may, with written not significant and was not reviewed by subject to the requirements of sections Agency approval, subordinate its the Office of Management and Budget 202 and 205 of UMRA. interest in basic security in cases where under Executive Order 12866. Executive Order 13132 the subordination is required to allow another lender to refinance an existing Regulatory Flexibility Act The policies contained in this rule do prior lien, no additional debt is being not have any substantial direct effect on incurred, and the lender’s security The Agency certifies that this rule states, on the relationship between the will not have a significant economic position will not be adversely affected national government and the states, or by the subordination. effect on a substantial number of small on the distribution of power and entities because it does not require any responsibilities among the various * * * * * specific actions on the part of the levels of government. Nor does this rule I 4. Amend §762.144 by revising borrower or the lenders. The Agency, impose substantial direct compliance paragraph (c)(3)(iii) to read as follows: therefore, is not required to perform a costs on state and local governments. § 762.144 Repurchase of guaranteed Regulatory Flexibility Analysis as Therefore, consultation with the states portion from a secondary market holder. required by the Regulatory Flexibility is not required. Act, Public Law 96–534, as amended (5 * * * * * Paperwork Reduction Act (c) * * * U.S.C. 601). This rule does not impact (3) * * * small entities to a greater extent than The amendments to 7 CFR part 762 (iii) In the case of a request for Agency large entities. contained in this rule require no purchase, the Agency will only pay revisions to the information collection Environmental Evaluation interest that accrues for up to 90 days requirements that were previously from the date of the demand letter to the The environmental impacts of this approved by OMB under control lender requesting the repurchase. final rule have been considered in number 0560–0155. However, if the holder requested accordance with the provisions of the Federal Assistance Programs repurchase from the Agency within 60 National Environmental Policy Act of These changes affect the following days of the request to the lender and for 1969 (NEPA), 42 U.S.C. 4321 et seq., the FSA programs as listed in the Catalog of any reason not attributable to the holder regulations of the Council on Federal Domestic Assistance: 10.406 and the lender, the Agency cannot make Environmental Quality (40 CFR parts Farm Operating Loans; 10.407 Farm payment within 30 days of the holder’s 1500–1508), and the FSA regulations for Ownership Loans. demand to the Agency, the holder will compliance with NEPA, 7 CFR part be entitled to interest to the date of 1940, subpart G. FSA concluded that the List of Subjects in 7 CFR part 762 payment. rule does not require preparation of an General—Agriculture, Loan * * * * * environmental assessment or programs—Agriculture. I 5. Amend § 762.145 by revising Environmental Impact Statement. I Accordingly, 7 CFR is amended as paragraphs (b)(4) and (b)(7) to read as Executive Order 12988 follows: follows: § 762.145 Restructuring guaranteed loans. This rule has been reviewed in PART 762—GUARANTEED FARM accordance with E.O. 12988, Civil LOANS * * * * * (b) * * * Justice Reform. In accordance with that I 1. The authority citation for part 762 (4) Loans secured by real estate and/ Executive Order: (1) All State and local continues to read as follows: or equipment can be restructured using laws and regulations that are in conflict Authority: 5 U.S.C. 301; 7 U.S.C. 1989. a balloon payment, equal installments, with this rule will be preempted; (2) no I or unequal installments. Under no retroactive effect will be given to this 2. Amend § 762.140 by revising paragraph (d) to read as follows: circumstances may livestock or crops rule except that lender servicing under alone be used as security for a loan to this rule will apply to loans guaranteed § 762.140 General servicing be rescheduled using a balloon prior to the effective date of the rule; responsibilities. payment. If a balloon payment is used, and (3) administrative proceedings in * * * * * the projected value of the real estate accordance with 7 CFR part 11 must be (d) Loan installments. When a lender and/or equipment security must exhausted before requesting judicial receives a payment from the sale of indicate that the loan will be fully review. encumbered property, loan installments secured when the balloon payment will be paid in the order of lien priority. Executive Order 12372 becomes due. The projected value will When a payment is received from the be derived from a current appraisal For reasons contained in the Notice sale of unencumbered property or other adjusted for depreciation of depreciable related to 7 CFR part 3015, subpart V sources of income, loan installments property, such as buildings and other (48 FR 29115, June 24, 1983) the will be paid in order of their due date. improvements, that occurs until the programs and activities within this rule Agency approval is required for any balloon payment is due. For equipment are excluded from the scope of other proposed payment plans. security, a current appraisal is required. Executive Order 12372, which requires * * * * * The lender is required to project the intergovernmental consultation with I 3. Amend § 762.142 by redesignating security value of the equipment at the state and local officials. paragraph (c)(3)(ii) as (c)(3)(iii) and time the balloon payment is due based

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on the remaining life of the equipment, DEPARTMENT OF TRANSPORTATION Airplane Directorate, Rules Docket, or the depreciation schedule on the 1601 Lind Avenue, SW., Renton, borrower’s Federal income tax return. Federal Aviation Administration Washington; or at the National Archives Loans restructured with a balloon and Records Administration (NARA). payment that are secured by real estate 14 CFR Part 39 For information on the availability of will have a minimum term of 5 years, [Docket No. 99–NM–78–AD; Amendment this material at NARA, call (202) 741– and other loans will have a minimum 39–13738; AD 2004–15–04] 6030, or go to: http://www.archives.gov/ _ term of 3 years before the scheduled federal register/ RIN 2120–AA64 _ _ _ balloon payment. If statutory limits on code of federal regulations/ _ terms of loans prevent the minimum Airworthiness Directives; Boeing ibr locations.html. terms, balloon payments may not be Model 737–200, –200C, –300, –400, and FOR FURTHER INFORMATION CONTACT: used. If the loan is rescheduled with –500 Series Airplanes Sherry Vevea, Aerospace Engineer, unequal installments, a feasible plan, as Propulsion Branch, ANM–140S, FAA, AGENCY: Federal Aviation defined in § 762.102(b), must be Seattle Aircraft Certification Office, Administration, DOT. projected for when installments are 1601 Lind Avenue, SW., Renton, scheduled to increase. ACTION: Final rule. Washington 98055–4056; telephone (425) 917–6514; fax (425) 917–6590. * * * * * SUMMARY: This amendment supersedes SUPPLEMENTARY INFORMATION: A (7) The lender’s security position will an existing airworthiness directive (AD), applicable to certain Boeing airplane proposal to amend part 39 of the Federal not be adversely affected because of the Aviation Regulations (14 CFR part 39) restructuring. New security instruments models, that currently requires either inspections for discrepancies of the by superseding AD 99–05–12, may be taken if needed, but a loan does amendment 39–11060 (64 FR 10213, not have to be fully secured in order to fueling float switch wiring in the center fuel tank and follow-on actions, or March 3, 1999); which is applicable to be restructured, unless it is restructured deactivation of the float switch. This certain Boeing Model 737–100, –200, with a balloon payment. When a loan is amendment requires replacing the float –300, –400, and –500 series airplanes; restructured using a balloon payment switches in the center and wing fuel was published as a supplemental notice the lender must take a lien on all assets tanks with new, improved parts; of proposed rulemaking (NPRM) in the and project the loan to be fully secured installing a conduit liner system in the Federal Register on June 11, 2003 (68 at the time the balloon payment center fuel tank; and replacing conduit FR 34843). (A correction of AD 99–05– becomes due, in accordance with assemblies in the wing fuel tanks with 12 was published in the Federal paragraph (b)(4) of this section. new parts, which terminates the existing Register on March 9, 1999 (64 FR 11533)). The action proposed to * * * * * requirements. For certain airplanes, this continue to require inspection of the I amendment also requires replacing 6. Amend § 762.149 by adding certain existing sections of the electrical fueling float switch wiring in the center paragraph (d)(3), and amending conduit in the center fuel tank with new fuel tank to detect discrepancies, paragraph (i)(2) by adding a new last conduit. This amendment also adds one accomplishment of corrective actions, sentence to read as follows: additional airplane model to the and installation of double Teflon sleeving over the wiring of the float § 762.149 Liquidation. applicability and removes another. The actions specified by this AD are switch. The action also proposed to add * * * * * intended to prevent contamination of new requirements for replacement of the (d) * * * the fueling float switch by moisture or float switches with new, improved float switches and installation of a conduit (3) Packager fees and outside fuel, and chafing of the float switch wiring against the fuel tank conduit, liner system in the center fuel tank, and consultant fees for servicing of replacement of the float switches and guaranteed loans are not covered by the which could present an ignition source inside the fuel tank that could cause a conduit assemblies with new, improved guarantee, and will not be paid in an float switches and conduit assemblies in estimated loss claim. fire or explosion. This action is intended to address the identified the wing fuel tanks. (The action * * * * * unsafe condition. proposed that this replacement would terminate the requirements of the (i) * * * DATES: Effective August 31, 2004. existing AD.) For certain airplanes, the (2) * * * Packager fees and outside The incorporation by reference of action also proposed to require consultant fees for servicing of certain publications, as listed in the replacement of certain sections of guaranteed loans are not covered by the regulations, is approved by the Director conduit in the center fuel tank with new guarantee, and will not be paid in a final of the Federal Register as of August 31, conduit. The action also proposed to loss claim. 2004. add one additional airplane model to The incorporation by reference of the applicability and remove another. * * * * * certain other publications, as listed in Signed at Washington, DC, on July 2, 2004. the regulations, was approved Comments James R. Little, previously by the Director of the Federal Interested persons have been afforded Register as of March 18, 1999 (64 FR Administrator, Farm Service Agency. an opportunity to participate in the 10213, March 3, 1999). [FR Doc. 04–17046 Filed 7–26–04; 8:45 am] making of this amendment. The FAA ADDRESSES: The service information BILLING CODE 3410–05–P has given due consideration to the referenced in this AD may be obtained comments received. from Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington Request To Refer to Revised Service 98124–2207. This information may be Information examined at the Federal Aviation Several commenters request that we Administration (FAA), Transport revise the supplemental NPRM to refer

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to the latest service information issued would enable operators to accomplish on design improvements. The proposed by the airplane manufacturer. The the replacements and installations replacement and installation commenters note that the work during a scheduled heavy maintenance requirements are consistent with these instructions in Boeing Alert Service visit. We infer that the other considerations. We have made no Bulletin 737–28A1141, Revision 1, commenter’s request is intended to change to this final rule in this regard. dated December 19, 2002, have been minimize the number of fuel tank Request To Require Installation of revised to correct errors in the entries by allowing the proposed actions Transient Suppression Devices (TSDs) installation instructions. to be accomplished at the same time as We concur. Since the issuance of the other ADs that require fuel tank entry. Two commenters request that we supplemental NPRM, we have reviewed We do not concur with the require the installation of TSDs for the and approved Boeing Alert Service commenters’ request. We have fuel tank float switches to limit the Bulletin 737–28A1141, Revision 2, confirmed with Boeing that the transfer of electrical energy and power dated August 21, 2003. Revision 2 of the necessary parts will be available for the through the float switch wires in lieu of service bulletin, among other things, affected airplanes within the 2-year requiring the installation of new, modifies work instructions for installing compliance time stated in this final rule. improved float switches and a conduit the bonding strap to the float switch In developing an appropriate liner system or conduit assemblies. Both mounting bracket in the center fuel compliance time for this final rule, we commenters note that a modification for tank, modifies torque values for the B- considered the manufacturer’s installing TSDs on the float switches has nuts on the float switch cable conduit, recommendation, the degree of urgency been developed for use on other and specifies that lock wire be installed associated with the subject unsafe airplanes, including on Boeing Model on the boltheads on the front spar. Due condition, and the maintenance 737–600, –700, –800, and –900 series to the nature of these changes, we have schedules of affected operators. In light airplanes. One of the commenters revised paragraphs (b)(1)(i)(A), (b)(1)(ii), of all of these factors, we find that 2 considers that the proposed and (h)(1) of this final rule to refer to years represents an appropriate interval requirements to install improved float Boeing Alert Service Bulletin 737– of time for affected airplanes to continue switches and associated modifications 28A1141, Revision 2, as the appropriate to operate without compromising safety. are not consistent with the requirements source of service information for the We have made no change to this final of Special Federal Aviation Regulation replacement of float switches required rule in this regard. (SFAR) No. 88, ‘‘Transport Airplane by those paragraphs. Also, we have Fuel Tank System Design Review, Request To Allow Repetitive revised paragraph (i) of this final rule to Flammability Reduction, and Inspections in Lieu of Replacement give credit for actions accomplished Maintenance and Inspection before the effective date of this AD per One commenter requests that we Requirements’’ (66 FR 23086, May 7, the original issue or Revision 1 of that revise the supplemental NPRM to allow 2001). The commenter notes that the service bulletin, provided that the B- operators to perform repetitive new, improved float switch is powered nuts on the float switch cable conduit inspections of the fueling float switches by 28 volts direct current (DC), which are torqued to the correct values, the and wiring, at intervals not to exceed exceeds the intrinsically safe level for float switch bonding strap is installed 30,000 flight hours, in lieu of equipment located in fuel tanks, as and securely fastened to the float switch accomplishing the replacement of the defined by SFAR No. 88. The bracket or main structure, and lock wire float switches and conduit assemblies commenter states that installation of is installed in the boltheads on the front with new, improved parts. The TSDs would be a more attractive spar, as stated in Revision 2 of the commenter explains that it has solution for operators because service bulletin. We find that this accomplished the actions currently installation of TSDs would not involve change does not expand the scope of the required by AD 99–05–12 and has found entry into and replacement of complex proposed AD but merely provides no discrepancy and has installed double parts in the fuel tank. necessary clarification of the work Teflon sleeving on the wiring for the We agree in principle with the instructions. float switch in the center fuel tank. The commenters’ statements that installation commenter also states that it has of TSDs on the fuel tank float switches Request To Extend Compliance Time installed grease in the interior of the may be an acceptable alternative to the for Replacement float switch electrical conduits per AD requirement to replace the float Three commenters request that we 93–17–02, amendment 39–8672 (58 FR switches with new, improved float extend the compliance time for the 54945, October 25, 1993). switches and install a conduit liner proposed replacement. One commenter We do not concur with the system or conduit assemblies. We have requests that we extend the compliance commenter’s request. The repetitive previously approved installation of time from 2 years to 36 months due to inspections only address issues with the TSDs on the float switches on Model concerns about parts availability. The wiring. The repetitive inspections do 737–600, –700, –700C, –800, and –900 commenter notes that the replacement not correct the unsafe condition in the series airplanes. However, at this time, of the fuel tank float switch that would float switch. We can better ensure long- a float switch TSD has not been be required by the proposed AD is also term continued operational safety by approved for installation on the airplane required on Model 737–600, –700, modifications or design changes to models affected by this final rule. –700C, –800, and –900 series airplanes remove the source of the problem, rather Should a float switch TSD for these by AD 2002–26–18, amendment 39– than by repetitive inspections. Long- airplanes be developed and approved in 13006 (68 FR 481, January 6, 2003). term inspections may not provide the the future, operators may request Also, another Boeing service bulletin degree of safety necessary for the approval of an alternative method of specifies installing the same float transport airplane fleet. This, coupled compliance (AMOC) for the switches on auxiliary tanks of Boeing with a better understanding of the requirements of this final rule, as Model 737 series airplanes. The other human factors associated with provided by paragraph (k)(1) of this commenters request that we extend the numerous repetitive inspections, has led final rule. compliance time from 2 years to 4 years. us to consider placing less emphasis on With regard to the one commenter’s One of these commenters states that this special procedures and more emphasis concerns about potential non-

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compliance with SFAR No. 88, we do Accordingly, we have revised the fuel tank float switch, paragraphs (c) not agree. We note that the design estimated work hours stated in the Cost and (d) of this final rule provide for standards are contained within Part 25 Impact section of this final rule to 94. deactivation of the float switch until the (‘‘Airworthiness Standards: Transport We do not concur with the necessary replacement can be Category Airplanes’’) of the Federal commenters’ request to revise the accomplished. No change to this final Aviation Regulations (14 CFR part 25), estimated cost of required parts. We rule is necessary in this regard. not in SFAR 88. We agree that a finding note that the estimated cost of required Request To Remove Inaccurate of direct compliance with the parts, between $3,633 and $5,061, is requirements of part 25 could not be consistent with figures provided in the Statements made for the new, improved float switch referenced service bulletin. We have One commenter requests that we and conduit liner or conduit assemblies made no change to this final rule in this revise the ‘‘Actions Since Issuance of because the design is not fail-safe. regard. Previous Proposal’’ section of the supplemental NPRM to remove the However, we have approved the fueling Request To Require Similar Actions on statement that ‘‘the new conduit float switch, conduit liner system, and Auxiliary Fuel Tanks conduit assemblies having a conduit assemblies for the float switch eliminate liner, as providing a level of safety One commenter, the airplane sharp bends within the conduit. * * *’’ equivalent to the requirements of manufacturer, requests that we revise The commenter notes that this Sections 25.901 (‘‘Powerplant the supplemental NPRM to refer to statement is not true for the affected installation’’) and 25.981(a) and (b) Boeing Alert Service Bulletin 737– airplane models. (‘‘Fuel tank ignition prevention’’) of the 28A1192, Revision 1, dated August 21, We acknowledge that this statement is Federal Aviation Regulations (14 CFR 2003. This service bulletin describes incorrect for the airplane models subject 25.901 and 25.981), relative to the fuel procedures for replacing the fuel tank to this AD. This statement pertains to tank float switch installation and float switch and installing a conduit the new conduit assemblies that are maintenance instructions for the subject liner system on Model 737 series installed in the center and wing fuel airplane models. We find that the new, airplanes with auxiliary fuel tanks. tanks on Boeing Model 737–600, –700, improved design of the float switch We do not concur with the –700C, –800, and –900 series airplanes. provides an equivalent level of safety commenter’s request. We may consider However, the ‘‘Actions Since Issuance because of special compensating design additional rulemaking to require of Previous Proposal’’ section is not features and maintenance that is replacing the fuel tank float switch with restated in this final rule, so no change required. The new, improved float a new, improved float switch and is possible in this regard. switch is hermetically sealed and is installing a conduit liner system on The same commenter requests that we more resistant than the old design to Model 737 series airplanes with revise the ‘‘Other Relevant Rulemaking’’ contamination by fuel or water. A new auxiliary fuel tanks. However, we have section of the supplemental NPRM to flexible ethylene tetrafluorethylene determined that it is not appropriate to clarify that this AD would not require (ETFE) conduit liner installed in the add such a requirement to this AD. We the replacement of float switch conduit float switch wiring conduit protects the have made no change to this final rule assemblies in the center fuel tank. wiring from chafing inside the conduit. in this regard. We concur that this AD does not Maintenance documents specify that Request To Allow Installation of require replacement of all conduit this conduit liner be replaced with a Existing Float Switch assemblies in the center fuel tank. new liner whenever the wiring is However, for airplanes subject to the removed from the conduit for any One commenter requests that we inspections required by paragraph reason. Also, the design of the new, revise the proposed AD to remove (b)(3)(ii)(A) of this final rule, this final improved float switch, conduit, liner, paragraph (j). The commenter notes that rule does require replacement of any and wiring system will be listed as a this paragraph prohibits the installation section of conduit where arcing or a fuel Critical Design Configuration Control of the existing float switch, part number leak has occurred. Since the ‘‘Other Limitation for the Model 737 fuel F8300–146, as of the effective date of Relevant Rulemaking’’ is not restated in system, to ensure that operators do not this AD. The commenter is concerned this final rule, no change is possible in modify the system without appropriate about the need to replace an inoperative this regard. design review. main or center tank fuel float switch on The same commenter requests that we We have made no change to this final an in-service airplane that has not been delete the last sentence of paragraph (b) rule in this regard. modified per Boeing Alert Service of the supplemental NPRM, which Bulletin 737–28A1141. states, ‘‘Pay particular attention to the Request To Revise Cost Impact We do not concur with the wire bundle where it passes through the Information commenter’s request. The new, wing pylon vapor seals and under the One commenter states that the cost improved float switch is more resistant wire bundle clamps.’’ The commenter impact for replacing the float switches to fuel and water contamination than notes that the wing pylon vapor seal is and installing a conduit liner or conduit the existing float switch. Fluid not in the area of rework. assemblies is higher than stated in the contamination in the existing float We concur with the commenter’s supplemental NPRM. The commenter switch design could provide an request, and have deleted this sentence states that 87 work hours are required, electrical path between the float switch from paragraph (b) of this final rule. and the cost of required parts is $7,500. and the airplane structure, which could A second commenter also states that the result in a potential ignition source in Request To Clarify Requirement To estimated cost of parts is conservative the fuel tank. Considering the criticality Replace Electrical Conduit and that the actual cost is higher. of the unsafe condition, we find that it One commenter requests that we We agree with the commenter’s would be inappropriate to allow revise the ‘‘Summary’’ and ‘‘Explanation statement that the total number of work installation of the existing float switch of Proposed Requirements of hours for accomplishing the required after the effective date of this final rule. Supplemental NPRM’’ sections of the actions is somewhat higher than stated However, in the case of a need to supplemental NPRM to clarify what in the supplemental NPRM. replace an inoperative main or center sections of the conduit in the center fuel

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tank need to be replaced with new entails accomplishment of paragraph Required parts cost approximately $30 conduit. Specifically, the commenter (h)(2) of this final rule (as applicable). per airplane. Based on these figures, the requests that we revise these sections to Thus, for clarification, we have revised cost impact of the removal and specify that sections of the conduit paragraph (f) of this final rule to inspection of the float switch and found to have damage due to arcing explicitly state that operators must installation of double Teflon sleeving, if must be replaced. accomplish the requirements of accomplished, is estimated to be $1,200 We acknowledge the commenter’s paragraph (h)(2) for the provision in per airplane. concern, but we do not agree that any paragraph (f) of this final rule to apply. The deactivation of the float switch change to this final rule is necessary. and installation of ‘‘Caution’’ signs that The summary of an AD is intended to Conclusion are provided as the other alternative for provide only a general description of the After careful review of the available compliance with AD 99–05–12, takes requirements of the AD. The reference data, including the comments noted approximately 3 work hours per in the ‘‘Summary’’ section to replacing above, the FAA has determined that air airplane to accomplish, at an average ‘‘certain existing sections of the safety and the public interest require the labor rate of $65 per work hour. Based electrical conduit’’ is an accurate, adoption of the rule with the changes on these figures, the cost impact of the although general, description of the previously described. The FAA has deactivation and installation, if required action. Further, we determined that these changes will accomplished, is estimated to be $195 acknowledge that the wording of the neither significantly increase the per airplane. ‘‘Explanation of Proposed Requirements economic burden on any operator nor The new replacement of float of the Supplemental NPRM’’ section increase the scope of the AD. switches and installation of a conduit could have been more precise as to liner in the center fuel tank, and the which sections of the conduit may need Changes to 14 CFR Part 39/Effect on the replacement of float switches and to be replaced. However, this section is AD conduit assemblies in the wing fuel not restated in this final rule, so no On July 10, 2002, the FAA issued a tanks, that are required by this AD will change is possible in this regard. We new version of 14 CFR part 39 (67 FR take approximately 94 work hours per find that the requirement stated in 47997, July 22, 2002), which governs the airplane to accomplish, at an average paragraph (h)(2) of the supplemental FAA’s airworthiness directives system. labor rate of $65 per work hour. NPRM and this final rule clearly states The regulation now includes material Required parts will cost between $3,633 that any section of the electrical conduit that relates to altered products, special and $5,061 per airplane. Based on these in the center fuel tank where arcing or flight permits, and alternative methods figures, the cost impact of this a leak occurred must be replaced with of compliance (AMOCs). Because we replacement is estimated to be between new conduit. We have made no change have now included this material in part $9,743 and $11,171 per airplane. to this final rule in this regard. 39, only the office authorized to approve The cost impact figures discussed AMOCs is identified in each individual above are based on assumptions that no Explanation of Additional Changes to operator has yet accomplished any of Final Rule AD. However, for clarity and consistency in this final rule, we have the requirements of this AD action, and For clarification, we have revised retained the language of the that no operator would accomplish paragraph (b)(4) of this final rule to refer supplemental NPRM regarding that those actions in the future if this AD specifically to Boeing Alert Service material. were not adopted. The cost impact Bulletin 737–28A1132, dated December figures discussed in AD rulemaking 2, 1998; Revision 1, dated January 15, Change to Labor Rate Estimate actions represent only the time 1999; or Revision 2, dated June 17, Since the issuance of the necessary to perform the specific actions 1999; instead of to ‘‘the alert service supplemental NPRM, we have reviewed actually required by the AD. These bulletin.’’ the figures we have used over the past figures typically do not include Also, paragraph (e) of the several years to calculate AD costs to incidental costs, such as the time supplemental NPRM states that dispatch operators. To account for various required to gain access and close up, with the float switch deactivated ‘‘is inflationary costs in the airline industry, planning time, or time necessitated by allowed until replacement float we find it necessary to increase the other administrative actions. switches and wiring are available for labor rate used in these calculations Regulatory Impact installation or until the compliance time from $60 per work hour to $65 per work for the replacement required by hour. The cost impact information, The regulations adopted herein will paragraph (h) of this AD.’’ For below, reflects this increase in the not have a substantial direct effect on clarification, we have revised that specified hourly labor rate. the States, on the relationship between paragraph to state that dispatch with the the national Government and the States, float switch deactivated ‘‘is allowed Cost Impact or on the distribution of power and until replacement float switches and There are approximately 2,886 Model responsibilities among the various wiring are available for installation, but 737–200, –200C, –300, –400, and –500 levels of government. Therefore, it is not later than the compliance time for series airplanes of the affected design in determined that this final rule does not the replacement required by paragraph the worldwide fleet. The FAA estimates have federalism implications under (h) of this AD.’’ that 1,111 airplanes of U.S. registry will Executive Order 13132. Also, paragraph (f) of the be affected by this AD. For the reasons discussed above, I supplemental NPRM states that, ‘‘If the The removal and inspection of the certify that this action (1) is not a actions required by paragraph (h) of this fueling float switch in the center fuel ‘‘significant regulatory action’’ under AD are accomplished within the tank and installation of double Teflon Executive Order 12866; (2) is not a compliance time specified in this sleeving, which are provided as one ‘‘significant rule’’ under DOT paragraph, operators are not required to alternative for compliance with AD 99– Regulatory Policies and Procedures (44 do paragraph (b) or (c) of this AD.’’ Our 05–12, takes approximately 18 work FR 11034, February 26, 1979); and (3) intent was that accomplishment of hours per airplane to accomplish, at an will not have a significant economic paragraph (h) of this final rule also average labor rate of $65 per work hour. impact, positive or negative, on a

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substantial number of small entities cause a fire or explosion, accomplish the sleeving over the wiring of the float switch, under the criteria of the Regulatory following: and reinstall the existing float switch, in accordance with Boeing Alert Service Flexibility Act. A final evaluation has Requirements of AD 99–05–12 been prepared for this action and it is Bulletin 737–28A1132, dated December 2, 1998; Revision 1, dated January 15, 1999; or contained in the Rules Docket. A copy Compliance Time for Initial Action (a) For Model 737–200, –300, –400, and Revision 2, dated June 17, 1999. of it may be obtained from the Rules (ii) Replace the float switch and wiring Docket at the location provided under –500 series airplanes having line numbers (L/N) 1 through 3108 inclusive: Prior to the with a new float switch and wiring, and the caption ADDRESSES. accumulation of 30,000 total flight hours, or install double Teflon sleeving over the wiring of the float switch, in accordance with List of Subjects in 14 CFR Part 39 within 30 days after March 18, 1999 (the effective date of AD 99–05–12, amendment Boeing Alert Service Bulletin 737–28A1132, Air transportation, Aircraft, Aviation 39–11060), whichever occurs later, dated December 2, 1998; Revision 1, dated safety, Incorporation by reference, accomplish the requirements of paragraph (b) January 15, 1999; or Revision 2, dated June or (c) of this AD. 17, 1999; or replace the float switch and Safety. wiring with a new, improved float switch Adoption of the Amendment Initial Inspection: Procedures and wiring in accordance with the (b) Remove the fueling float switch and Accomplishment Instructions of Boeing Alert I Accordingly, pursuant to the authority wiring from the center fuel tank and perform Service Bulletin 737–28A1141, Revision 2, delegated to me by the Administrator, a detailed inspection of the float switch dated August 21, 2003. After the effective the Federal Aviation Administration wiring to detect discrepancies (i.e., evidence date of this AD, only a new, improved float of electrical arcing, exposure of the copper switch and wiring may be installed. If a amends part 39 of the Federal Aviation replacement float switch and wiring are not Regulations (14 CFR part 39) as follows: conductor, presence or scent of fuel on the electrical wires, or worn insulation), in available, prior to further flight, accomplish accordance with Part 1 of the the requirements specified in paragraphs (c) PART 39—AIRWORTHINESS and (d) of this AD. DIRECTIVES Accomplishment Instructions of Boeing Alert Service Bulletin 737–28A1132, dated (2) If any worn insulation is detected, and if no copper conductor is exposed, and if no I 1. The authority citation for part 39 December 2, 1998; Revision 1, dated January 15, 1999; or Revision 2, dated June 17, 1999. evidence of arcing is detected; accomplish continues to read as follows: After the effective date of this AD, only the requirements specified in either Authority: 49 U.S.C. 106(g), 40113, 44701. Revision 2 may be used. paragraph (b)(1)(i) or (b)(1)(ii) of this AD. Note 2: For the purposes of this AD, a (3) If any electrical arcing or exposed § 39.13 [Amended] detailed inspection is defined as: ‘‘An copper conductor is detected, prior to further I 2. Section 39.13 is amended by intensive visual examination of a specific flight, accomplish either paragraph (b)(3)(i) or (b)(3)(ii) of this AD. removing amendment 39–11060 (64 FR structural area, system, installation, or assembly to detect damage, failure, or (i) Replace any section of the electrical 10213, March 3, 1999), corrected at 64 FR conduit where the arcing occurred with a 11533, March 9, 1999, and by adding a irregularity. Available lighting is normally supplemented with a direct source of good new section, in accordance with Boeing Alert new airworthiness directive (AD), lighting at intensity deemed appropriate by Service Bulletin 737–28A1132, dated amendment 39–13738, to read as the inspector. Inspection aids such as mirror, December 2, 1998; Revision 1, dated January follows: magnifying lenses, etc., may be used. Surface 15, 1999; or Revision 2, dated June 17, 1999; and accomplish the requirements specified in 2004–15–04 Boeing: Amendment 39–13738. cleaning and elaborate access procedures may be required.’’ paragraph (b)(1)(ii) of this AD. Docket 99–NM–78–AD. Supersedes AD (ii) Perform a detailed inspection to detect 99–05–12, Amendment 39–11060. Initial Inspection: Follow-On Actions fuel leaks of the electrical conduit, in Applicability: Model 737–200, –200C, accordance with Boeing Alert Service –300, –400, and –500 series airplanes; on (1) If no discrepancy is detected, prior to further flight, accomplish either paragraph Bulletin 737–28A1132, dated December 2, which the center wing tanks are activated; 1998; Revision 1, dated January 15, 1999; or excluding those airplanes equipped with (b)(1)(i) or (b)(1)(ii) of this AD. (i) Measure the resistance between the Revision 2, dated June 17, 1999. center wing tank volumetric top-off systems, (A) If no fuel leak is detected, prior to or alternating current (AC) powered center wires and the float switch housing, in accordance with Boeing Alert Service further flight, accomplish the requirements tank float switches; certificated in any specified in paragraph (b)(1)(ii) of this AD. category. Bulletin 737–28A1132, dated December 2, 1998; Revision 1, dated January 15, 1999; or Repeat the inspection required by paragraph Note 1: This AD applies to each airplane Revision 2, dated June 17, 1999. (b)(3)(ii) of this AD thereafter at intervals not identified in the preceding applicability (A) If the resistance is less than 200 to exceed 1,500 flight hours, until the provision, regardless of whether it has been megohms, prior to further flight, replace the replacement required by paragraph modified, altered, or repaired in the area float switch and wiring with a new float (b)(3)(ii)(B) of this AD is accomplished. subject to the requirements of this AD. For switch and wiring, and install double Teflon (B) If any fuel leak is detected, prior to airplanes that have been modified, altered, or sleeving over the wiring of the float switch, further flight, replace, with new conduit, any repaired so that the performance of the in accordance with Boeing Alert Service section of the electrical conduit where a leak requirements of this AD is affected, the Bulletin 737–28A1132, dated December 2, is found, in accordance with Boeing Alert owner/operator must request approval for an 1998; Revision 1, dated January 15, 1999; or Service Bulletin 737–28A1132, dated alternative method of compliance in Revision 2, dated June 17, 1999; or replace December 2, 1998; Revision 1, dated January accordance with paragraph (k)(1) of this AD. the float switch and wiring with a new, 15, 1999; or Revision 2, dated June 17, 1999. The request should include an assessment of improved float switch and wiring in Prior to further flight after accomplishment of the effect of the modification, alteration, or accordance with the Accomplishment the replacement, accomplish the repair on the unsafe condition addressed by Instructions of Boeing Alert Service Bulletin requirements specified in paragraph (b)(1)(ii) this AD; and, if the unsafe condition has not 737–28A1141, Revision 2, dated August 21, of this AD. Accomplishment of electrical been eliminated, the request should include 2003. After the effective date of this AD, only conduit replacement constitutes terminating specific proposed actions to address it. a new, improved float switch and wiring may action for the repetitive inspection Compliance: Required as indicated, unless be installed. If a replacement float switch and requirements of paragraph (b)(3)(ii)(A) of this accomplished previously. wiring are not available, prior to further AD. To prevent contamination of the fueling flight, accomplish the requirements specified (4) If any presence or scent of fuel on the float switch by moisture or fuel, and chafing in paragraphs (c) and (d) of this AD. electrical wires is detected, prior to further of the float switch wiring against the fuel (B) If the resistance is greater than or equal flight, locate the source of the leak and tank conduit, which could present an to 200 megohms, prior to further flight, blow replace the damaged conduit with a new ignition source inside the fuel tank that could dirt out of the conduit, install double Teflon conduit, in accordance with Boeing Alert

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Service Bulletin 737–28A1132, dated Deactivation of Float Switch: Dispatch Service Bulletin 737–28A1141, Revision 2, December 2, 1998; Revision 1, dated January (e) Dispatch with the center fuel tank float dated August 21, 2003. 15, 1999; or Revision 2, dated June 17, 1999; switch deactivated, in accordance with (2) For airplanes subject to the repetitive and accomplish the requirements specified in Boeing Alert Service Bulletin 737–28A1132, inspections required by paragraph (b)(3)(ii)(A) of this AD, on which the either paragraph (b)(1)(i) or (b)(1)(ii) of this dated December 2, 1998; Revision 1, dated electrical conduit in the center fuel tank has AD, unless accomplished previously in January 15, 1999; or Revision 2, dated June not been replaced as specified in paragraph accordance with paragraph (b)(1), (b)(2), or 17, 1999; is allowed until replacement float (b)(3) of this AD. (b)(3)(ii)(B) or (g) of this AD: Prior to or switches and wiring are available for concurrently with the replacement of the Deactivation of Float Switch installation, but not later than the float switch in the center fuel tank required compliance time for the replacement (c) Accomplish the requirements specified by paragraph (h)(1) of this AD, replace, with required by paragraph (h) of this AD. Where new conduit, any section of the center fuel in either paragraph (c)(1) or (c)(2) of this AD, there are differences between the Master tank electrical conduit where arcing or a leak in accordance with Part 2 of the Minimum Equipment List (MMEL) and the occurred, in accordance with the Accomplishment Instructions of Boeing Alert AD, the AD prevails. Accomplishment Instructions of Boeing Alert Service Bulletin 737–28A1132, dated New Requirements of This AD Service Bulletin 737–28A1132, Revision 2, December 2, 1998; Revision 1, dated January dated June 17, 1999. Such replacement 15, 1999; or Revision 2, dated June 17, 1999. Compliance Time for Initial Action for Model constitutes terminating action for the (1) Deactivate the center tank float switch 737–200C Series Airplanes repetitive inspection requirements of (i.e., cut the two wires for the float switch at (f) For Model 737–200C series airplanes paragraph (b)(3)(ii)(A) of this AD. the splices on the front spar and cap and having L/Ns 1 through 3108 inclusive: Prior Credit for Previously Accomplished Actions stow the four wire ends), paint a ‘‘Caution’’ to the accumulation of 30,000 total flight (i) Replacement of float switches and sign that shows a conservative maximum fuel hours, or within 30 days after the effective capacity for the center tank on the underside conduit assemblies, and installations of date of this AD, whichever occurs later, conduit liner systems, as applicable, of the right-hand wing near the fueling accomplish the requirements of paragraph (b) station door, and install an INOP placard on accomplished before the effective date of this or (c) of this AD. (If the actions specified in AD in accordance with Boeing Alert Service the fueling panel. paragraph (b) or (c) of this AD have been (2) Deactivate the center tank float switch Bulletin 737–28A1141, dated September 5, accomplished before the effective date of this 2002; or Revision 1, dated December 19, (i.e., cut, stow, and splice the two wires for AD, no further action is required by this 2002; are considered acceptable for the float switch at the splices on the front paragraph.) If the actions required by compliance with the corresponding action spar), and paint a ‘‘Caution’’ sign that shows paragraph (h) of this AD, including the specified in this AD, provided that the a conservative maximum fuel capacity for the replacement required by paragraph (h)(2) of requirements of paragraphs (i)(1), (i)(2), and center tank on the underside of the right- this AD, are accomplished within the (i)(3) of this AD are met. hand wing near the fueling station door. compliance time specified in this paragraph, (1) The B-nuts on the float switch cable operators are not required to do paragraph (b) Deactivation of Float Switch: Additional conduit must be torqued to the values or (c) of this AD. Requirements specified in the Accomplishment Replacement of Conduit Instructions of Boeing Alert Service Bulletin (d) For airplanes on which the 737–28A1141, Revision 2, dated August 21, requirements specified in paragraph (c) of (g) For airplanes having L/Ns 1 through 2003. this AD have been accomplished: 3108 inclusive, on which the inspection (2) The float switch bonding strap must be Accomplish the requirements specified in required by paragraph (b)(3)(ii) of this AD has installed and securely fastened to the float paragraphs (d)(1), (d)(2), and (d)(3) of this been accomplished prior to the effective date switch bracket or main structure, as specified AD. of this AD, and on which replacement of in the Accomplishment Instructions of (1) Operators must ensure that airplane conduit specified in paragraph (b)(3)(ii)(B) Boeing Alert Service Bulletin 737–28A1141, fueling crews are properly trained in has not been accomplished: Within 1,500 Revision 2, dated August 21, 2003. accordance with the procedures specified in flight hours or 6 months after the effective (3) Lock wire must be installed in the Boeing Telex M–7200–98–04486, dated date of this AD, whichever occurs first, boltheads on the front spar, as specified in December 1, 1998, or procedures approved replace, with new conduit, any section of the the Accomplishment Instructions of Boeing by the FAA. This one-time training must be electrical conduit where arcing or a leak Alert Service Bulletin 737–28A1141, accomplished prior to utilizing the occurred, in accordance with the Revision 2, dated August 21, 2003. Accomplishment Instructions of Boeing Alert procedures specified in paragraph (d)(3) of Service Bulletin 737–28A1132, Revision 2, Parts Installation this AD. dated June 17, 1999. Such replacement of the (j) As of the effective date of this AD, no (2) Prior to fueling the airplane, perform a conduit constitutes terminating action for the person may install a float switch having part check to verify that the fueling panel center repetitive inspection requirements of number F8300–146 on any airplane. tank quantity indicator is operative. Repeat paragraph (b)(3)(ii)(A) of this AD. this check thereafter prior to fueling the Alternative Method of Compliance airplane. If the fueling panel center tank Replacement of Center and Wing Tank Float (k)(1) An alternative method of compliance quantity indicator is not operative, prior to Switches or adjustment of the compliance time that further flight, replace the fueling panel center (h) Within 2 years after the effective date provides an acceptable level of safety may be tank quantity indicator with a serviceable of this AD, accomplish paragraphs (h)(1) and used if approved by the Manager, Seattle part. (h)(2) of this AD, as applicable. Except as Aircraft Certification Office (ACO), FAA. (3) One of the two manual fueling provided by paragraph (j) of this AD, Operators shall submit their requests through procedures for the center fuel tank must be accomplishment of the actions in paragraphs an appropriate FAA Principal Maintenance used for each fueling occurrence, in (h)(1) and (h)(2) of this AD, as applicable, Inspector, who may add comments and then accordance with Boeing Telex M–7200–98– terminates the requirements of this AD. send it to the Manager, Seattle ACO. 04486, dated December 1, 1998, or a method (1) For all airplanes: In the center fuel tank, (2) Alternative methods of compliance, approved by the FAA. replace the existing float switches with new, approved previously in accordance with AD 99–05–12, amendment 39–11060, are Note 3: For the purposes of this AD, the improved float switches, and install a conduit liner system; and in the wing fuel approved as alternative methods of term ‘‘the FAA,’’ is defined in paragraph (d) compliance with the corresponding of this AD as ‘‘the cognizant Principal tanks, replace the existing float switches and conduit assemblies with new, improved float requirements of this AD. Maintenance Inspector (PMI).’’ switches and conduit assemblies that include Note 5: Information concerning the Note 4: Where there are differences a liner system inside the conduit. Do these existence of approved alternative methods of between Boeing Alert Service Bulletin 737– replacements in accordance with the compliance with this AD, if any, may be 28A1132 and this AD, the AD prevails. Accomplishment Instructions of Boeing Alert obtained from the Seattle ACO.

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Special Flight Permits DEPARTMENT OF TRANSPORTATION code_of_federal_regulations/ (l) Special flight permits may be issued in ibr_locations.html. Federal Aviation Administration accordance with sections 21.197 and 21.199 FOR FURTHER INFORMATION CONTACT: Tom of the Federal Aviation Regulations (14 CFR Rodriguez, Aerospace Engineer, 14 CFR Part 39 21.197 and 21.199) to operate the airplane to International Branch, ANM–116, FAA, a location where the requirements of this AD [Docket No. 2002–NM–280–AD; Amendment Transport Airplane Directorate, 1601 can be accomplished. 39–13742; AD 2004–15–08] Lind Avenue, SW., Renton, Washington Incorporation by Reference RIN 2120–AA64 98055–4056; telephone (425) 227–1137; fax (425) 227–1149. (m) Unless otherwise specified in this AD, the actions shall be done in accordance with Airworthiness Directives; Fokker SUPPLEMENTARY INFORMATION: A Boeing Alert Service Bulletin 737–28A1132, Model F.28 Mark 0070 and 0100 Series proposal to amend part 39 of the Federal dated December 2, 1998; Boeing Alert Service Airplanes Aviation Regulations (14 CFR part 39) by superseding AD 2001–21–04, Bulletin 737–28A1132, Revision 1, dated AGENCY: Federal Aviation amendment 39–12475 (66 FR 54656, January 15, 1999; Boeing Alert Service Administration, DOT. Bulletin 737–28A1132, Revision 2, dated October 30, 2001), which is applicable ACTION: Final rule. June 17, 1999; Boeing Alert Service Bulletin to all Fokker Model F.28 Mark 0070 and 737–28A1141, Revision 2, dated August 21, SUMMARY: This amendment supersedes 0100 series airplanes, was published in 2003; and Boeing Telex M–7200–98–04486, an existing airworthiness directive (AD), the Federal Register on May 12, 2004 dated December 1, 1998; as applicable. applicable to all Fokker Model F.28 (69 FR 26329). The action proposed to (1) The incorporation by reference of Mark 0070 and 0100 series airplanes, require revising the Airworthiness Boeing Alert Service Bulletin 737–28A1132, that currently requires revising the Limitations section (ALS) of the Revision 2, dated June 17, 1999; and Boeing Airworthiness Limitations section of the Instructions for Continued Alert Service Bulletin 737–28A1141, Instructions for Continued Airworthiness to incorporate updated Revision 2, dated August 21, 2003; is Airworthiness to incorporate life limits Airworthiness Limitation Items, Safe approved by the Director of the Federal for certain items and inspections to Life Items, and Certification Register in accordance with 5 U.S.C. 552(a) detect fatigue cracking in certain Maintenance Requirements. and 1 CFR part 51. structures. This amendment requires Comments (2) The incorporation by reference of revising the Airworthiness Limitations Boeing Alert Service Bulletin 737–28A1132, Interested persons have been afforded section of the Instructions for Continued dated December 2, 1998; Boeing Alert Service an opportunity to participate in the Airworthiness to incorporate updated Bulletin 737–28A1132, Revision 1, dated making of this amendment. No Airworthiness Limitation Items, Safe January 15, 1999; and Boeing Telex M–7200– comments were submitted in response Life Items, and Certification 98–04486, dated December 1, 1998; was to the proposal or the FAA’s Maintenance Requirements. The actions approved previously by the Director of the determination of the cost to the public. Federal Register as of March 18, 1999 (64 FR specified by this AD are intended to 10213, March 3, 1999). ensure the structural integrity of the Conclusion (3) Copies may be obtained from Boeing airplane by ensuring that fatigue The FAA has determined that air Commercial Airplanes, P.O. Box 3707, cracking of certain structural elements is safety and the public interest require the Seattle, Washington 98124–2207. Copies may detected and corrected in a timely adoption of the rule as proposed. be inspected at the FAA, Transport Airplane manner. This action is intended to Directorate, 1601 Lind Avenue, SW., Renton, address the identified unsafe condition. Cost Impact Washington; or at the National Archives and DATES: Effective August 31, 2004. There are approximately 74 airplanes Records Administration (NARA). For The incorporation by reference of of U.S. registry that will be affected by information on the availability of this certain publications, as listed in the this AD. material at NARA, call (202) 741–6030, or go regulations, is approved by the Director The ALS revision that is currently to: http://www.archives.gov/federal_register/ of the Federal Register as of August 31, required by AD 2001–21–04 takes code_of_federal_regulations/ibr_locations. 2004. approximately 1 work hour per airplane html. The incorporation by reference of to accomplish, at an average labor rate certain other publications, as listed in Effective Date of $65 per work hour. Based on these the regulations, was approved figures, the cost impact of this currently (n) This amendment becomes effective on previously by the Director of the Federal required action on U.S. operators is August 31, 2004. Register as of December 4, 2001 (66 FR estimated to be $4,810, or $65 per Issued in Renton, Washington, on July 1, 54656, October 30, 2001). airplane. 2004. ADDRESSES: The service information The new actions that are required in Kevin M. Mullin, referenced in this AD may be obtained this AD action will take approximately Acting Manager, Transport Airplane from Fokker Services B.V., P.O. Box 1 work hour per airplane to accomplish, Directorate, Aircraft Certification Service. 231, 2150 AE Nieuw-Vennep, the at an average labor rate of $65 per work [FR Doc. 04–16676 Filed 7–26–04; 8:45 am] Netherlands. This information may be hour. Based on these figures, the cost examined at the Federal Aviation impact of the new requirements of this BILLING CODE 4910–13–P Administration (FAA), Transport AD on U.S. operators is estimated to be Airplane Directorate, Rules Docket, $4,810, or $65 per airplane. 1601 Lind Avenue, SW., Renton, The cost impact figures discussed Washington; or at the National Archives above are based on assumptions that no and Records Administration (NARA). operator has yet accomplished any of For information on the availability of the requirements of this AD action, and this material at NARA, call (202) 741– that no operator would accomplish 6030, or go to: http://www.archives.gov/ those actions in the future if this AD federal_register/ were not adopted. The cost impact

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figures discussed in AD rulemaking Applicability: All Model F.28 Mark 0070 ‘‘Fokker 70/100 Airworthiness Limitation actions represent only the time and 0100 series airplanes, certificated in any Items and Safe Life Items,’’ dated June 1, necessary to perform the specific actions category. 2000; Fokker Services B.V. Report SE–623, actually required by the AD. These Compliance: Required as indicated, unless ‘‘Fokker 70/100 Airworthiness Limitation accomplished previously. Items and Safe Life Items,’’ Issue 2, dated figures typically do not include To ensure that fatigue cracking of certain September 1, 2001; and Fokker Services B.V. incidental costs, such as the time structural elements is detected and corrected, Report SE–473, ‘‘Fokker 70/100 Certification required to gain access and close up, and to ensure the structural integrity of Maintenance Requirements,’’ Issue 5, dated planning time, or time necessitated by affected airplanes, accomplish the following: July 16, 2001. other administrative actions. Requirements of AD 2001–21–04 (1) The incorporation by reference of Fokker Services B.V. Report SE–623, ‘‘Fokker Regulatory Impact Airworthiness Limitations Revision 70/100 Airworthiness Limitation Items and The regulations adopted herein will (a) Within 30 days after December 4, 2001 Safe Life Items,’’ Issue 2, dated September 1, not have a substantial direct effect on (the effective date of AD 2001–21–04, 2001; and Fokker Services B.V. Report SE– the States, on the relationship between amendment 39–12475), revise the 473, ‘‘Fokker 70/100 Certification the national Government and the States, Airworthiness Limitations section (ALS) of Maintenance Requirements,’’ Issue 5, dated July 16, 2001; is approved by the Director of or on the distribution of power and the Instructions for Continued Airworthiness by incorporating Report SE–623, ‘‘Fokker 70/ the Federal Register in accordance with 5 responsibilities among the various 100 Airworthiness Limitations Items and U.S.C. 552(a) and 1 CFR part 51. levels of government. Therefore, it is Safe Life Items,’’ of Appendix 1 of Fokker 70/ (2) The incorporation by reference of determined that this final rule does not 100 Maintenance Review Board (MRB) Fokker Services B.V. Report SE–623, ‘‘Fokker have federalism implications under document, dated June 1, 2000. 70/100 Airworthiness Limitation Items and Executive Order 13132. (b) Except as provided by paragraph (c) this Safe Life Items,’’ dated June 1, 2000, was For the reasons discussed above, I AD: After the actions specified in paragraph approved by the Director of the Federal certify that this action (1) is not a (a) of this AD have been accomplished, no Register as of December 4, 2001 (66 FR ‘‘significant regulatory action’’ under alternative inspections or inspection 54656, October 30, 2001). Executive Order 12866; (2) is not a intervals may be approved for the structural (3) Copies may be obtained from Fokker elements specified in the documents listed in Services B.V., P.O. Box 231, 2150 AE Nieuw- ‘‘significant rule’’ under DOT paragraph (a) of this AD. Vennep, the Netherlands. Copies may be Regulatory Policies and Procedures (44 inspected at the FAA, Transport Airplane FR 11034, February 26, 1979); and (3) New Requirements of This AD Directorate, 1601 Lind Avenue, SW., Renton, will not have a significant economic New Airworthiness Limitations Revision Washington; or at the National Archives and Records Administration (NARA). For impact, positive or negative, on a (c) Within 6 months after the effective date substantial number of small entities of this AD, revise the Airworthiness information on the availability of this under the criteria of the Regulatory Limitations section (ALS) of the Instructions material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/ Flexibility Act. A final evaluation has for Continued Airworthiness by _ _ _ been prepared for this action and it is incorporating Fokker Services B.V. Report code of federal regulations/ ibr_locations.html. contained in the Rules Docket. A copy SE–623, ‘‘Fokker 70/100 Airworthiness of it may be obtained from the Rules Limitations Items and Safe Life Items,’’ Issue Note 1: The subject of this AD is addressed in Dutch airworthiness directive 2002–062, Docket at the location provided under 2, dated September 1, 2001; and Fokker Services B.V. Report SE–473, ‘‘Fokker 70/100 dated May 31, 2002. the caption ADDRESSES. Certification Maintenance Requirements,’’ Effective Date List of Subjects in 14 CFR Part 39 Issue 5, dated July 16, 2001; into Section 6 of the Fokker 70/100 MRB document. (These (h) This amendment becomes effective on Air transportation, Aircraft, Aviation reports are already incorporated into Fokker August 31, 2004. safety, Incorporation by reference, 70/100 MRB document, Revision 10, dated Issued in Renton, Washington, on July 9, October 1, 2001.) Once the actions required Safety. 2004. by this paragraph have been accomplished, Adoption of the Amendment the original issue of Fokker Services B.V. Kevin M. Mullin, I Accordingly, pursuant to the authority Report SE–623, ‘‘Fokker 70/100 Acting Manager, Transport Airplane Airworthiness Limitations Items and Safe Directorate, Aircraft Certification Service. delegated to me by the Administrator, Life Items,’’ dated June 1, 2000, may be [FR Doc. 04–16677 Filed 7–26–04; 8:45 am] the Federal Aviation Administration removed from the ALS of the Instructions for BILLING CODE 4910–13–P amends part 39 of the Federal Aviation Continued Airworthiness. Regulations (14 CFR part 39) as follows: (d) If the requirements of paragraph (c) of this AD are accomplished within the PART 39—AIRWORTHINESS compliance time specified in paragraph (a) of DEPARTMENT OF TRANSPORTATION DIRECTIVES this AD, it is not necessary to accomplish the requirements of paragraph (a) of this AD. Federal Aviation Administration I 1. The authority citation for part 39 (e) After the actions specified in paragraph continues to read as follows: (c) of this AD have been accomplished, no 14 CFR Part 39 Authority: 49 U.S.C. 106(g), 40113, 44701. alternative inspections or inspection intervals may be approved for the structural [Docket No. 2002–NM–319–AD; Amendment 39–13744; AD 2004–15–10] § 39.13 [Amended] elements specified in the documents listed in paragraph (c) of this AD. I 2. Section 39.13 is amended by RIN 2120–AA64 Alternative Methods of Compliance removing amendment 39–12475 (66 FR Airworthiness Directives; Saab Model 54656, October 30, 2001), and by adding (f) In accordance with 14 CFR 39.19, the SAAB SF340A Series Airplanes a new airworthiness directive (AD), Manager, International Branch, ANM–116, amendment 39–13742, to read as Transport Airplane Directorate, FAA, is AGENCY: Federal Aviation follows: authorized to approve alternative methods of Administration, DOT. compliance for this AD. 2004–15–08 Fokker Services B.V.: ACTION: Final rule. Amendment 39–13742. Docket 2002– Incorporation by Reference NM–280–AD. Supersedes AD 2001–21– (g) The actions shall be done in accordance SUMMARY: This amendment adopts a 04, Amendment 39–12475. with Fokker Services B.V. Report SE–623, new airworthiness directive (AD),

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applicable to certain Saab Model SAAB Conclusion Adoption of the Amendment SF340A series airplanes, that requires The FAA has determined that air I Accordingly, pursuant to the authority replacing certain power wires with a safety and the public interest require the delegated to me by the Administrator, modification harness; and testing the adoption of the rule as proposed. the Federal Aviation Administration new harness installation. These actions amends part 39 of the Federal Aviation Cost Impact are necessary to prevent a momentary Regulations (14 CFR part 39) as follows: loss of data on the left-hand electronic The FAA estimates that 12 airplanes flight instrumentation system (LH EFIS) of U.S. registry will be affected by this PART 39—AIRWORTHINESS screens, which could lead to the pilot’s AD, that it will take approximately 30 DIRECTIVES loss of situational awareness during work hours per airplane to accomplish I initial climb or approach/landing, and 1. The authority citation for part 39 the required actions, and that the continues to read as follows: possibly result in reduced control of the average labor rate is $65 per work hour. airplane. This action is intended to Required parts will cost approximately Authority: 49 U.S.C. 106(g), 40113, 44701. address the identified unsafe condition. $5,500 per airplane. Based on these § 39.13 [Amended] figures, the cost impact of the AD on DATES: Effective August 31, 2004. I 2. Section 39.13 is amended by adding U.S. operators is estimated to be the following new airworthiness The incorporation by reference of $89,400, or $7,450 per airplane. certain publications listed in the directive: regulations is approved by the Director The cost impact figure discussed above is based on assumptions that no 2004–15–10 Saab Aircraft AB: Amendment of the Federal Register as of August 31, operator has yet accomplished any of 39–13744. Docket 2002–NM–319–AD. 2004. the requirements of this AD action, and Applicability: Model SAAB SF340A series airplanes, manufacturer serial number –004 ADDRESSES: The service information that no operator would accomplish through –028 inclusive; certificated in any referenced in this AD may be obtained those actions in the future if this AD category. from Saab Aircraft AB, SAAB Aircraft were not adopted. The cost impact Compliance: Required as indicated, unless Product Support, S–581.88, Linko¨ping, figures discussed in AD rulemaking accomplished previously. Sweden. This information may be actions represent only the time To prevent a momentary loss of data on the examined at the Federal Aviation necessary to perform the specific actions left-hand electronic flight instrumentation Administration (FAA), Transport actually required by the AD. These system (LH EFIS) screens, which could lead Airplane Directorate, Rules Docket, figures typically do not include to the pilot’s loss of situational awareness during initial climb or approach/landing, and 1601 Lind Avenue, SW., Renton, incidental costs, such as the time required to gain access and close up, possibly result in reduced control of the Washington; or at the National Archives airplane, accomplish the following: and Records Administration (NARA). planning time, or time necessitated by For information on the availability of other administrative actions. Replacement and Test this material at NARA, call (202) 741– Regulatory Impact (a) Within 12 months after the effective 6030, or go to: http://www.archives.gov/ date of this AD, replace certain power wires _ The regulations adopted herein will with a modification harness, and test the federal register/ harness installation; by doing all of the code_of_federal_regulations/ not have a substantial direct effect on the States, on the relationship between actions in, and in accordance with, the ibr_locations.html. Accomplishment Instructions of Saab Service the national Government and the States, Bulletin 340–29–021, Revision 02, dated FOR FURTHER INFORMATION CONTACT: Dan or on the distribution of power and October 2, 2002. Rodina, Aerospace Engineer, responsibilities among the various International Branch, ANM–116, FAA, levels of government. Therefore, it is Alternative Methods of Compliance Transport Airplane Directorate, 1601 determined that this final rule does not (b) In accordance with 14 CFR 39.19, the Lind Avenue, SW., Renton, Washington have federalism implications under Manager, International Branch, ANM–116, 98055–4056; telephone (425) 227–2125; Executive Order 13132. Transport Airplane Directorate, FAA, is authorized to approve alternative methods of fax (425) 227–1149. For the reasons discussed above, I compliance for this AD. certify that this action (1) is not a SUPPLEMENTARY INFORMATION: A ‘‘significant regulatory action’’ under Incorporation by Reference proposal to amend part 39 of the Federal Executive Order 12866; (2) is not a (c) The actions shall be done in accordance Aviation Regulations (14 CFR part 39) to ‘‘significant rule’’ under DOT with Saab Service Bulletin 340–29–021, include an airworthiness directive (AD) Regulatory Policies and Procedures (44 Revision 02, dated October 2, 2002. This that is applicable to certain Saab Model FR 11034, February 26, 1979); and (3) incorporation by reference was approved by the Director of the Federal Register in SAAB SF340A series airplanes was will not have a significant economic published in the Federal Register on accordance with 5 U.S.C. 552(a) and 1 CFR impact, positive or negative, on a part 51. Copies may be obtained from Saab April 1, 2004 (69 FR 17072). That action substantial number of small entities proposed to require replacing certain Aircraft AB, SAAB Aircraft Product Support, under the criteria of the Regulatory S–581.88, Linko¨ping, Sweden. Copies may be power wires with a modification Flexibility Act. A final evaluation has inspected at the FAA, Transport Airplane harness; and testing the new harness been prepared for this action and it is Directorate, 1601 Lind Avenue, SW., Renton, installation. contained in the Rules Docket. A copy Washington; or at the National Archives and Records Administration (NARA). For Comments of it may be obtained from the Rules Docket at the location provided under information on the availability of this material at NARA, call (202) 741–6030, or go Interested persons have been afforded the caption ADDRESSES. to: http://www.archives.gov/federal_register/ an opportunity to participate in the List of Subjects in 14 CFR Part 39 code_of_federal_regulations/ making of this amendment. No ibr_locations.html. comments were submitted in response Air transportation, Aircraft, Aviation Note 1: The subject of this AD is addressed to the proposal or the FAA’s safety, Incorporation by reference, in Swedish airworthiness directive 1–179, determination of the cost to the public. Safety. dated October 2, 2002.

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Effective Date FOR FURTHER INFORMATION CONTACT: maintenance program, which would (d) This amendment becomes effective on Todd Thompson, Aerospace Engineer, reduce the operational impact. August 31, 2004. International Branch, ANM–116, FAA, The FAA infers that the commenter is Issued in Renton, Washington, on July 9, Transport Airplane Directorate, 1601 requesting that the AD be withdrawn. 2004. Lind Avenue, SW., Renton, Washington We do not agree. The procedures Kevin M. Mullin, 98055–4056; telephone (425) 227–1175; specified in operators’ MRB reports are fax (425) 227–1149. not mandatory. Therefore, we must Acting Manager, Transport Airplane issue an AD to ensure that the identified Directorate, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: A unsafe condition is properly addressed. [FR Doc. 04–16678 Filed 7–26–04; 8:45 am] proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to We acknowledge that some operators BILLING CODE 4910–13–P include an airworthiness directive (AD) may currently have maintenance that is applicable to all BAE Systems programs that address the unsafe condition. If a program is adequate, an DEPARTMENT OF TRANSPORTATION (Operations) Limited (Jetstream) Model 4101 airplanes was published in the operator would be in a position to Federal Aviation Administration Federal Register on October 1, 2003 (68 request approval for an alternative FR 56596). That action proposed to method of compliance with the AD (i.e., 14 CFR Part 39 require various inspections of the to follow the operator’s current program fuselage nose structure between stations rather than revise it to comply with the [Docket No. 2001–NM–270–AD; Amendment 4 and 11, and corrective actions if AD). Our obligation to issue the AD and 39–13740; AD 2004–15–06] necessary. address an unsafe condition remains; the rule must apply to everyone to RIN 2120–AA64 Comments ensure that all affected airplanes are Interested persons have been afforded covered, regardless of who operates Airworthiness Directives; BAE an opportunity to participate in the them. Furthermore, the airworthiness Systems (Operations) Limited making of this amendment. Due authority for the state of design issued (Jetstream) Model 4101 Airplanes consideration has been given to the an airworthiness directive mandating AGENCY: Federal Aviation comments received from a single the same actions required by this AD. Administration, DOT. commenter. This AD has not been changed regarding this issue. ACTION: Final rule. Request To Withdraw Proposed AD Request To Revise Cost Impact Section SUMMARY: This amendment adopts a The commenter, an operator, states new airworthiness directive (AD), that the proposed AD is an unnecessary The commenter notes that the figure applicable to all BAE Systems burden to operators. The commenter in the Cost Impact section of the (Operations) Limited (Jetstream) Model suggests that instead of the FAA issuing proposed AD does not include 4101 airplanes, that requires various an AD, the maintenance review board incidental costs, such as the time inspections of the fuselage nose (MRB) report should be revised to required to gain access and close up an structure between stations 4 and 11, and include the actions required by the airplane. The commenter states that corrective actions if necessary. This proposed AD. The commenter states these costs are not incidental, and that action is necessary to detect and correct that it currently performs numerous the majority of time required to perform fatigue cracking in the primary structure inspections for cracking on its fleet of the various inspections is spent of the nose of the airplane at the forward Jetstream Model 4101 airplanes using accessing the areas to be inspected. We infer that the commenter is avionics bay (fuselage stations 4 to 11), procedures specified in the commenter’s requesting that the Cost Impact section which could result in reduced structural maintenance programs. The commenter of the proposed AD be revised. We do integrity of the airplane. This action is notes that BAE Systems (Operations) not agree. As stated in the proposed AD, intended to address the identified Limited Service Bulletin J41–53–047, Revision 1, dated July 19, 2002, ‘‘the figures discussed in AD rulemaking unsafe condition. specifies that when the inspections and actions represent only the time DATES: Effective August 31, 2004. procedures in the service bulletin are necessary to perform the specific actions The incorporation by reference of published in the MRB report and the actually required by the AD.’’ The certain publications, as listed in the maintenance planning document (MPD), specific actions required by the AD are regulations, is approved by the Director the inspections and procedures will be various inspections of the fuselage nose of the Federal Register as of August 31, deleted from the service bulletin and the structure between stations 4 and 11. We 2004. MRB report will become the published expect that most operators will be able ADDRESSES: The service information source document. The commenter also to do the actions required by this AD referenced in this AD may be obtained notes that another operator, with a fleet during scheduled maintenance. We from British Aerospace Regional of 27 Jetstream Model 4101 airplanes, attempt to set compliance times that Aircraft American Support. This did the inspections specified in the generally coincide with operators’ information may be examined at the service bulletin and did not find any maintenance schedules. However, Federal Aviation Administration (FAA), cracking. Compliance with the proposed because operators’ schedules vary Transport Airplane Directorate, Rules AD would require the commenter to substantially, we cannot accommodate Docket, 1601 Lind Avenue, SW., bring 25 airplanes ‘‘off-line’’ to access every operator’s optimal scheduling in Renton, Washington; or at the National and inspect the areas specified in the each AD. The time necessary for gaining Archives and Records Administration proposed AD. The commenter states access to and closing the inspection area (NARA). For information on the that if the inspection procedures were is incidental. This AD has not been availability of this material at NARA, added to the MRB report through a changed regarding this issue. call (202) 741–6030, or go to: http:// revision, an operator could merge these The commenter also objects to the www.archives.gov/federal_register/ inspections into its established FAA’s assumption that ‘‘no operator code_of_federal_regulations/ maintenance program so the inspections would accomplish those actions in the ibr_locations.html. coincide with the operator’s heavy future if this AD were not adopted.’’ The

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commenter states that it performs to be $185,250, or $3,250 per airplane, § 39.13 [Amended] numerous inspections for cracking in per inspection cycle. I 2. Section 39.13 is amended by adding accordance with its maintenance The cost impact figure discussed the following new airworthiness program. above is based on assumptions that no directive: The commenter appears to have operator has yet accomplished any of misunderstood the context of the quoted 2004–15–06 BAE Systems (Operations) the requirements of this AD action, and Limited (Formerly British Aerospace statement: ‘‘The cost impact figure that no operator would accomplish Regional Aircraft): Amendment 39– discussed above is based on those actions in the future if this AD 13740. Docket 2001–NM–270–AD. assumptions that no operator has yet were not adopted. The cost impact Applicability: All Model Jetstream 4101 accomplished any of the proposed figures discussed in AD rulemaking airplanes, certificated in any category. requirements of this AD action, and that actions represent only the time Compliance: Required as indicated, unless no operator would accomplish those necessary to perform the specific actions accomplished previously. actions in the future if this AD were not actually required by the AD. These To detect and correct fatigue cracking in adopted.’’ The purpose of the Cost figures typically do not include the primary structure of the nose of the Impact section of the NPRM is to airplane at the forward avionics bay (fuselage incidental costs, such as the time stations 4 to 11), which could result in estimate the costs of compliance with required to gain access and close up, the proposed AD. As stated, for this reduced structural integrity of the airplane, planning time, or time necessitated by accomplish the following: purpose, the FAA assumes that all other administrative actions. operators taking the required actions are Inspections doing so only because the AD requires Regulatory Impact (a) Perform detailed, radiographic, and it. We recognize that in most cases this eddy current inspections of the fuselage nose assumption is incorrect, and that the The regulations adopted herein will structure between stations 4 and 11 for resulting costs attributed to the AD are not have a substantial direct effect on discrepancies (including cracking, corrosion, exaggerated. But we do not have access the States, on the relationship between and exposed wiring), per the to data that would enable us to the national Government and the States, Accomplishment Instructions of BAE or on the distribution of power and Systems (Operations) Limited Service accurately determine on what Bulletin J41–53–047, Revision 1, dated July percentage of affected airplanes the responsibilities among the various levels of government. Therefore, it is 19, 2002, except that reporting results of actions would be done in the absence of inspection findings is not required by this the AD. This AD has not been changed determined that this final rule does not AD. Do the inspections at the later of the regarding this issue. have federalism implications under times specified in paragraphs (a)(1) and (a)(2) Executive Order 13132. of this AD. Repeat the inspections thereafter Explanation of Changes to This AD For the reasons discussed above, I at intervals not to exceed 6,000 landings. We have included the headers certify that this action (1) is not a (1) Prior to the accumulation of 10,000 ‘‘Inspections’’ and ‘‘Corrective Actions’’ total landings, but not before the ‘‘significant regulatory action’’ under accumulation of 7,000 total landings. in the body of this AD. These headers Executive Order 12866; (2) is not a (2) Within 3,000 landings after the effective were inadvertently omitted from the ‘‘significant rule’’ under DOT date of this AD, or at the next 8-year proposed AD. We also changed the Regulatory Policies and Procedures (44 environmental (corrosion) inspection, citations for the appropriate source of FR 11034, February 26, 1979); and (3) whichever occurs first. service information from Jetstream will not have a significant economic Note 1: For the purposes of this AD, a Service Bulletin J41–53–047, Revision 1, impact, positive or negative, on a detailed inspection is defined as: ‘‘An dated July 19, 2002, to BAE Systems substantial number of small entities intensive visual examination of a specific (Operations) Limited Service Bulletin under the criteria of the Regulatory structural area, system, installation, or J41–53–047, Revision 1, dated July 19, Flexibility Act. A final evaluation has assembly to detect damage, failure, or 2002, to comply with the Office of the been prepared for this action and it is irregularity. Available lighting is normally Federal Register’s guidelines for supplemented with a direct source of good contained in the Rules Docket. A copy lighting at intensity deemed appropriate by material incorporated by reference. We of it may be obtained from the Rules the inspector. Inspection aids such as mirror, have determined that these changes will Docket at the location provided under magnifying lenses, etc., may be used. Surface neither increase the economic burden the caption ADDRESSES. cleaning and elaborate access procedures on any operator nor increase the scope may be required.’’ List of Subjects in 14 CFR Part 39 of the AD. (b) For the inspections of the surround Conclusion Air transportation, Aircraft, Aviation structure for the avionics bay doors, safety, Incorporation by reference, operators may either remove the high intensity radiated field (HIRF) seal and do a After careful review of the available Safety. data, including the comments noted detailed inspection, or do radiographic and above, we have determined that air Adoption of the Amendment eddy current inspections with the HIRF seal in place. safety and the public interest require the adoption of the rule with the changes I Accordingly, pursuant to the authority Corrective Actions previously described. delegated to me by the Administrator, (c) If any discrepancy is found during any the Federal Aviation Administration inspection required by this AD, before further Cost Impact amends part 39 of the Federal Aviation flight, repair per BAE Systems (Operations) The FAA estimates that 57 airplanes Regulations (14 CFR part 39) as follows: Limited Service Bulletin J41–53–047, of U.S. registry will be affected by this Revision 1, dated July 19, 2002. Where the AD, that it will take approximately 50 PART 39—AIRWORTHINESS service bulletin specifies contacting the DIRECTIVES manufacturer for disposition of repairs, work hours per airplane to accomplish before further flight, repair per a method the required actions, and that the I approved by the Manager, International average labor rate is $65 per work hour. 1. The authority citation for part 39 continues to read as follows: Branch, ANM–116, FAA, Transport Airplane Based on these figures, the cost impact Directorate; or the Civil Aviation Authority of the AD on U.S. operators is estimated Authority: 49 U.S.C. 106(g), 40113, 44701. (or its delegated agent).

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Alternative Methods of Compliance assembly and the bleed air duct shroud support clamps on the APU fuel tube (d) In accordance with 14 CFR 39.19, the for discrepancies (insufficient clearance, assembly. Manager, International Branch, ANM–116, nicks, dents, chafing, or other damage); Comments FAA, is authorized to approve alternative and related investigative and corrective methods of compliance for this AD. actions if necessary. This amendment Interested persons have been afforded Incorporation by Reference also requires relocation of certain an opportunity to participate in the support clamps on the APU fuel tube making of this amendment. No (e) Unless otherwise specified in this AD, comments were submitted in response the actions shall be done in accordance with assembly. This action is necessary to BAE Systems (Operations) Limited Service prevent a fuel leak caused by chafing of to the proposal or the FAA’s Bulletin J41–53–047, Revision 1, dated July the APU fuel tube assembly, which determination of the cost to the public. 19, 2002. This incorporation by reference was could result in fire in the center wing Conclusion approved by the Director of the Federal area. This action is intended to address Register in accordance with 5 U.S.C. 552(a) the identified unsafe condition. The FAA has determined that air and 1 CFR part 51. Copies may be obtained safety and the public interest require the DATES: from British Aerospace Regional Aircraft Effective August 31, 2004. adoption of the rule as proposed. American Support, 13850 Mclearen Road, The incorporation by reference of Herndon, Virginia 20171. Copies may be certain publications listed in the Cost Impact inspected at the FAA, Transport Airplane regulations is approved by the Director The FAA estimates that 125 airplanes Directorate, 1601 Lind Avenue, SW., Renton, of the Federal Register as of August 31, of U.S. registry will be affected by this Washington; or at the National Archives and 2004. AD, that it will take approximately 1 Records Administration (NARA). For information on the availability of this ADDRESSES: The service information work hour per airplane to accomplish material at NARA, call (202) 741–6030, or go referenced in this AD may be obtained the required actions, and that the to: http://www.archives.gov/federal_register/ from Bombardier, Inc., Bombardier average labor rate is $65 per work hour. code_of_federal_regulations/ Regional Aircraft Division, 123 Garratt Based on these figures, the cost impact ibr_locations.html. Boulevard, Downsview, Ontario M3K of the AD on U.S. operators is estimated Note 2: The subject of this AD is addressed 1Y5, Canada. This information may be to be $8,125, or $65 per airplane. in British airworthiness directive 001–06– examined at the FAA, Transport The cost impact figure discussed 2001. Airplane Directorate, 1601 Lind above is based on assumptions that no Avenue, SW., Renton, Washington; or at operator has yet accomplished any of Effective Date the FAA, New York Aircraft the requirements of this AD action, and (f) This amendment becomes effective on Certification Office, 1600 Stewart that no operator would accomplish August 31, 2004. Avenue, suite 410, Westbury, New York; those actions in the future if this AD Issued in Renton, Washington, on July 9, or at the National Archives and Records were not adopted. The cost impact 2004. Administration (NARA). For figures discussed in AD rulemaking Kevin M. Mullin, information on the availability of this actions represent only the time Acting Manager, Transport Airplane material at NARA, call (202) 741–6030, necessary to perform the specific actions Directorate, Aircraft Certification Service. or go to: http://www.archives.gov/ actually required by the AD. These [FR Doc. 04–16679 Filed 7–26–04; 8:45 am] federal_register/ figures typically do not include BILLING CODE 4910–13–P code_of_federal_regulations/ incidental costs, such as the time ibr_locations.html. required to gain access and close up, planning time, or time necessitated by FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION other administrative actions. Mazdak Hobbi, Aerospace Engineer, Federal Aviation Administration Airframe and Propulsion Branch, ANE– Regulatory Impact 171, FAA, New York Aircraft The regulations adopted herein will 14 CFR Part 39 Certification Office, 1600 Stewart not have a substantial direct effect on Avenue, suite 410, Westbury, New York the States, on the relationship between [Docket No. 2003–NM–285–AD; Amendment 11590; telephone (516) 228–7330; fax 39–13743; AD 2004–15–09] the national Government and the States, (516) 794–5531. or on the distribution of power and RIN 2120–AA64 SUPPLEMENTARY INFORMATION: A responsibilities among the various proposal to amend part 39 of the Federal levels of government. Therefore, it is Airworthiness Directives; Bombardier Aviation Regulations (14 CFR part 39) to determined that this final rule does not Model DHC–8–101, –102, –103, –106, include an airworthiness directive (AD) have federalism implications under –201, –202, –301, –311, and –315 that is applicable to certain Bombardier Executive Order 13132. Airplanes Model DHC–8–101, –102, –103, –106, For the reasons discussed above, I AGENCY: Federal Aviation –201, –202, –301, –311, and –315 certify that this action (1) is not a Administration, DOT. airplanes was published in the Federal ‘‘significant regulatory action’’ under ACTION: Final rule. Register on May 19, 2004 (69 FR 28863). Executive Order 12866; (2) is not a That action proposed to require an ‘‘significant rule’’ under DOT SUMMARY: This amendment adopts a inspection of the fuel tube assembly of Regulatory Policies and Procedures (44 new airworthiness directive (AD), the auxiliary power unit (APU) for FR 11034, February 26, 1979); and (3) applicable to certain Bombardier Model clearance from adjacent components; an will not have a significant economic DHC–8–101, –102, –103, –106, –201, inspection of the fuel tube assembly and impact, positive or negative, on a –202, –301, –311, and –315 airplanes. the bleed air duct shroud for substantial number of small entities This amendment requires an inspection discrepancies (insufficient clearance, under the criteria of the Regulatory of the fuel tube assembly of the nicks, dents, chafing, or other damage); Flexibility Act. A final evaluation has auxiliary power unit (APU) for and related investigative and corrective been prepared for this action and it is clearance from adjacent components; actions if necessary. That action also contained in the Rules Docket. A copy and an inspection of the fuel tube proposed to require relocation of certain of it may be obtained from the Rules

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Docket at the location provided under touching distance unless otherwise specified. DEPARTMENT OF TRANSPORTATION the caption ADDRESSES. A mirror may be necessary to enhance visual access to all exposed surfaces in the Federal Aviation Administration List of Subjects in 14 CFR Part 39 inspection area. This level of inspection is Air transportation, Aircraft, Aviation made under normally available lighting 14 CFR Part 39 safety, Incorporation by reference, conditions such as daylight, hangar lighting, Safety. flashlight, or droplight and may require [Docket No. 2003–NM–279–AD; Amendment 39–13741; AD 2004–15–07] removal or opening of access panels or doors. Adoption of the Amendment Stands, ladders, or platforms may be required RIN 2120–AA64 I Accordingly, pursuant to the authority to gain proximity to the area being checked.’’ delegated to me by the Administrator, Airworthiness Directives; Airbus Model the Federal Aviation Administration Inspections Accomplished Per Previous A310 Series Airplanes Issue of Service Bulletin amends part 39 of the Federal Aviation AGENCY: Federal Aviation Regulations (14 CFR part 39) as follows: (b) Actions accomplished before the effective date of this AD per Bombardier Administration, DOT. PART 39—AIRWORTHINESS Service Bulletin 8–49–19, dated May 13, ACTION: Final rule. DIRECTIVES 2003, are considered acceptable for compliance with the corresponding action SUMMARY: This amendment adopts a I 1. The authority citation for part 39 specified in this AD. new airworthiness directive (AD), continues to read as follows: applicable to certain Airbus Model Alternative Methods of Compliance Authority: 49 U.S.C. 106(g), 40113, 44701. A310 series airplanes, that requires (c) In accordance with 14 CFR 39.19, the repetitive inspections for fatigue § 39.13 [Amended] Manager, New York Aircraft Certification cracking of the area around the fasteners I 2. Section 39.13 is amended by adding Office, FAA, is authorized to approve of the landing plate of the aileron access the following new airworthiness alternative methods of compliance for this doors of the bottom skin panel of the directive: AD. wings, and related corrective action. This amendment also provides for an 2004–15–09 Bombardier, Inc. (Formerly de Incorporation by Reference Havilland, Inc.): Amendment 39–13743. optional terminating action, which ends (d) Unless otherwise specified in this AD, Docket 2003–NM–285–AD. the repetitive inspections. This action is the actions shall be done in accordance with Applicability: Model DHC–8–101, –102, necessary to prevent fatigue cracking of Bombardier Service Bulletin 8–49–19, –103, –106, –201, –202, –301, –311, and –315 the area around the fasteners of the airplanes, serial number 003 through 585 Revision A, dated July 7, 2003. This landing plate of the aileron access doors inclusive; certificated in any category; with incorporation by reference was approved by and the bottom skin panel of the wings, auxiliary power unit (APU) installation per the Director of the Federal Register in which could result in reduced structural Standard Option Only (S.O.O.) 8155 or accordance with 5 U.S.C. 552(a) and 1 CFR integrity of the wings. This action is Change Request (CR) 849SO08155. part 51. Copies may be obtained from intended to address the identified Compliance: Required as indicated, unless Bombardier, Inc., Bombardier Regional unsafe condition. accomplished previously. Aircraft Division, 123 Garratt Boulevard, To prevent a fuel leak caused by chafing Downsview, Ontario M3K 1Y5, Canada. DATES: Effective August 31, 2004. of the APU fuel tube assembly, which could Copies may be inspected at the FAA, The incorporation by reference of result in fire in the center wing area, Transport Airplane Directorate, 1601 Lind certain publications listed in the accomplish the following: Avenue, SW., Renton, Washington; or at the regulations is approved by the Director Inspection, Relocation and Related FAA, New York Aircraft Certification Office, of the Federal Register as of August 31, Investigative and Corrective Actions 1600 Stewart Avenue, suite 410, Westbury, 2004. (a) Within 6 months after the effective date New York; or at the National Archives and ADDRESSES: The service information of this AD: Do a general visual inspection of Records Administration (NARA). For referenced in this AD may be obtained the APU fuel tube assembly for information on the availability of this from Airbus, 1 Rond Point Maurice discrepancies. The inspection includes material at NARA, call (202) 741–6030, or go Bellonte, 31707 Blagnac Cedex, France. examining the routing of the fuel tube to: http://www.archives.gov/federal_register/ This information may be examined at assembly to ensure that the tube has code_of_federal_regulations/ the Federal Aviation Administration sufficient clearance between the shroud of ibr_locations.html. the bleed air duct and the gust lock cable; (FAA), Transport Airplane Directorate, and inspecting the fuel tube assembly and Note 2: The subject of this AD is addressed Rules Docket, 1601 Lind Avenue, SW., the bleed air duct shroud for other in Canadian airworthiness directive CF– Renton, Washington; or at the National discrepancies such as nicks, dents, chafing, 2003–22, dated September 3, 2003. Archives and Records Administration or other damage. If the inspection shows no (NARA). For information on the discrepancies, before further flight, relocate Effective Date availability of this material at NARA, the clamps on the fuel tube assembly. If the (e) This amendment becomes effective on call (202) 741–6030, or go to: http:// inspection shows discrepancies, before August 31, 2004. www.archives.gov/federal_register/ further flight, do the applicable related code_of_federal_regulations/ investigative and corrective actions, and Issued in Renton, Washington, on July 9, ibr_locations.html. relocate the clamps on the fuel tube 2004. assembly. Accomplish all actions per the FOR FURTHER INFORMATION CONTACT: Tim Accomplishment Instructions of Bombardier Kevin M. Mullin, Backman, Aerospace Engineer, Service Bulletin 8–49–19, Revision A, dated Acting Manager, Transport Airplane International Branch, ANM–116, FAA, July 7, 2003. Directorate, Aircraft Certification Service. Transport Airplane Directorate, 1601 Note 1: For the purposes of this AD, a [FR Doc. 04–16680 Filed 7–26–04; 8:45 am] Lind Avenue, SW., Renton, Washington general visual inspection is defined as: ‘‘A BILLING CODE 4910–13–P 98055–4056; telephone (425) 227–2797; visual examination of an interior or exterior area, installation, or assembly to detect fax (425) 227–1149. obvious damage, failure, or irregularity. This SUPPLEMENTARY INFORMATION: A level of inspection is made from within proposal to amend part 39 of the Federal

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Aviation Regulations (14 CFR part 39) to For the reasons discussed above, I wings. Do the inspection per the include an airworthiness directive (AD) certify that this action (1) is not a Accomplishment Instructions of Airbus that is applicable to certain Airbus ‘‘significant regulatory action’’ under Service Bulletin A310–57–2082, dated June Model A310 series airplanes was Executive Order 12866; (2) is not a 11, 2002. If no cracking is found, repeat the inspection thereafter at intervals not to published in the Federal Register on ‘‘significant rule’’ under DOT exceed 1,900 flight cycles, until May 19, 2004 (69 FR 28867). That action Regulatory Policies and Procedures (44 accomplishment of the terminating action proposed to require repetitive FR 11034, February 26, 1979); and (3) specified in paragraph (d) of this AD. inspections for fatigue cracking of the will not have a significant economic (b) For airplanes on which Airbus area around the fasteners of the landing impact, positive or negative, on a Modification 5106 has been done as of the plate of the aileron access doors of the substantial number of small entities effective date of this AD: Do the HFEC bottom skin panel of the wings, and under the criteria of the Regulatory inspection required by paragraph (a) of this related corrective action. That action Flexibility Act. A final evaluation has AD at the applicable time specified in also provided for an optional been prepared for this action and it is paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this AD. If no cracking is found, repeat the terminating action, which would end contained in the Rules Docket. A copy inspection thereafter at intervals not to the repetitive inspections. of it may be obtained from the Rules exceed 1,900 flight cycles, until Docket at the location provided under Comments accomplishment of the terminating action the caption ADDRESSES. specified in paragraph (d) of this AD. Interested persons have been afforded (1) For airplanes that have accumulated List of Subjects in 14 CFR Part 39 an opportunity to participate in the fewer than 17,000 total flight cycles since the making of this amendment. No Air transportation, Aircraft, Aviation date of issuance of the original Airworthiness comments were submitted in response safety, Incorporation by reference, Certificate or the date of issuance of the to the proposal or the FAA’s Safety. original Export Certificate of Airworthiness, whichever is first, as of the effective date of determination of the cost to the public. Adoption of the Amendment this AD: Inspect prior to the accumulation of Conclusion 18,000 total flight cycles. I Accordingly, pursuant to the authority (2) For airplanes that have accumulated The FAA has determined that air delegated to me by the Administrator, 17,000 or more total flight cycles, but fewer safety and the public interest require the the Federal Aviation Administration than 19,001 total flight cycles since the date adoption of the rule as proposed. amends part 39 of the Federal Aviation of issuance of the original Airworthiness Regulations (14 CFR part 39) as follows: Certificate or the date of issuance of the Cost Impact original Export Certificate of Airworthiness, The FAA estimates that 46 airplanes PART 39—AIRWORTHINESS whichever is first, as of the effective date of DIRECTIVES this AD: Inspect within 2,000 flight cycles of U.S. registry will be affected by this after the effective date of this AD. AD, that it will take about 2 work hours I 1. The authority citation for part 39 (3) For airplanes that have accumulated per airplane to accomplish the required continues to read as follows: 19,001 or more total flight cycles, but fewer actions, and that the average labor rate than 21,001 total flight cycles since the date is $65 per work hour. Based on these Authority: 49 U.S.C. 106(g), 40113, 44701. of issuance of the original Airworthiness figures, the cost impact of the AD on § 39.13 [Amended] Certificate or the date of issuance of the U.S. operators is estimated to be $5,980, original Export Certificate of Airworthiness, I or $130 per airplane, per inspection 2. Section 39.13 is amended by adding whichever is first, as of the effective date of cycle. the following new airworthiness this AD: Inspect with 1,200 flight cycles after directive: the effective date of this AD. The cost impact figure discussed (4) For airplanes that have accumulated above is based on assumptions that no 2004–15–07 Airbus: Amendment 39–13741. 21,001 or more total flight cycles since the operator has yet accomplished any of Docket 2003–NM–279–AD. date of issuance of the original Airworthiness the requirements of this AD action, and Applicability: Model A310 series airplanes, Certificate or the date of issuance of the that no operator would accomplish certificated in any category; on which Airbus original Export Certificate of Airworthiness, those actions in the future if this AD Modification 12525 has not been done during whichever is first, as of the effective date of production. were not adopted. The cost impact this AD: Inspect within 500 flight cycles after Compliance: Required as indicated, unless the effective date of this AD. figures discussed in AD rulemaking accomplished previously. actions represent only the time To prevent fatigue cracking of the area Corrective Action necessary to perform the specific actions around the fasteners of the landing plate of (c) If any cracking is found during any actually required by the AD. These the aileron access doors and the bottom skin inspection required by paragraph (a) or (b) of figures typically do not include panel of the wings, which could result in this AD: Before further flight, do the actions incidental costs, such as the time reduced structural integrity of the wings, required by either paragraph (c)(1) or (c)(2) of required to gain access and close up, accomplish the following: this AD. (1) Do a permanent repair of the area by planning time, or time necessitated by Repetitive Inspections doing the applicable corrective actions per other administrative actions. (a) For airplanes on which Airbus the Accomplishment Instruction of Airbus Regulatory Impact Modification 5106 (Airbus Service Bulletin Service Bulletin A310–57–2082, dated June A310–57–2004, Revision 2, dated March 5, 11, 2002. Accomplishment of the permanent The regulations adopted herein will 1990) has not been done as of the effective repair terminates the repetitive inspections not have a substantial direct effect on date of this AD: Within 2,000 flight cycles required by this AD for the repaired area the States, on the relationship between after the effective date of this AD, or within only. the national Government and the States, 3,000 flight cycles after the last inspection (2) Do the terminating action specified in or on the distribution of power and done per paragraph (k) of AD 98–26–01, paragraph (d) of this AD. amendment 39–10942 (63 FR 69179, responsibilities among the various December 16, 1998), whichever is first; do a Optional Terminating Action levels of government. Therefore, it is high frequency eddy current (HFEC) (d) Modification of the landing plate of the determined that this final rule does not inspection for cracking of the area around the aileron access doors of the wing bottom skin have federalism implications under fasteners of the landing plate of the wing panel No. 2 of the left and right wings by Executive Order 13132. bottom skin panel No. 2 of the left and right doing all the actions, per the

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Accomplishment Instructions of Airbus DEPARTMENT OF TRANSPORTATION Aviation Regulations (14 CFR part 39) to Service Bulletin A310–57–2081, dated June include an airworthiness directive (AD) 11, 2002, terminates the requirements of this Federal Aviation Administration that is applicable to certain BAE AD. Where the service bulletin specifies Systems (Operations) Limited Model contacting the manufacturer for disposition 14 CFR Part 39 BAe 146 and Avro 146–RJ series of certain repair conditions that may be [Docket No. 2003–NM–172–AD; Amendment airplanes was published in the Federal associated with the modification procedure, 39–13739; AD 2004–15–05] Register on May 27, 2004 (69 FR 30244). this AD requires that the repair be done per That action proposed to require a method approved by either the Manager, RIN 2120–AA64 replacing the existing bellows inlet duct International Branch, ANM–116, FAA, of the auxiliary power unit (APU) Transport Airplane Directorate; or the Airworthiness Directives; BAE Systems (Operations) Limited Model system with a new, improved Direction Ge´ne´rale de l’Aviation Civile, or its rectangular metallic bellows inlet duct. delegated agent. BAe 146 and Avro 146–RJ Series Airplanes Comments Alternative Methods of Compliance AGENCY: Federal Aviation Interested persons have been afforded (e) In accordance with 14 CFR 39.19, the Administration, DOT. an opportunity to participate in the Manager, International Branch, ANM–116, is ACTION: Final rule. making of this amendment. No authorized to approve alternative methods of comments were submitted in response compliance for this AD. SUMMARY: This amendment adopts a to the proposal or the FAA’s Incorporation by Reference new airworthiness directive (AD), determination of the cost to the public. applicable to certain BAE Systems (f) Unless otherwise specified in this AD, (Operations) Limited Model BAe 146 Conclusion the actions shall be done in accordance with and Avro 146-RJ series airplanes, that Airbus Service Bulletin A310–57–2082, The FAA has determined that air requires replacing the existing bellows dated June 11, 2002. The optional safety and the public interest require the inlet duct of the auxiliary power unit terminating action, if accomplished, shall be adoption of the rule as proposed. (APU) system with a new, improved done in accordance with Airbus Service Cost Impact Bulletin A310–57–2081, dated June 11, 2002. rectangular metallic bellows inlet duct. The FAA estimates that 54 airplanes This incorporation by reference was This action is necessary to prevent air of U.S. registry will be affected by this approved by the Director of the Federal from the APU bay being ingested into AD, that it will take approximately 2 Register in accordance with 5 U.S.C. 552(a) the flight deck and passenger cabin work hours per airplane to accomplish and 1 CFR part 51. Copies may be obtained resulting in poor air quality and, if the from Airbus, 1 Rond Point Maurice Bellonte, air is contaminated, possible the required actions, and that the 31707 Blagnac Cedex, France. Copies may be incapacitation of the flightcrew and average labor rate is $65 per work hour. inspected at the FAA, Transport Airplane passengers. This action is intended to Required parts will cost approximately Directorate, 1601 Lind Avenue, SW., Renton, address the identified unsafe condition. $4,500 per airplane. Based on these Washington; or at the National Archives and DATES: Effective August 31, 2004. figures, the cost impact of the AD on Records Administration (NARA). For The incorporation by reference of U.S. operators is estimated to be information on the availability of this certain publications listed in the $250,020, or $4,630 per airplane. material at NARA, call (202) 741–6030, or go regulations is approved by the Director The cost impact figure discussed to: http://www.archives.gov/federal_register/ of the Federal Register as of August 31, above is based on assumptions that no code_of_federal_regulations/ 2004. operator has yet accomplished any of ibr_locations.html. ADDRESSES: The service information the requirements of this AD action, and that no operator would accomplish Note 1: The subject of this AD is addressed referenced in this AD may be obtained those actions in the future if this AD in French airworthiness directive 2003– from British Aerospace Regional 242(B), dated June 25, 2003. Aircraft American Support, 13850 were not adopted. The cost impact Mclearen Road, Herndon, Virginia figures discussed in AD rulemaking Effective Date 20171. This information may be actions represent only the time (g) This amendment becomes effective on examined at the Federal Aviation necessary to perform the specific actions August 31, 2004. Administration (FAA), Transport actually required by the AD. These Airplane Directorate, Rules Docket, figures typically do not include Issued in Renton, Washington, on July 9, 1601 Lind Avenue, SW., Renton, incidental costs, such as the time 2004. Washington; or at the National Archives required to gain access and close up, Kevin M. Mullin, and Records Administration (NARA). planning time, or time necessitated by other administrative actions. Acting Manager, Transport Airplane For information on the availability of Directorate, Aircraft Certification Service. this material at NARA, call (202) 741– Regulatory Impact 6030, or go to: http://www.archives.gov/ [FR Doc. 04–16675 Filed 7–26–04; 8:45 am] The regulations adopted herein will federal_register/ BILLING CODE 4910–13–P not have a substantial direct effect on code_of_federal_regulations/ the States, on the relationship between ibr_locations.html. the national Government and the States, FOR FURTHER INFORMATION CONTACT: or on the distribution of power and Todd Thompson, Aerospace Engineer, responsibilities among the various International Branch, ANM–116, FAA, levels of government. Therefore, it is Transport Airplane Directorate, 1601 determined that this final rule does not Lind Avenue, SW., Renton, Washington have federalism implications under 98055–4056; telephone (425) 227–1175; Executive Order 13132. fax (425) 227–1149. For the reasons discussed above, I SUPPLEMENTARY INFORMATION: A certify that this action (1) is not a proposal to amend part 39 of the Federal ‘‘significant regulatory action’’ under

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Executive Order 12866; (2) is not a certain information to the manufacturer, this new obstacles, or changes in air traffic ‘‘significant rule’’ under DOT AD does not include such a requirement. requirements. These changes are Regulatory Policies and Procedures (44 Alternative Methods of Compliance designed to provide safe and efficient FR 11034, February 26, 1979); and (3) (b) In accordance with 14 CFR 39.19, the use of the navigable airspace and to will not have a significant economic Manager, International Branch, ANM–116, promote safe flight operations under impact, positive or negative, on a Transport Airplane Directorate, FAA, is instrument flight rules at the affected substantial number of small entities authorized to approve alternative methods of airports. compliance for this AD. under the criteria of the Regulatory DATES: This rule is effective July 27, Flexibility Act. A final evaluation has Incorporation by Reference 2004. The compliance date for each been prepared for this action and it is SIAP is specified in the amendatory contained in the Rules Docket. A copy (c) The action shall be done in accordance with BAE Systems (Operations) Limited provisions. of it may be obtained from the Rules Modification Service Bulletin SB.49–036– The incorporation by reference of Docket at the location provided under 36019E, Revision 4, dated April 30, 2003. certain publications listed in the the caption ADDRESSES. This incorporation by reference was regulations is approved by the Director List of Subjects in 14 CFR Part 39 approved by the Director of the Federal of the Federal Register as of July 27, Register in accordance with 5 U.S.C. 552(a) 2004. Air transportation, Aircraft, Aviation and 1 CFR part 51. Copies may be obtained safety, Incorporation by reference, from British Aerospace Regional Aircraft ADDRESSES: Availability of matters Safety. American Support, 13850 Mclearen Road, incorporated by reference in the Herndon, Virginia 20171. Copies may be amendment is as follows: Adoption of the Amendment inspected at the FAA, Transport Airplane For Examination— Directorate, 1601 Lind Avenue, SW., Renton, 1. FAA Rules Docket, FAA I Accordingly, pursuant to the authority Washington; or at the National Archives and delegated to me by the Administrator, Records Administration (NARA). For Headquarters Building, 800 the Federal Aviation Administration information on the availability of this Independence Avenue, SW., amends part 39 of the Federal Aviation material at NARA, call (202) 741–6030, or go Washington, DC 20591; Regulations (14 CFR part 39) as follows: to: http://www.archives.gov/federal_register/ 2. The FAA Regional Office of the code_of_federal_regulations/ibr_locations. region in which the affected airport is PART 39—AIRWORTHINESS html. located; DIRECTIVES Note 1: The subject of this AD is addressed 3. The Flight Inspection Area Office in British airworthiness directive 007–04– which originated the SIAP; or I 1. The authority citation for part 39 2003. 4. The National Archives and Records continues to read as follows: Effective Date Administration (NARA). For Authority: 49 U.S.C. 106(g), 40113, 44701. information on the availability of this (d) This amendment becomes effective on material at NARA, call 202–741–6030, August 31, 2004. § 39.13 [Amended] or go to: http://www.archives.gov/ I 2. Section 39.13 is amended by adding Issued in Renton, Washington, on July 9, federal_register/ 2004. the following new airworthiness code_of_federal_regulations/ directive: Kevin M. Mullin, ibr_locations.html. Acting Manager, Transport Airplane For Purchase—Individual SIAP 2004–15–05 BAE Systems (Operations) Directorate, Aircraft Certification Service. Limited (Formerly British Aerospace copies may be obtained from: Regional Aircraft): Amendment 39– [FR Doc. 04–16673 Filed 7–26–04; 8:45 am] 1. FAA Public Inquiry Center (APA– 13739. Docket 2003–NM–172–AD. BILLING CODE 4910–13–P 200), FAA Headquarters Building, 800 Applicability: Model 146 series airplanes Independence Avenue, SW., with Modification HCM30027A, Washington, DC 20591; or HCM36019A, or HCM30373A installed; and DEPARTMENT OF TRANSPORTATION 2. The FAA Regional Office of the Model Avro 146–RJ series airplanes with region in which the affected airport is Modification HCM36019A or HCM30373A Federal Aviation Administration located. installed; certificated in any category. By Subscription—Copies of all SIAPs, Compliance: Required as indicated, unless 14 CFR Part 97 mailed once every 2 weeks, are for sale accomplished previously. [Docket No. 30419; Amdt. No. 3101] by the Superintendent of Documents, To prevent air from the auxiliary power U.S. Government Printing Office, unit (APU) bay being ingested into the flight Standard Instrument Approach deck and passenger cabin resulting in poor Washington, DC 20402. air quality and, if the air is contaminated, Procedures; Miscellaneous FOR FURTHER INFORMATION CONTACT: possible incapacitation of the flightcrew and Amendments Donald P. Pate, Flight Procedure passengers, accomplish the following: AGENCY: Federal Aviation Standards Branch (AMCAFS–420), Replacement of Rubber Bellows Inlet Duct Administration (FAA), DOT. Flight Technologies and Programs Division, Flight Standards Service, (a) Within 24 months or 4,000 flight cycles ACTION: Final rule. after the effective date of this AD, whichever Federal Aviation Administration, Mike is first: Replace the existing rubber bellows SUMMARY: This amendment establishes, Monroney Aeronautical Center, 6500 inlet duct and sealing configuration of the amends, suspends, or revokes Standard South MacArthur Blvd., Oklahoma City, APU system, with a new, improved Instrument Approach Procedures OK 73169 (Mail Address: P.O. Box rectangular metallic bellows inlet duct, (SIAPs) for operations at certain 25082, Oklahoma City, OK 73125), which incorporates an improved seal and airports. These regulatory actions are telephone: (405) 954–4164. clamp configuration, per the SUPPLEMENTARY INFORMATION: Accomplishment Instructions of BAE needed because of the adoption of new This Systems (Operations) Limited Modification or revised criteria, or because of changes amendment to part 97 of the Federal Service Bulletin SB.49–036–36019E, occurring in the National Airspace Aviation Regulations (14 CFR part 97) Revision 4, dated April 30, 2003. Although System, such as the commissioning of establishes, amends, suspends, or the service bulletin specifies to submit new navigational facilities, addition of revokes Standard Instrument Approach

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Procedures (SIAPs). The complete Conclusion Memphis, TN, General Dewitt Spain, GPS regulatory description of each SIAP is RWY 17, Orig-A The FAA has determined that this contained in official FAA form Dallas-Fort Worth, TX, Dallas-Fort Worth regulation only involves an established documents which are incorporated by Intl, CONVERGING ILS RWY 36R, Amdt body of technical regulations for which 1F reference in this amendment under 5 frequent and routine amendments are Dallas-Fort Worth, TX, Dallas-Fort Worth U.S.C. 552(a), 1 CFR part 51, and § 97.20 necessary to keep them operationally Intl, ILS OR LOC RWY 36R, Amdt 3C of the Federal Aviation Regulations current. It, therefore—(1) is not a Dallas-Fort Worth, TX, Dallas-Fort Worth (FAR). The applicable FAA Forms are ‘‘significant regulatory action’’ under Intl, ILS OR LOC RWY 17R, Amdt 21A identified as FAA Forms 8260–3, 8260– Dallas-Fort Worth, TX, Dallas-Fort Worth Executive Order 12866; (2) is not a 4, and 8260–5. Materials incorporated Intl, CONVERGING ILS RWY 35L, Amdt ‘‘significant rule’’ under DOT by reference are available for 2C Regulatory Policies and Procedures (44 examination or purchase as stated Dallas-Fort Worth, TX, Dallas-Fort Worth FR 11034; February 26, 1979); and (3) above. Intl, ILS OR LOC RWY 35L, Amdt 3B does not warrant preparation of a Dallas-Fort Worth, TX, Dallas-Fort Worth The large number of SIAPs, their regulatory evaluation as the anticipated Intl, CONVERGING ILS Y RWY 18L, complex nature, and the need for a impact is so minimal. For the same Orig-A special format make their verbatim reason, the FAA certifies that this Dallas-Fort Worth, TX, Dallas-Fort Worth publication in the Federal Register amendment will not have a significant Intl, CONVERGING ILS Z RWY 18L, expensive and impractical. Further, economic impact on a substantial Orig-A airmen do not use the regulatory text of Dallas-Fort Worth, TX, Dallas-Fort Worth number of small entities under the Intl, ILS OR LOC Y RWY 18L, Orig-A the SIAPs, but refer to their graphic criteria of the Regulatory Flexibility Act. depiction on charts printed by Dallas-Fort Worth, TX, Dallas-Fort Worth List of Subjects in 14 CFR Part 97 Intl, ILS OR LOC Z RWY 18L, Orig-A publishers of aeronautical materials. Dallas-Fort Worth, TX, Dallas-Fort Worth Thus, the advantages of incorporation Air Traffic Control, Airports, Intl, CONVERGING ILS RWY 17R, Amdt by reference are realized and Incorporation by reference, and 7B publication of the complete description Navigation (air). Higgins, TX, Higgins-Lipscomb County, of each SIAP contained in FAA form VOR/DME–A, Orig documents is unnecessary. The Issued in Washington, DC on July 16, 2004. Higgins, TX, Higgins-Lipscomb County, provisions of this amendment state the James J. Ballough, VOR/DME OR GPS RWY 18, Amdt 3A, affected CFR (and FAR) sections, with Director, Flight Standards Service. CANCELLED the types and effective dates of the Adoption of the Amendment [FR Doc. 04–17016 Filed 7–26–04; 8:45 am] SIAPs. This amendment also identifies BILLING CODE 4910–13–P the airport, its location, the procedure I Accordingly, pursuant to the authority identification and the amendment delegated to me, part 97 of the Federal number. Aviation Regulations (14 CFR part 97) is DEPARTMENT OF THE TREASURY amended by establishing, amending, The Rule suspending, or revoking Standard Internal Revenue Service This amendment to part 97 is effective Instrument Approach Procedures, upon publication of each separate SIAP effective at 0901 UTC on the dates 26 CFR Part 1 as contained in the transmittal. Some specified, as follows: SIAP amendments may have been [TD 8408] PART 97—STANDARD INSTRUMENT previously issued by the FAA in a RIN 1545–BH32 National Flight Data Center (NFDC) APPROACH PROCEDURES Notice to Airmen (NOTAM) as an I 1. The authority citation for part 97 Economic Performance Requirement; emergency action of immediate flight continues to read as follows: Correction safety relating directly to published aeronautical charts. The circumstances Authority: 49 U.S.C. 106(g), 40103, 40106, AGENCY: Internal Revenue Service (IRS), which created the need for some SIAP 40113, 40114, 40120, 44502, 44514, 44701, Treasury. amendments may require making them 44719, 44721–44722. ACTION: Correcting amendment. effective in less than 30 days. For the I 2. Part 97 is amended to read as SUMMARY: This document contains a remaining SIAPs, an effective date at follows: least 30 days after publication is correction to TD 8408 which was provided. Effective September 30, 2004 published in the Federal Register on Friday, April 10, 1992 (57 FR 12411) Further, the SIAPs contained in this Milton, FL, Peter Prince Field, RADAR–1, relating to the requirement that amendment are based on the criteria Orig St. Augustine, FL, St. Augustine, VOR RWY economic performance occur in order contained in the U.S. Standard for 31, Orig for an amount to be incurred with Terminal Instrument Procedures St. Augustine, FL, St. Augustine, VOR RWY respect to any item of a taxpayer using (TERPS). In developing these SIAPs, the 13, Orig an accrual method of accounting. TERPS criteria were applied to the St. Augustine, FL, St. Augustine, VOR RWY conditions existing or anticipated at the 13, Amdt 5A, CANCELLED DATES: This correction is effective April affected airports. Because of the close St. Augustine, FL, St. Augustine, VOR RWY 10, 1992. and immediate relationship between 31, Orig-A, CANCELLED FOR FURTHER INFORMATION CONTACT: these SIAPs and safety in air commerce, Manhattan, KS, Manhattan Rgnl, RNAV Robert M. Casey, (202) 622–4950 (not a I find that notice and public procedure (GPS) RWY 31, Orig, CANCELLED toll-free number). Somerset, KY, Somerset-Pulaski County—J.T. before adopting these SIAPs are Wilson Field, LOC RWY 5, Amdt 1 SUPPLEMENTARY INFORMATION: impracticable and contrary to the public Portland, OR, Portland-Hillsboro, ILS OR Background interest and, where applicable, that LOC RWY 12, Amdt 8 good cause exists for making some Memphis, TN, General Dewitt Spain, VOR The final regulation (TD 8408) that is SIAPs effective in less than 30 days. RWY 17, Orig-A the subject of this correction is under

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section 461 of the Internal Revenue SUMMARY: This document contains a issued by the Coast Guard and Code. correction to temporary regulations that temporarily effective between April 1, were published in the Federal Register 2004 and June 30, 2004, that were not Need for Correction on June 17, 2004 (69 FR 33840) relating published in the Federal Register. This As published, TD 8408, contains an to the depreciation of property subject quarterly notice lists temporary special error that may prove to be misleading to section 168 of the Internal Revenue local regulations, security zones, and and is in need of clarification. Code. safety zones, all of limited duration and for which timely publication in the List of Subjects in 26 CFR Part 1 DATES: This correction is effective June 17, 2004. Federal Register was not possible. Income taxes, Reporting and DATES: This document lists temporary recordkeeping requirements. FOR FURTHER INFORMATION CONTACT: Sara Logan or Kathleen Reed, (202) 622–3110 Coast Guard rules that became effective Correction of Publication (not a toll-free number). and were terminated between April 1, 2004, and June 30, 2004. SUPPLEMENTARY INFORMATION: I Accordingly, 26 CFR Part 1 is corrected ADDRESSES: The Docket Management by making the following correcting Background Facility maintains the public docket for amendment: The correction notice that is the this notice. Documents indicated in this notice will be available for inspection or PART 1—INCOME TAXES subject of this document is under section 168 of the Internal Revenue copying at the Docket Management I Paragraph 1. The authority citation for Code. Facility, U.S. Department of part 1 continues to read in part as Transportation, Room PL–401, 400 follows: Need for Correction Seventh Street SW., Washington, DC 20593–0001 between 9 a.m. and 5 p.m., Authority: 26 U.S.C. 7805 * * * As published, the correction notice (TD 9132), contains an error that may Monday through Friday, except Federal § 1.461–4 [Corrected] prove to be misleading and is in need Holidays. You may electronically access the public docket for this notice on the I of clarification. Par. 2. Section 1.461–4(d)(4)(i) is Internet at http://dms.dot.gov. amended by revising the first sentence to Correction of Publication FOR FURTHER INFORMATION CONTACT: For read as follows: I Accordingly, the correction notice (TD questions on this notice contact LT Jeff § 1.461–4 Economic performance. 9132), which was the subject of FR Doc. Bray, Office of Regulations and * * * * * 04–13723, is corrected as follows: Administrative Law, telephone (202) (d) * * * 267–2830. For questions on viewing, or (4) * * * (i) In general. Except as PART 1—INCOME TAXES on submitting material to the docket, otherwise provided in paragraph (d)(5) contact Andrea M. Jenkins, Program § 1.168(i)–4 [Corrected] of this section, if the liability of a Manager, Docket Operations, telephone taxpayer requires the taxpayer to I On page 33843, column 2, amendatory 202–366–0271. provide services or property to another paragraph 5, lines 2 and 3, the language SUPPLEMENTARY INFORMATION: Coast person, economic performance occurs as ‘‘read as follows: § 1.168(i)–4 Changes in Guard District Commanders and the taxpayer incurs costs (within the use.’’ is corrected to read as follows: Captains of the Port (COTP) must be meaning of § 1.446–1(c)(1)(ii)) in ‘‘reads as follows: immediately responsive to the safety and security needs within their connection with the satisfaction of the § 1.168(i)–4 Changes in use.’’ liability. * * * jurisdiction; therefore, District * * * * * Cynthia Grigsby, Commanders and COTPs have been Acting Chief, Publications and Regulations delegated the authority to issue certain Cynthia Grigsby, Branch, Legal Processing Division, Associate regulations. Safety zones may be Acting Chief, Publications and Regulations Chief Counsel (Procedures and established for safety or environmental Branch Legal Processing Division, Associate Administration). purposes. A safety zone may be Chief Counsel, (Procedures and [FR Doc. 04–17081 Filed 7–26–04; 8:45 am] stationary and described by fixed limits Administration). BILLING CODE 4830–01–P or it may be described as a zone around [FR Doc. 04–17078 Filed 7–26–04; 8:45 am] a vessel in motion. Security zones limit BILLING CODE 4830–01–P access to prevent injury or damage to DEPARTMENT OF HOMELAND vessels, ports, or waterfront facilities SECURITY and may also describe a zone around a DEPARTMENT OF THE TREASURY vessel in motion. Special local regulations are issued to enhance the Internal Revenue Service Coast Guard safety of participants and spectators at regattas and other marine events. 26 CFR Part 1 33 CFR Parts 100 and 165 Timely publication of these rules in the [USCG–2004–18677] [TD 9132] Federal Register is often precluded when a rule responds to an emergency, RIN 1545–BB05 Quarterly Listings; Safety Zones, Security Zones, and Special Local or when an event occurs without Regulations sufficient advance notice. The affected Changes in Use Under Section public is, however, informed of these 168(i)(5); Correction AGENCY: Coast Guard, DHS. rules through Local Notices to Mariners, AGENCY: Internal Revenue Service (IRS), ACTION: Notice of temporary rules press releases, and other means. Treasury. issued. Moreover, actual notification is provided by Coast Guard patrol vessels ACTION: Correction to temporary SUMMARY: This document provides enforcing the restrictions imposed by regulations. required notice of substantive rules the rule. Because Federal Register

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publication was not possible before the temporary special local regulations, Review, because of their emergency beginning of the effective period, security zones and safety zones. nature, or limited scope and temporary mariners were personally notified of the Permanent rules are not included in this effectiveness. contents of these special local list because they are published in their The following rules were placed in regulations, security zones, or safety entirety in the Federal Register. effect temporarily during the period zones by Coast Guard officials’ on-scene Temporary rules are also published in from April 1, 2004, through June 30, prior to any enforcement action. their entirety if sufficient time is However, the Coast Guard, by law, must available to do so before they are placed 2004, unless otherwise indicated. publish in the Federal Register notice of in effect or terminated. The safety zones, Dated: July 20, 2004. substantive rules adopted. To meet this special local regulations and security C.G. Green, obligation without imposing undue zones listed in this notice have been Acting Chief, Office of Regulations and expense on the public, the Coast Guard exempted from review under Executive Administrative Law. periodically publishes a list of these Order 12866, Regulatory Planning and

DISTRICT QUARTERLY REPORT—2ND QUARTER 2004

Effective District docket Location Type date

01–04–037 ...... Wells, ME ...... Security Zone ...... 4/22/2004 01–04–041 ...... New London, CT ...... Security Zone ...... 5/19/2004 01–04–050 ...... Norwalk, CT ...... Safety Zone ...... 4/11/2004 01–04–052 ...... Jones Beach 75th Anniversary Air Show, NY ...... Safety Zone ...... 5/30/2004 01–04–077 ...... East River, NY ...... Safety Zone ...... 6/24/2004 05–03–086 ...... Chesapeake Bay, James River, Williamsburg, VA ...... Safety Zone ...... 5/4/2004 05–04–051 ...... Bogue Sound, NC ...... Safety Zone ...... 4/6/2004 05–04–053 ...... Atlantic Ocean, Delaware Bay, and Delaware ...... Security Zone ...... 5/6/2004 05–04–058 ...... Bogue Sound, NC ...... Safety Zone ...... 4/20/2004 05–04–059 ...... Washington, DC ...... Safety Zone ...... 4/10/2004 05–04–062 ...... Hampton Roads, VA ...... Security Zone ...... 4/1/2004 05–04–063 ...... Virginia Beach, VA ...... Safety Zone ...... 4/5/2004 05–04–064 ...... Chesapeake Bay, Sandy Point to Kent Island ...... Security Zone ...... 5/2/2004 05–04–064 ...... St. Mary’s River, St. Mary’s City, MD ...... Special Local Reg ...... 4/24/2004 05–04–069 ...... Hampton Roads, VA ...... Security Zone ...... 4/8/2004 05–04–074 ...... Willoughby Bay, Norfolk, VA ...... Special Local Reg ...... 4/24/2004 05–04–075 ...... Hampton Roads, Elizabeth River, VA ...... Security Zone ...... 4/12/2004 05–04–076 ...... Hampton Roads, VA ...... Security Zone ...... 4/13/2004 05–04–077 ...... Hampton Roads, VA ...... Security Zone ...... 4/18/2004 05–04–078 ...... Hampton Roads, VA ...... Security Zone ...... 4/22/2004 05–04–079 ...... Bogue Sound, NC ...... Safety Zone ...... 4/14/2004 05–04–080 ...... Hampton Roads, VA ...... Security Zone ...... 4/27/2004 05–04–082 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 4/27/2004 05–04–083 ...... Baltimore, MD ...... Security Zone ...... 4/27/2004 05–04–084 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 5/3/2004 05–04–085 ...... Atlantic Intracoastal Waterway, Sunset Beach ...... Safety Zone ...... 4/27/2004 05–04–088 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 5/17/2004 05–04–089 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 5/12/2004 05–04–091 ...... Atlantic Ocean, Virginia Beach, VA ...... Safety Zone ...... 5/14/2004 05–04–092 ...... M/V Sequoia G–8 Summit, Washington, DC ...... Security Zone ...... 5/10/2004 05–04–093 ...... G–8 Summit, Washington, DC ...... Security Zone ...... 5/11/2004 05–04–094 ...... American-Israeli Political Action Committee ...... Security Zone ...... 5/17/2004 05–04–095 ...... Chesapeake Bay, VA ...... Security Zone ...... 5/17/2004 05–04–096 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 5/27/2004 05–04–097 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 5/22/2004 05–04–102 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 6/1/2004 05–04–103 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 5/29/2004 05–04–107 ...... Manasquan River, Manasquan Inlet and Atlantic ...... Special Local Reg ...... 6/27/2004 05–04–109 ...... Big Timber Creek, Westville, NJ ...... Special Local Reg ...... 6/26/2004 05–04–112 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 6/10/2004 05–04–113 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 6/14/2004 05–04–114 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 6/27/2004 05–04–115 ...... Chesapeake Bay, Hampton Roads, VA ...... Security Zone ...... 6/21/2004 05–04–119 ...... Potomac River, Alexandria, VA ...... Safety Zone ...... 6/19/2004 05–04–124 ...... Potomac River, Chery Hill, VA ...... Safety Zone ...... 6/26/2004 07–04–029 ...... Indian Creek, Miami ...... Special Local ...... 5/1/2004 07–04–083 ...... St. Petersburg, FL ...... Special Local Reg ...... 6/25/2004 09–04–001 ...... Staten Island Ferry, 2 Menominee River ...... Safety Zone ...... 5/8/2004 09–04–010 ...... Trenton Channel, MI ...... Safety Zone ...... 4/7/2004 09–04–013 ...... Lake Michigan ...... Safety Zone ...... 6/11/2004 09–04–019 ...... Rockets for Schools, Sheboygan, WI ...... Safety Zone ...... 5/15/2004 09–04–022 ...... Captain of the Port Detroit Zone, Detroit ...... Security Zone ...... 5/20/2004 09–04–029 ...... Ontario, NY ...... Safety Zone ...... 5/31/2004 09–04–033 ...... Sackets Harbor, NY ...... Safety Zone ...... 6/12/2004 09–04–036 ...... Lake Michigan ...... Safety Zone ...... 6/19/2004 09–04–037 ...... North Channel, St. Clair River, MI ...... Safety Zone ...... 6/5/2004

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DISTRICT QUARTERLY REPORT—2ND QUARTER 2004—Continued

Effective District docket Location Type date

09–04–038 ...... Lake Michigan ...... Security Zone ...... 6/10/2004 09–04–039 ...... Lake Huron, MI ...... Safety Zone ...... 6/12/2004 09–04–040 ...... Brownstown, Lake Erie, MI ...... Safety Zone ...... 6/12/2004 09–04–041 ...... St. Mary’s River ...... Safety Zone ...... 6/18/2004 09–04–042 ...... Detroit River ...... Security Zone ...... 6/17/2004 09–04–043 ...... Detroit River ...... Security Zone ...... 6/17/2004 09–04–045 ...... Detroit River ...... Safety Zone ...... 6/20/2004 09–04–046 ...... Ottawa River ...... Safety Zone ...... 6/26/2004 09–04–048 ...... Saginaw River, Bay City, MI ...... Safety Zone ...... 6/25/2004 13–04–021 ...... Columbia River ...... Safety Zone ...... 4/20/2004 13–04–024 ...... Sitcum Waterway, Commencement Bay, Puget ...... Security Zone ...... 5/1/2004 13–04–027 ...... Budd Inlet ...... Security Zone ...... 6/6/2004

COTP QUARTERLY REPORT—2ND QUARTER 2004

Effective COTP Docket Location Type date

Jacksonville 04–042 ...... Fernandina Beach, FL ...... Safety Zone ...... 4/30/2004 Jacksonville 04–048 ...... St. Johns River, Palatka, FL ...... Safety Zone ...... 5/28/2004 Jacksonville 04–049 ...... St. Johns River, Green Cove Springs, FL ...... Safety Zone ...... 5/31/2004 Jacksonville 04–050 ...... St. John’s River ...... Safety Zone ...... 6/11/2004 Jacksonville 04–060 ...... St. Johns River, Jacksonville, FL ...... Security Zone ...... 5/11/2004 Jacksonville 04–061 ...... Indian River, FL ...... Safety Zone ...... 6/26/2004 Jacksonville 04–087 ...... Jacksonville, FL ...... Safety Zone ...... 6/24/2004 Los Angeles 04–002 ...... Point Mugu, CA ...... Security Zone ...... 6/9/2004 Los Angeles 04–003 ...... Long Beach, CA ...... Safety Zone ...... 6/21/2004 Miami 04–027 ...... Red Bull Flugtag, Miami, FL ...... Safety Zone ...... 4/24/2004 Miami 04–032 ...... Sun Fest Fireworks, West Palm Beach, FL ...... Safety Zone ...... 4/30/2004 Miami 04–063 ...... Million Dollar Rubber Duck Race, Miami River, ... Safety Zone ...... 6/13/2004 Mobile 04–009 ...... Biloxi, MS ...... Safety Zone ...... 4/24/2004 Morgan City 04–005 ...... Atchafalaya River ...... Security Zone ...... 4/12/2004 Pittsburg 04–002 ...... Allegheny River ...... Safety Zone ...... 4/7/2004 Pittsburg 04–005 ...... Allegheny River ...... Safety Zone ...... 4/24/2004 Pittsburg 04–006 ...... Sllegheny River ...... Safety Zone ...... 5/7/2004 Port Arthur 04–005 ...... Sabine River ...... Safety Zone ...... 4/28/2004 San Diego 04–006 ...... Oceanside Harbor, CA ...... Safety Zone ...... 4/3/2004 San Diego 04–008 ...... Parker, AZ ...... Safety Zone ...... 4/17/2004 San Diego 04–009 ...... Colorado River, Between Laughlin Bridge ...... Safety Zone ...... 5/7/2004 San Diego 04–010 ...... Crazy Horse Campground, Lake Havasu, AZ ..... Safety Zone ...... 5/15/2004 San Diego 04–012 ...... Lake Havasu ...... Safety Zone ...... 6/5/2004 San Diego 04–013 ...... Colorado River ...... Safety Zone ...... 6/5/2004 San Diego 04–014 ...... Crazy Horse Campground, Lake Havasu, AZ ..... Safety Zone ...... 6/26/2004 Savannah 04–040 ...... Savannah River, Savannah, GA ...... Security Zone ...... 4/24/2004 Savannah 04–059 ...... Savannah River ...... Security Zone ...... 4/7/2004 Savannah 04–080 ...... Brunswick River, Brunswick, GA ...... Security Zone ...... 6/5/2004 SF Bay 04–005 ...... San Francisco Bay ...... Safety Zone ...... 4/13/2004 SF Bay 04–008 ...... San Francisco Bay, CA ...... Safety Zone ...... 5/19/2004 SF Bay 04–009 ...... Solando County, CA ...... Safety Zone ...... 4/29/2004 SF Bay 04–011 ...... Suisin Bay ...... Security Zone ...... 5/12/2004 SF Bay 04–013 ...... Middle River ...... Safety Zone ...... 6/3/2004 SF Bay 04–015 ...... Suisin Bay ...... Safety Zone ...... 6/25/2004 SF Bay 04–017 ...... San Francisco Bay ...... Security Zone ...... 6/27/2004

[FR Doc. 04–17015 Filed 7–26–04; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Direct final rule. BILLING CODE 4910–15–M AGENCY SUMMARY: EPA is taking direct final 40 CFR Part 52 action to approve revisions to the South Coast Air Quality Management District [CA 298–0459a; FRL–7784–3] portion of the California State Implementation Plan (SIP). These Revisions to the California State revisions concern volatile organic Implementation Plan, South Coast Air compound (VOC) emissions from Quality Management District solvent cleaning operations. We are approving a local rule that regulates AGENCY: Environmental Protection Agency (EPA). these emission sources under the Clean

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Air Act as amended in 1990 (CAA or the submitted SIP revisions by appointment SUPPLEMENTARY INFORMATION: Act). at the following locations: Throughout this document, ‘‘we,’’ ‘‘us’’ DATES: This rule is effective on Air and Radiation Docket and and ‘‘our’’ refer to EPA. September 27, 2004, without further Information Center, U.S. Environmental Table of Contents notice, unless EPA receives adverse Protection Agency, Room B–102, 1301 comments by August 26, 2004. If we Constitution Avenue, NW., (Mail Code I. The State’s Submittal receive such comments, we will publish 6102T), Washington, DC 20460. A. What rule did the State Submit? a timely withdrawal in the Federal California Air Resources Board, B. Are there other versions of this rule? Register to notify the public that this Stationary Source Division, Rule C. What is the purpose of the submitted direct final rule will not take effect. Evaluation Section, 1001 ‘‘I’’ Street, rule revisions? II. EPA’s Evaluation and Action ADDRESSES: Send comments to Andy Sacramento, CA 95814. Steckel, Rulemaking Office Chief (AIR– South Coast Air Quality Management A. How is EPA evaluating the rule? 4), U.S. Environmental Protection District, 21865 East Copley Drive, B. Does the rule meet the evaluation Agency, Region IX, 75 Hawthorne Diamond Bar, CA 91765. criteria? C. Public comment and final action Street, San Francisco, CA 94105–3901, A copy of the rule may also be III. Statutory and Executive Order Reviews or e-mail to [email protected], or available via the Internet at http:// submit comments at http:// www.arb.ca.gov/drdb/drdbltxt.htm. I. The State’s Submittal www.regulations.gov. Please be advised that this is not an EPA You can inspect copies of the website and may not contain the same A. What Rule Did the State submit? submitted SIP revisions, EPA’s technical version of the rule that was submitted Table 1 lists the rule we are approving support document (TSD), and public to EPA. with the dates that it was adopted by the comments at our Region IX office during FOR FURTHER INFORMATION CONTACT: local air agency and submitted by the normal business hours by appointment. Francisco Do´n˜ ez, EPA Region IX, (415) You may also see copies of the 972–3956, [email protected]. California Air Resources Board (CARB).

TABLE 1.—SUBMITTED RULE

Local agency Rule # Rule title Adopted Submitted

SCAQMD ...... 1171 Solvent Cleaning Operations ...... 11/7/03 1/15/04

On March 1, 2004, this rule submittal outdated information and to reflect the 3. ‘‘Guidance Document for Correcting was found to meet the completeness most current limits for each solvent Common VOC & Other Rule criteria in 40 CFR Part 51 Appendix V, cleaning activity. Deficiencies,’’ EPA Region 9, August 21, which must be met before formal EPA • Minor clarifications to the rule 2001 (the Little Bluebook). review. language have been added, including a B. Does the Rule Meet the Evaluation B. Are There Other Versions of This definition for ‘‘architectural coating’’ in Criteria? Section (b)(4). Rule? We believe this rule is consistent with The TSD has more information about We approved a version of Rule 1171 the relevant policy and guidance this rule. into the SIP on June 3, 2003 (68 FR regarding enforceability, RACT, and SIP 33005). The SCAQMD adopted revisions II. EPA’s Evaluation and Action relaxations. The TSD has more to the SIP-approved version on information on our evaluation. A. How Is EPA Evaluating the Rule? November 7, 2003 and CARB submitted C. Public Comment and Final Action them to us on January 15, 2004. Generally, SIP rules must be enforceable (see section 110(a) of the As authorized in section 110(k)(3) of C. What Is the Purpose of the Submitted the Act, EPA is fully approving the Rule Revisions? Act), must require Reasonably Available Control Technology (RACT) for major submitted rule because we believe it VOCs help produce ground-level sources in nonattainment areas (see fulfills all relevant requirements. We do ozone and smog, which harm human section 182(a)(2)(A)), and must not relax not think anyone will object to this health and the environment. Section existing requirements (see sections approval, so we are finalizing it without proposing it in advance. However, in 110(a) of the CAA requires states to 110(l) and 193). The SCAQMD regulates the Proposed Rules section of this submit regulations that control VOC an ozone nonattainment area (see 40 Federal Register, we are simultaneously emissions. The purposes of the changes CFR part 81), so Rule 1171 must fulfill proposing approval of the same to SCAQMD 1171 are as follows. RACT. • Section (h)(2)(H) adds a sunset date submitted rule. If we receive adverse Guidance and policy documents that of June 30, 2005 to the exemption for comments by August 26, 2004, we will we use to help evaluate specific the cleaning of architectural coating publish a timely withdrawal in the enforceability and RACT requirements application equipment, and establishes Federal Register to notify the public consistently include the following: a VOC content limit of 25 grams per liter that the direct final approval will not of material effective July 1, 2005. 1. Portions of the proposed post-1987 take effect and we will address the • The exemption language in Section ozone and carbon monoxide policy that comments in a subsequent final action (h)(1), pertaining to solvents with no concern RACT, 52 FR 45044, November based on the proposal. If we do not more than 25 grams of VOC per liter of 24, 1987. receive timely adverse comments, the material, has been updated and 2. ‘‘Issues Relating to VOC Regulation direct final approval will be effective clarified. Cutpoints, Deficiencies, and without further notice on September 27, • The table of VOC limits in Section Deviations,’’ EPA, May 25, 1988 (the 2004. This will incorporate this rule (c)(1) has been revised to eliminate Bluebook). into the federally enforceable SIP.

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III. Statutory and Executive Order standards (VCS), EPA has no authority PART 52—[AMENDED] Reviews to disapprove a SIP submission for I failure to use VCS. It would thus be 1. The authority citation for Part 52 Under Executive Order 12866 (58 FR continues to read as follows: 51735, October 4, 1993), this action is inconsistent with applicable law for not a ‘‘significant regulatory action’’ and EPA, when it reviews a SIP submission, Authority: 42 U.S.C. 7401 et seq. to use VCS in place of a SIP submission therefore is not subject to review by the Subpart F—California Office of Management and Budget. For that otherwise satisfies the provisions of this reason, this action is also not the Clean Air Act. Thus, the I 2. Section 52.220 is amended by subject to Executive Order 13211, requirements of section 12(d) of the adding paragraph (c)(328)(i)(B) to read as ‘‘Actions Concerning Regulations That National Technology Transfer and follows: Significantly Affect Energy Supply, Advancement Act of 1995 (15 U.S.C. Distribution, or Use’’ (66 FR 28355, May 272 note) do not apply. This rule does § 52.220 Identification of plan. 22, 2001). This action merely approves not impose an information collection * * * * * state law as meeting Federal burden under the provisions of the (c) * * * requirements and imposes no additional Paperwork Reduction Act of 1995 (44 (328) * * * requirements beyond those imposed by U.S.C. 3501 et seq.). (i) *** (B) South Coast Air Quality state law. Accordingly, the The Congressional Review Act, 5 Management District. Administrator certifies that this rule U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement (1) Rule 1171, adopted on November will not have a significant economic 7, 2003. impact on a substantial number of small Fairness Act of 1996, generally provides entities under the Regulatory Flexibility that before a rule may take effect, the * * * * * Act (5 U.S.C. 601 et seq.). Because this agency promulgating the rule must [FR Doc. 04–16710 Filed 7–26–04; 8:45 am] rule approves pre-existing requirements submit a rule report, which includes a BILLING CODE 6560–50–P under state law and does not impose copy of the rule, to each House of the any additional enforceable duty beyond Congress and to the Comptroller General ENVIRONMENTAL PROTECTION that required by state law, it does not of the United States. EPA will submit a AGENCY contain any unfunded mandate or report containing this rule and other required information to the U.S. Senate, significantly or uniquely affect small 40 CFR Parts 52 and 81 governments, as described in the the U.S. House of Representatives, and Unfunded Mandates Reform Act of 1995 the Comptroller General of the United [Docket #: AK–04–002a; FRL–7792–3] (Public Law 104–4). States prior to publication of the rule in This rule also does not have tribal the Federal Register. A major rule Approval and Promulgation of State implications because it will not have a cannot take effect until 60 days after it Implementation Plans: State of Alaska; Fairbanks Carbon Monoxide substantial direct effect on one or more is published in the Federal Register. Nonattainment Area; Designation of Indian tribes, on the relationship This action is not a ‘‘major rule’’ as Areas for Air Quality Planning between the Federal Government and defined by 5 U.S.C. 804(2). Purposes Indian tribes, or on the distribution of Under section 307(b)(1) of the Clean power and responsibilities between the Air Act, petitions for judicial review of AGENCY: Environmental Protection Federal Government and Indian tribes, this action must be filed in the United Agency (EPA). as specified by Executive Order 13175 States Court of Appeals for the ACTION: Direct final rule. (65 FR 67249, November 9, 2000). This appropriate circuit by September 27, action also does not have Federalism 2004. Filing a petition for SUMMARY: On June 21, 2004, the State of implications because it does not have reconsideration by the Administrator of Alaska submitted a carbon monoxide (C) substantial direct effects on the States, this final rule does not affect the finality maintenance plan for the Fairbanks on the relationship between the national of this rule for the purposes of judicial nonattainment area to EPA for approval. government and the States, or on the review nor does it extend the time The State concurrently requested that distribution of power and within which a petition for judicial EPA redesignate the Fairbanks CO responsibilities among the various review may be filed, and shall not nonattainment area to attainment for the levels of government, as specified in postpone the effectiveness of such rule National Ambient Air Quality Standard Executive Order 13132 (64 FR 43255, or action. This action may not be (NAAQS) for CO. In this action, EPA is August 10, 1999). This action merely challenged later in proceedings to approving the maintenance plan and approves a state rule implementing a enforce its requirements. (See section redesignating the Fairbanks CO Federal standard, and does not alter the 307(b)(2).) nonattainment area to attainment. relationship or the distribution of power DATES: This direct final rule will be List of Subjects in 40 CFR Part 52 and responsibilities established in the effective on September 27, 2004, Clean Air Act. This rule also is not Environmental protection, Air without further notice, unless EPA subject to Executive Order 13045 pollution control, Incorporation by receives comments by August 26, 2004. ‘‘Protection of Children from reference, Intergovernmental relations, If comments are received, EPA will Environmental Health Risks and Safety Ozone, Reporting and recordkeeping publish a timely withdrawal of the Risks’’ (62 FR 19885, April 23, 1997), requirements, Volatile organic direct final rule in the Federal Register because it is not economically compounds. informing the public that the rule will significant. Dated: June 17, 2004. not take effect. In reviewing SIP submissions, EPA’s ADDRESSES: Nancy Lindsay, Submit your comments, role is to approve state choices, identified by Docket ID No. AK–04–002, Acting Regional Administrator, Region IX. provided that they meet the criteria of by one of the following methods: the Clean Air Act. In this context, in the I Part 52, Chapter I, Title 40 of the Code • Federal eRulemaking Portal: http:// absence of a prior existing requirement of Federal Regulations is amended as www.regulations.gov. Follow the on-line for the State to use voluntary consensus follows: instructions for submitting comments.

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• E-mail: [email protected]. Willoughby Avenue, Suite 303, Juneau, claimed as CBI. In addition to one • Fax: (206) 553–0110. Alaska. complete version of the comment that • Mail: Office of Air, Waste, and FOR FURTHER INFORMATION CONTACT: includes information claimed as CBI, a Toxics, Environmental Protection Connie L. Robinson, Office of Air, Waste copy of the comment that does not Agency, Mail code: OAQ–107, 1200 and Toxics, EPA Region 10, Mail code: contain the information claimed as CBI Sixth Ave., Seattle, Washington 98101. must be submitted for inclusion in the • OAQ–107 1200 Sixth Avenue, Seattle Hand Delivery: Environmental WA 98101, telephone number: (206) public docket. Information so marked Protection Agency, Office of Air, Waste, 553–1086, or e-mail address: will not be disclosed except in and Toxics, OAQ–107, 9th Floor, 1200 [email protected]. accordance with procedures set forth in Sixth Ave., Seattle, Washington 98101. 40 Code of Federal Regulations (CFR) Such deliveries are only accepted SUPPLEMENTARY INFORMATION: Throughout this document, wherever part 2. during normal hours of operation, and 2. Tips for Preparing Your Comments. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean special arrangements should be made When submitting comments, remember the EPA. Information is organized as for deliveries of boxed information. to: Instructions: Direct your comments to follows: I. Identify the rulemaking by docket Docket ID No. AK–04–002. EPA’s policy I. General Information number and other identifying is that all comments received will be II. What Action Is EPA Taking? information (subject heading, Federal included in the public docket without III. What Is the Background for This Action? Register date and page number). change, including any personal IV. What Evaluation Criteria Were Used for the Maintenance Plan and Redesignation II. Follow directions—The agency information provided, unless the may ask you to respond to specific comment includes information claimed Request Review? V. EPA’s Evaluation of the Fairbanks questions or organize comments by to be Confidential Business Information Maintenance Plan and Redesignation referencing a CFR part or section (CBI) or other information whose Request number. disclosure is restricted by statute. Do A. How Does the State Show That the Area III. Explain why you agree or disagree; not submit information that you Has Attained the CO NAAQS? suggest alternatives and substitute consider to be CBI or otherwise B. Does the Area Have a Fully Approved language for your requested changes. protected through regulations.gov, or e- SIP Under Section 110(k) of the Act and IV. Describe any assumptions and Has the Area Met All the Relevant mail. The Federal regulations.gov Web provide any technical information and/ site is an ‘‘anonymous access’’ system, Requirements Under Section 110 and Part D of the Act? or data that you used. which means EPA will not know your C. Are the Improvements in Air Quality V. If you estimate potential costs or identity or contact information unless Permanent and Enforceable? burdens, explain how you arrived at you provide it in the body of your D. Has the State Submitted a Fully your estimate in sufficient detail to comment. If you send an e-mail Approved Maintenance Plan Pursuant to allow for it to be reproduced. comment directly to EPA without going Section 175A of the Act? VI. Provide specific examples to through regulations.gov, your e-mail E. Did the State Provide Adequate illustrate your concerns, and suggest Attainment Year and Maintenance Year address will be automatically captured alternatives. and included as part of the comment Emissions Inventories? Table 1 Fairbanks 2002 Attainment Year VII. Explain your views as clearly as that is placed in the public docket and Actual Emissions, and 2015 Projected possible, avoiding the use of profanity made available on the Internet. If you Emissions (Tons CO/Winter Day) or personal threats. submit an electronic comment, EPA F. How Will the State Continue To Verify VIII. Make sure to submit your recommends that you include your Attainment? comments by the comment period name and other contact information in G. What Contingency Measures Does the deadline identified. the body of your comment and with any State Provide? disk or CD–ROM you submit. If EPA H. How Will the State Provide for II. What Action Is EPA Taking? cannot read your comment due to Subsequent Maintenance Plan EPA is approving the Fairbanks CO technical difficulties and cannot contact Revisions? maintenance Plan and redesignating the I. Are the Motor Vehicle Emission Budgets you for clarification, EPA may not be Approvable as Required by Section Fairbanks Nonattainment Area from able to consider your comment. 176(c)(2)(A) of the Act and Outlined in nonattainment to attainment for CO as Electronic files should avoid the use of the Conformity Rules, 40 CFR requested by the State of Alaska on June special characters, any form of 93.118(e)(4)? 21, 2004. The maintenance plan encryption, and be free of any defects or Table 2 Fairbanks Emissions Budgets (Tons demonstrates that Fairbanks will be able viruses. For additional instructions on CO/Winter Day) to remain in attainment for the next 10 submitting comments, go to I. General VI. Final Action years. The Fairbanks, Alaska CO Information of the SUPPLEMENTARY VII. Statutory and Executive Order Reviews nonattainment area is eligible for INFORMATION section of this document. I. General Information redesignation to attainment because air Docket: Publicly available docket quality data shows that it has not A. What Should I Consider as I Prepare materials are available in hard copy at recorded a violation of the primary or My Comments for EPA? the Office of Air, Waste, and Toxics, secondary CO air quality standards EPA Region 10, Mail code: OAQ–107, 1. Submitting Confidential Business since 1999. 1200 Sixth Ave., Seattle, Washington Information (CBI). Do not submit this 98101; open from 8 a.m.–4:30 p.m. information to EPA through III. What Is the Background for This Monday through Friday, excluding legal regulations.gov or e-mail. Clearly mark Action? holidays. The telephone number is (206) the part or all of the information that Upon enactment of the 1990 Clean Air 553–1086. Copies of the submittal, and you claim to be CBI. For CBI Act Amendments (the Act), areas other information relevant to this information in a disk or CD ROM that meeting the requirements of section proposal are available for public you mail to EPA, mark the outside of the 107(d) of the Act were designated inspection during normal business disk or CD ROM as CBI and then nonattainment for CO by operation of hours at the Alaska Department of identify electronically within the disk or law. Under section 186(a) of the Act, Environmental Conservation, 410 CD ROM the specific information that is each CO nonattainment area was also

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classified by operation of law as either section 107(d)(3)(E). The following is a program, and an engine-block heater moderate or serious depending on the summary of EPA’s evaluation and a program. severity of the area’s air quality description of how each of the above ADEC has demonstrated that problems. Fairbanks was classified as a requirements is met. permanent and enforceable emission moderate CO nonattainment area. reductions are responsible for the air A. How Does the State Show That the quality improvement and that the CO Moderate CO nonattainment areas were Area Has Attained the CO NAAQS? expected to attain the CO NAAQS as emissions in the base year are not expeditiously as practicable but no later To attain the CO NAAQS, an area artificially low due to a local economic than December 31, 1995. If a moderate must have complete quality-assured downturn or unusual or extreme CO nonattainment area was unable to data showing no more than one weather patterns. We believe the attain the CO NAAQS by December 31, exceedance of the standard per year at combination of certain existing EPA- 1995, the area was reclassified as a any monitoring site in the approved SIP and Federal measures serious CO nonattainment area by nonattainment area for at least two result in permanent and enforceable operation of law. Fairbanks was unable consecutive years. The redesignation of reductions in ambient CO levels that to meet the CO NAAQS by December Fairbanks is based on air quality data have allowed the area to attain the 31, 1995, and was reclassified as a that shows that the CO standard was not NAAQS. violated from 2000 through 2003, or serious nonattainment area effective D. Has the State Submitted a Fully March 30, 1998. since. These data were collected by ADEC in accordance with 40 CFR 50.8, Approved Maintenance Plan Pursuant Fairbanks did not have the two years to Section 175A of the Act? of clean data required to attain the and entered in the EPA Air Quality standard by December 31, 2000, the System database following EPA Probabilistic rollback modeling required attainment date for CO serious guidance on quality assurance and conducted by Fairbanks indicated that areas, and under section 186(a)(4) of the quality control. Since the Fairbanks, additional emission reductions must be Act, Alaska requested and EPA granted Alaska area has complete quality- achieved to ensure attainment of the a one year extension of the attainment assured monitoring data showing NAAQS for the maintenance period. date deadline to December 31, 2001 (66 attainment with no violations after Therefore, Fairbanks has committed to FR 28836, May 25, 2001). EPA made a 1999, the area has met the statutory implementing additional CO control determination based on air quality data criterion for attainment of the CO measures for the maintenance period. that the Fairbanks CO nonattainment NAAQS and EPA has already found that The Fairbanks North Star Borough area in Alaska attained the NAAQS for the Fairbanks area attained the NAAQS Assembly has adopted an ordinance that CO of attainment for CO effective (67 FR 44769, July 5, 2002). implements an episodic woodstove burning ban whenever the Borough August 5, 2002 (67 FR 44769, July 5, B. Does the Area Have a Fully Approved 2002). declares an air quality alert, and a SIP Under Section 110(k) of the Act and consumer-based oxygen sensor On August 30, 2001, the Alaska Has the Area Met All the Relevant Department of Environmental replacement program will begin in 2004. Requirements Under Section 110 and Today’s action by EPA approves the Conservation (ADEC) submitted the Part D of the Act? Fairbanks CO attainment plan as a additional control measures and the revision to the Alaska SIP. We reviewed Yes. Fairbanks was classified as a Fairbanks CO maintenance plan. and subsequently approved the revision moderate nonattainment area upon Section 175A sets forth the elements effective April 5, 2002. (See 67 FR 5064, enactment of the Act in 1990. Fairbanks of a maintenance plan for areas seeking February 4, 2002.) was unable to meet the CO NAAQS by redesignation from nonattainment to December 31, 1995, and was reclassified attainment. The plan must demonstrate IV. What Evaluation Criteria Was Used a serious nonattainment area effective continued attainment of the applicable for the Maintenance Plan and March 30, 1998. Therefore, the NAAQS for at least ten years after the Redesignation Request Review? requirements applicable to the Administrator approves a redesignation Section 107(d)(3)(E) of the Act states Fairbanks nonattainment area for to attainment. Eight years after the that EPA can redesignate an area to inclusion in the Alaska SIP included an redesignation, the State must submit a attainment if the following conditions attainment demonstration, 1995 base revised maintenance plan which are met: year emission inventory with periodic demonstrates attainment for the ten 1. The State must attain the applicable updates, basic motor vehicle inspection/ years following the initial ten-year NAAQS. maintenance (I/M) program, period. The maintenance plan must 2. The area must have a fully contingency measures, conformity contain contingency measures to be approved SIP under section 110(k) of procedures, and a permit program for implemented if future NAAQS the Act and the area must meet all the new or modified major stationary violations occur. The Fairbanks CO relevant requirements under section 110 sources. EPA has previously approved maintenance plan meets the and part D of the Act. all of these required elements into the requirements of 175A. Alaska SIP (67 FR 5064, February 4, 3. The air quality improvement must E. Did the State Provide Adequate 2002). be permanent and enforceable. Attainment Year and Maintenance Year 4. The area must have a fully C. Are the Improvements in Air Quality Emissions Inventories? approved maintenance plan pursuant to Permanent and Enforceable? section 175A of the Act. Yes. ADEC submitted comprehensive Yes. Emissions reductions were inventories of CO emissions from point, V. EPA’s Evaluation of the Fairbanks achieved through a number of area and mobile sources using 2002 as Maintenance Plan and Redesignation permanent and enforceable control the attainment year. Since air Request measures including the Federal Motor monitoring recorded attainment of CO EPA has reviewed the State’s Vehicle Control Program establishing in 2002, this is an acceptable year for maintenance plan and redesignation emission standards for new motor the attainment year inventory. This data request. EPA believes the ADEC vehicles; a basic I/M program, a was then used in calculations to submittal meets the requirements of technician training and certification demonstrate that the CO standard will

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be maintained in future years. ADEC time will still result in an overall emissions, emission estimates reflecting calculated inventories for 2003–2015. decline in CO emissions. The a typical winter season day (tons of CO Future emission estimates are based on projections in the maintenance plan per day) were used for the maintenance forecast assumptions of reductions due demonstrate that future emissions are demonstration. The following table to control measures, growth of the not expected to exceed attainment year summarizes the 2002 attainment year regional economy and vehicle miles levels. actual emissions and the 2015 projected traveled. Total CO emissions were projected emissions. The on-road mobile Mobile sources are the greatest source from the 2002 attainment year out to emissions were modeled for 2003 and of CO. Although vehicle use is expected 2015. These projected inventories were 2015 using MOBILE6 (version 6.2). to increase in the future, more stringent prepared according to EPA guidance. Emissions for intervening years were Federal automobile standards and Because compliance with the 8-hour CO calculated on the basis of a straight line removal of older, less efficient cars over standard is linked to average daily interpolation between 2002 and 2015.

TABLE 1.—2002 ATTAINMENT YEAR ACTUAL EMISSIONS, AND 2015 PROJECTED EMISSIONS (Tons CO/Winter day)

Year Mobile Area Non-road Point Total

2002 Attainment Year (Actuals) ...... 29.18 1.03 3.66 4.36 38.23 2015 Maintenance Year (Projected) ...... 15.78 1.10 4.18 4.77 25.83

Detailed inventory data for this action G. What Contingency Measures Does the for an additional ten years. It will is contained in the docket maintained State Provide? include a full emissions inventory by EPA. Contingency strategies include but are update and projected emissions not limited to additional plug-ins, bus demonstrating continued attainment for F. How Will the State Continue to Verify ten additional years. Attainment? fleet replacement, paratransit vehicle replacement, road system I. Are the Motor Vehicle Emission In accordance with 40 CFR part 58 improvements, and I/M program Budgets Approvable as Required by and EPA’s Redesignation Guidance, the improvements. These measures are Section 176(c)(2)(A) of the Act and Fairbanks North Star Borough has included in the Statewide Outlined in the Conformity Rules, 40 committed to continue monitoring in Transportation Improvement Program CFR 93.118(e)(4)? this area in accordance with 40 CFR part and are scheduled for implementation. Section 176(c)(2)(A) of the Act 58. ADEC will also conduct a H. How Will the State Provide for requires regional transportation plans to comprehensive review of plan Subsequent Maintenance Plan be consistent with the motor vehicle implementation and air quality status Revisions? emissions budget contained in the eight years after redesignation. The State In accordance with section 175A(b) of applicable air quality plan for the will then submit a SIP revision that the Act, the State has agreed to submit Fairbanks area. The motor vehicle includes a full emissions inventory a revised maintenance SIP eight years emissions budgets that are established update and provides for the continued after the area is redesignated to for the 2002 attainment year and for maintenance of the standard ten years attainment. That revised SIP must 2010 and 2015 are approved for beyond the initial ten-year period. provide for maintenance of the standard Fairbanks. They are as follows:

TABLE 2.—FAIRBANKS MOTOR VEHICLE EMISSIONS BUDGETS [Tons CO/Winter Day]

Year ...... 2004 2010 2015 CO emissions ...... 26.77 22.95 22.57

The TSD summarizes how the CO with the requirements of section Office of Management and Budget. For motor vehicle emissions budget meets 107(d)(3)(E) based on information this reason, this action is also not the criteria contained in the conformity provided by ADEC and contained in the subject to Executive Order 13211, rule. Alaska SIP and Fairbanks, Alaska CO ‘‘Actions Concerning Regulations That maintenance plan. A Technical Support Significantly Affect Energy Supply, VI. Final Action Document on file at the EPA Region 10 Distribution, or Use’’ (66 FR 28355, May EPA is approving the Fairbanks CO office contains a detailed analysis and 22, 2001). This action merely approves Maintenance Plan and redesignating the rationale in support of the redesignation State law as meeting Federal Fairbanks CO nonattainment area to of Fairbank’s CO nonattainment area to requirements and imposes no additional attainment. This redesignation is based attainment. requirements beyond those imposed by on validated monitoring data and VII. Statutory and Executive Order State law. Accordingly, the projections made in the maintenance Reviews Administrator certifies that this rule demonstration. EPA believes the area will not have a significant economic will continue to meet the NAAQS for Under Executive Order 12866 (58 FR impact on a substantial number of small CO for at least ten years beyond this 51735, October 4, 1993), this action is entities under the Regulatory Flexibility redesignation, as required by the Act. not a ‘‘significant regulatory action’’ and Act (5 U.S.C. 601 et seq.). Because this Alaska has demonstrated compliance therefore is not subject to review by the rule approves pre-existing requirements

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under State law and does not impose The Congressional Review Act, 5 Subpart C—Alaska any additional enforceable duty beyond U.S.C. 801 et seq., as added by the Small that required by State law, it does not Business Regulatory Enforcement I 2. Section 52.70 is amended by adding contain any unfunded mandate or Fairness Act of 1996, generally provides paragraph (c)(35) to read as follows: significantly or uniquely affect small that before a rule may take effect, the § 52.70 Identification of plan. governments, as described in the agency promulgating the rule must Unfunded Mandates Reform Act of 1995 submit a rule report, which includes a * * * * * (Public Law 104–4). copy of the rule, to each House of the (c) * * * Congress and to the Comptroller General (35) On June 21, 2004, the Alaska This rule also does not have tribal of the United States. EPA will submit a Department of Environmental implications because it will not have a report containing this rule and other Conservation submitted a carbon substantial direct effect on one or more required information to the U.S. Senate, monoxide maintenance plan and Indian tribes, on the relationship the U.S. House of Representatives, and requested the redesignation of Fairbanks between the Federal Government and the Comptroller General of the United to attainment for carbon monoxide. The Indian tribes, or on the distribution of States prior to publication of the rule in State’s maintenance plan and the power and responsibilities between the the Federal Register. A major rule redesignation request meet the Federal Government and Indian tribes, cannot take effect until 60 days after it requirements of the Clean Air Act. as specified by Executive Order 13175 is published in the Federal Register. (i) Incorporation by reference. (65 FR 67249, November 9, 2000). This This action is not a ‘‘major rule’’ as (A) 18AAC50.015, Air quality action also does not have federalism defined by 5 U.S.C. 804(2). implications because it does not have designations, classifications, and control Under section 307(b)(1) of the Clean regions, as in effect June 24, 2004. substantial direct effects on the States, Air Act, petitions for judicial review of on the relationship between the national (B) Assembly Ordinance No. 2003– this action must be filed in the United 71—An Ordinance amending the government and the States, or on the States Court of Appeals for the distribution of power and Carbon Monoxide Emergency Episode appropriate circuit by September 27, Prevention Plan including responsibilities among the various 2004. Filing a petition for levels of government, as specified in implementing a Woodstove Control reconsideration by the Administrator of Ordinance, adopted October 30, 2003. Executive Order 13132 (64 FR 43255, this final rule does not affect the finality August 10, 1999). This action merely of this rule for the purposes of judicial I 3. Paragraph (a)(2) of § 52.73 is revised approves a State rule implementing a review nor does it extend the time to read as follows: Federal standard, and does not alter the within which a petition for judicial § 52.73 Approval of plans. relationship or the distribution of power review may be filed, and shall not and responsibilities established in the postpone the effectiveness of such rule (a) * * * Clean Air Act. This rule also is not or action. This action may not be (2) Fairbanks. subject to Executive Order 13045 challenged later in proceedings to (i) EPA approves as a revision to the ‘‘Protection of Children from enforce its requirements. (See section Alaska State Implementation Plan, the Environmental Health Risks and Safety 307(b)(2).) Fairbanks Carbon Monoxide Risks’’ (62 FR 19885, April 23, 1997), Maintenance Plan (Volume II.C of the List of Subjects because it is not economically State Air Quality Control Plan, adopted significant. 40 CFR Part 52 April 27, 2004 and Volume III.C of the Appendices adopted April 27, 2004, In reviewing SIP submissions, EPA’s Environmental protection, Air effective June 24, 2004) submitted by role is to approve State choices, pollution control, Carbon monoxide, the Alaska Department of provided that they meet the criteria of Incorporation by reference, Environmental Conservation on June 21, the Clean Air Act. In this context, in the Intergovernmental relations, Reporting 2004. absence of a prior existing requirement and recordkeeping requirements. for the State to use voluntary consensus (ii) Reserved. 40 CFR Part 81 standards (VCS), EPA has no authority PART 81—[AMENDED] to disapprove a SIP submission for Environmental protection, Air pollution control, National parks, failure to use VCS. It would thus be I 1. The authority citation for part 81 Wilderness areas. inconsistent with applicable law for continues to read as follows: EPA, when it reviews a SIP submission, Dated: July 19, 2004. Authority: 42 U.S.C. 7401 et seq. to use VCS in place of a SIP submission L. John Iani, that otherwise satisfies the provisions of Regional Administrator, Region 10. I 2. In § 81.302, the table entitled the Clean Air Act. Thus, the I Parts 52 and 81, chapter I, title 40 of ‘‘Alaska—Carbon Monoxide’’ is requirements of section 12(d) of the the Code of Federal Regulations are amended by revising the entries for National Technology Transfer and amended as follows: ‘‘Anchorage Area Anchorage Election Advancement Act of 1995 (15 U.S.C. District (part)’’ and ‘‘Fairbanks Area 272 note) do not apply. This rule does PART 52—[AMENDED] Fairbanks Election District (part)’’ to not impose an information collection read as follows: I 1. The authority citation for part 52 burden under the provisions of the * * * * * Paperwork Reduction Act of 1995 (44 continues to read as follows: U.S.C. 3501 et seq.). Authority: 42 U.S.C. 7401 et seq. § 81.302 Alaska.

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ALASKA—CARBON MONOXIDE

Designation Classification Designated area Date 1 Type Date 1 Type

Anchorage Area—Anchorage Election District (part), An- July 23, 2004 ...... Attainment. chorage nonattainment area boundary: The Anchorage Nonattainment Area is contained within the boundary described as follows: Beginning at a point on the cen- terline of the New Seward Highway five hundred (500) feet of the centerline of O’Malley Road; thence, West- erly along a line five hundred (500) feet south of and parallel to the centerline of O’Malley Road and its west- erly extension thereof to a point on the mean high tide line of the Turnagain Arm; thence, Northeasterly along the mean high tide line to a point five hundred (500) feet west of the southerly extension of the centerline of Sand Lake Road; thence, Northerly along a line five hundred (500) feet west of and parallel to the southerly extension of the centerline of Sand Lake Road to a point on the southerly boundary of the International Air- port property; thence, Westerly along said property line of the International Airport to an angle point in said property line; thence, Easterly, along said property line and its easterly extension thereof to a point five hun- dred (500) feet west of the southerly extension of the centerline of Wisconsin Street; thence, Northerly along said line to a point on the mean high tide line of the Knik Arm; thence, Northeasterly along the mean high tide line to a point on a line parallel and five hundred (500) feet north of the centerline of Thompson Street and the westerly extension thereof; thence, Easterly along said line to a point five hundred (500) feet east of Boniface Parkway; thence, Southerly along a line five hundred (500) feet east of and parallel to the cen- terline of Boniface Parkway to a point five hundred (500) feet north of the Glenn Highway; thence, Easterly and northeasterly along a line five hundred (500) feet north of and parallel to the centerline of the Glenn Highway to a point five hundred (500) feet east of the northerly extension of the centerline of Muldoon Road; thence, Southerly along a line five hundred (500) feet east of and parallel to the centerline of Muldoon Road and continuing southwesterly on a line of curvature five hundred (500) feet southeasterly of the centerline of curvature where Muldoon Road becomes Tudor Road to a point five hundred (500) feet south off the center- line of Tudor Road; thence, Westerly along a line five hundred (500) feet south of the centerline of Tudor Road to a point five hundred (500) feet east of the cen- terline to Lake Otis Parkway; thence, Westerly along a line five hundred (500) feet south of the centerline of O’Malley Road, ending at the centerline of the New Seward Highway, which is the point of the beginning. Fairbanks Area—Fairbanks Election District (part), Fair- September 27, Attainment. banks nonattainment area boundary: (1) Township 1 2004. South, Range 1 West, Sections 2 through 23, the por- tion of Section 1 west of the Fort Wainwright military reservation boundary and the portions of Section 24 north of the Old Richardson Highway and west of the military reservation boundary, also, Township 1 South, Range 2 West, Sections 13 and 24, the portion of Sec- tion 12 southwest of Chena Pump Road and the por- tions of Sections 7, 8, and 18 and the portion of Sec- tion 19 north of the Richardson Highway. (Fairbanks and Ft. Wainwright). (2) Township 2 South, Range 2 East, the portions of Sections 9 and 10 southwest of the Richardson Highway. (North Pole).

******* 1 This date is November 15, 1990 unless otherwise noted.

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* * * * * rule 47 CFR 32.6560, and deleted rules shall also include revenue from the sale [FR Doc. 04–17062 Filed 7–26–04; 8:45 am] 47 CFR 32.6621 through 32.6623 and of specially bound telephone directories BILLING CODE 6560–50–P merged them into rule 47 CFR 32.6620. and special telephone directory covers; These deletions were to take effect on (c) Amounts charged for additional August 6, 2002, however, the and boldface listings, marginal displays, FEDERAL COMMUNICATIONS Commission suspended the inserts, and other advertisements in the COMMISSION implementation of the rule deletions alphabetical section of the company’s before that date, in an order published telephone directories; and 47 CFR Part 32 in the Federal Register on April 24, (d) Charges for unlisted and non- 2002 (67 FR 20052, Apr. 24, 2002). This published telephone numbers. [CC Docket Nos. 00–199, 97–212, 80–286, I 3. Revise § 32.6560 to read as follows: 99–301, WC Docket No. 02–269] order suspended the implementation of the rule deletions until January 1, 2003. § 32.6560 Depreciation and amortization Uniform System of Accounts for The Commission further suspended the expenses. implementation of these rule deletions Telecommunications Companies; This account shall be used by Class A in orders published in the Federal Correction telephone companies to summarize for Register on December 18, 2002 (67 FR reporting purposes the contents of AGENCY: Federal Communications 77432, Dec. 18, 2002) (suspending the Accounts 6561 through 6565. Class B Commission. implementation of the rule deletions telephone companies shall use this ACTION: until July 1, 2003), on June 30, 2003 (68 Correcting amendments. account for expenses of the type and FR 38641, June 30, 2003) (suspending character required of Class A companies SUMMARY: This document contains implementation of the rule deletions in accounts 6561 through 6565. corrections to the final regulations (CC until January 1, 2004), and on December I Docket No. 00–199) that were published 31, 2003 (68 FR 75455, Dec. 31, 2003) 4. Add § 32.6561 to read as follows: in the Federal Register of Wednesday, (suspending implementation of the rule § 32.6561 Depreciation expense— February 6, 2002 (67 FR 5670, Feb. 6, deletions until June 30, 2004). Although telecommunications plant in service. 2002), the Federal Register of the deletion of the rules has been This account shall include the Wednesday, April 24, 2002 (67 FR suspended, they have been removed depreciation expense of capitalized 20052, Apr. 24, 2002), the Federal from 47 CFR part 32. costs in Accounts 2112 through 2441, Register of Wednesday, December 18, inclusive. 2002 (67 FR 77432, Dec. 18, 2002), the Need for Correction I 5. Add § 32.6563 to read as follows: Federal Register of Monday, June 30, This correction reinstates the rules as 2003 (68 FR 38641, June 30, 2003), and described above. § 32.6563 Amortization expense—tangible. the Federal Register of Wednesday, List of Subjects in 47 CFR Part 32 This account shall include only the December 31, 2003 (68 FR 75455, Dec. amortization of costs included in 31, 2003). This document corrects the Communications common carriers, Accounts 2681, Capital leases, and regulations regarding instructions for Reporting and recordkeeping 2682, Leasehold improvements. directory revenue (47 CFR 32.5230), requirements, Telephone, Uniform I 6. Add § 32.6564 to read as follows: depreciation and amortization expenses System of Accounts. § 32.6564 Amortization expense— (47 CFR 32.6560), depreciation Federal Communications Commission. expense—telecommunications plant in intangible. William F. Caton, service (47 CFR 32.6561), amortization This account shall include the expense—tangible (47 CFR 32.6563), Deputy Secretary. amortization of costs included in amortization expense—intangible (47 I Accordingly, 47 CFR Part 32 is Account 2690, Intangibles. CFR 32.6564), amortization expense— corrected by making the following I 7. Add § 32.6565 to read as follows: other (47 CFR 32.6565), call completion correcting amendments: services (47 CFR 32.6621), number § 32.6565 Amortization expense—other. services (47 CFR 32.6622), and customer PART 32—UNIFORM SYSTEM OF (a) This account shall include only services (47 CFR 32.6623). ACCOUNTS FOR the amortization of costs included in TELECOMMUNICATIONS COMPANIES DATES: Effective July 27, 2004. Account 2005, Telecommunications plant adjustment. I 1. The authority citation for part 32 FOR FURTHER INFORMATION CONTACT: (b) This account shall also include continues to read as follows: Jennifer McKee, Wireline Competition lump-sum write offs of amounts of plant Bureau, Pricing Policy Division, (202) Authority: 47 U.S.C. 154(i), 154(j) and 220 acquisition adjustment as provided for 418–1530. as amended, unless otherwise noted. in § 32.2005(b)(3) of subpart C. SUPPLEMENTARY INFORMATION: I 2. Add § 32.5230 to read as follows: (c) Subsidiary records shall be Background maintained so as to show the character § 32.5230 Directory revenue. of the amounts contained in this On February 6, 2002, the Federal This account shall include revenue account. Register published a summary of a derived from alphabetical and classified I 8. Add § 32.6621 to read as follows: Commission order that made changes to sections of directories and shall also the Part 32 rules regarding uniform include fees paid by other entities for § 32.6621 Call completion services. system of accounts for the right to publish the company’s This account shall include costs telecommunications companies (67 FR directories. Items to be included are: incurred in helping customers place and 5670, Feb. 6, 2002). With regard to the (a) All revenue derived from the complete calls, except directory rules at issue in this correction, the classified section of the directories; assistance. This includes handling and Commission deleted rule 47 CFR (b) Revenue from the sale of new recording; intercept; quoting rates, time 32.5230 and merged it into rule 47 CFR telephone directories whether they are and charges; and all other activities 32.5200, deleted rules 47 CFR 32.6561 the company’s own directories or involved in the manual handling of through 32.6565 and merged them into directories purchased from others. This calls.

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I 9. Add § 32.6623 to read as follows: connection, the Commission decided to 24 GHz Service by the FCC,’’ which is use a total of 176 service areas—the 172 inaccurate given that, for the 24 GHz § 32.6623 Customer services. EAs specified by the Department of band, each EA has five channel pairs (a) This account shall include costs Commerce and four Commission- (each of which is licensed separately) incurred in establishing and servicing created EA-like areas for Guam and the for a total of 880 authorizations. See 47 customer accounts. This includes: Northern Mariana Islands, Puerto Rico CFR 101.505 citing 47 CFR 101.147(m), (1) Initiating customer service orders and the United States Virgin Islands, (n), and (r)(9). This correction is issued and records; American Samoa, and the Gulf of pursuant to § 0.331 of the Commission’s (2) Maintaining and billing customer Mexico. This document contains rules on delegated authority, 47 CFR accounts; editorial corrections to the final rules 0.331. (3) Collecting and investigating document. customer accounts, including collecting Need for Correction DATES: Effective on July 27, 2004. revenues, reporting receipts, As published, the final regulations FOR FURTHER INFORMATION CONTACT: administering collection treatment, and contain errors which may prove to be handling contacts with customers Nancy Zaczek at (202) 418–2487. misleading and need to be clarified. regarding adjustments of bills; SUPPLEMENTARY INFORMATION: On (4) Collecting and reporting pay October 5, 2000, (65 FR 59350), the List of Subjects in 47 CFR Part 101 station receipts; and Federal Register published a final rule Communications equipment, Radio, (5) Instructing customers in the use of in the above captioned proceeding. The Reporting and recordkeeping products and services. Commission reached this decision in requirements. (b) This account shall also include paragraph 18 of the Report and Order, amounts paid by interexchange carriers which did not include a reference to the Federal Communications Commission. or other exchange carriers to another perimeter of the FCC-created EA-like Joel Taubenblatt, exchange carrier for billing and area, Gulf of Mexico (EA 176). This Chief, Broadband Division. collection services. Subsidiary record document corrects paragraph 18 of the I For the reasons discussed in the categories shall be maintained in order Report and Order, published on October preamble, the Federal Communications that the entity may separately report 5, 2000, (FR 65 59350). Commission amends 47 CFR part 101 as interstate and intrastate amounts. Such 18. For these reasons, we determine follows: subsidiary record categories shall be that EAs constitute the most appropriate reported as required by part 43 of this geographic area licensing for the 24 GHz PART 101—FIXED MICROWAVE Commission’s rules and regulations. band. EAs will provide ample SERVICES [FR Doc. 04–17077 Filed 7–26–04; 8:45 am] population coverage and allow 24 GHz I BILLING CODE 6712–01–P band licensees the flexibility to provide 1. The authority for part 101 continues a multitude of service offerings. Thus, to read as follows: we determine to use a total of 176 Authority: 47 U.S.C. 154 and 303. FEDERAL COMMUNICATIONS service areas—the 172 EAs specified by COMMISSION the Department of Commerce and four I 2. Section 101.523 is amended by EA-like areas for Guam and the revising paragraph (a) to read as follows: 47 CFR Part 101 Northern Mariana Islands, Puerto Rico § 101.523 Service areas. [DA 04–1588; WT Docket No. 99–327; FCC and the United States Virgin Islands, 00–272] American Samoa, and the Gulf of (a) The service areas for 24 GHz are Mexico. In defining the perimeter of the Economic Areas (EAs) as defined in this Amendment of the Commission’s Gulf of Mexico (EA 176), the paragraph (a). The Bureau of Economic Rules To License Fixed Services at 24 Commission has stated that: Analysis, U.S. Department of GHz land-based license regions abutting the Gulf Commerce, organized the 50 States and of Mexico will extend to the limit of the the District of Columbia into 172 EAs. AGENCY: Federal Communications See 60 FR 13114 (March 10, 1995). Commission. territorial waters of the United States in the Gulf, which is the maritime zone that extends Additionally, there are four FCC-created ACTION: Final rule; correcting approximately twelve nautical miles from the EA-like areas: amendment. U.S. baseline. (1) Guam and Northern Mariana Beyond that line of demarcation, we will Islands; SUMMARY: In a rule published October 5, create the Gulf of Mexico [service area], 2000, the Commission added and which will extend from that line outward to (2) Puerto Rico and the U.S. Virgin amended regulations governing the the broadest geographic limits consistent Islands; licensing and operation of the 24.25– with international agreements.* (3) American Samoa, and 24.45 GHz and 25.05–25.25 GHz bands Appendix C of the Report and Order (4) the Gulf of Mexico. The Gulf of to promote the effective use of the 24 contained Final Rules including 47 CFR Mexico EA extends from 12 nautical GHz band and to accommodate 101.523, which establishes the service miles off the U.S. Gulf coast outward deployment of point-to-point, point-to- areas for the 24 GHz band. As adopted, into the Gulf. See 62 FR 9636 (March 3, multipoint fixed wireless technology at the rule states that there are ‘‘three EA- 1997), in which the Commission created 24 GHz. In addition, the Commission like areas’’; however, four EA-like areas an additional four economic area-like adopted competitive bidding rules to are listed by name. Additionally, as areas for a total of 176 EA service areas. select among mutually exclusive adopted, the rule states that a ‘‘total of Maps of the EAs and the Federal applicants for licenses in these bands. 176 authorizations will be issued for the Register Notice that established the 172 The FCC determined that the 24.25– Economic Areas (EAs) are available for 24.45 GHz and 25.05–25.25 GHz bands * Amendment of the Commission’s Rules to public inspection and copying at the Establish part 27, The Wireless Communications (24 GHz band) would be made available Service, GN Docket No. 96–228, Report and Order, FCC Reference Center, Room CY A–257, for licensing throughout the United 12 FCC Rcd 10,785, 10,816 paragraph 59 (1997) 445 12th St., SW., Washington, DC States by Economic Areas (EAs). In this (internal cross-reference omitted). 20554. These maps and data are also

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available on the FCC Web site at contains information that consists of NASA published a proposed rule in www.fcc.gov/oet/info/maps/areas/. internal Agency administrative the Federal Register on April 22, 2004 * * * * * procedures and guidance that does not (69 FR 21804). No comments were [FR Doc. 04–16956 Filed 7–26–04; 8:45 am] control the relationship between NASA received in response to the proposed BILLING CODE 6712–01–P and contractors or prospective rule. Therefore, the proposed rule is contractors. Regardless of the nature of being converted to a final rule without the information, as a policy, NASA has change. submitted to the Office of Information NATIONAL AERONAUTICS AND B. Regulatory Flexibility Act SPACE ADMINISTRATION and Regulatory Affairs (OIRA) within the Office of Management and Budget NASA certifies that this final rule 48 CFR Parts 1842, 1843, 1844, 1845, (OMB) and published in the Federal does not have a significant economic 1846, 1847, 1848, 1849, 1850 and 1851 Register all changes to the NFS. FAR impact on a substantial number of small 1.101 states in part that the ‘‘Federal RIN 2700–AC87 entities with the meaning of the Acquisition Regulations System consists Regulatory Flexibility Act, 5 U.S.C. 601. of the Federal Acquisition Regulation Re-Issuance of NASA FAR Supplement et seq., because this rule would only (FAR), which is the primary document, Subchapter G remove from the CFR information that is and agency acquisition regulations that considered internal Agency AGENCY: National Aeronautics and implement or supplement the FAR. The administrative procedures and Space Administration. FAR System does not include internal guidance. The information removed ACTION: Final rule. agency guidance of the type described from the CFR will continue to be made in 1.301(a)(2).’’ FAR 1.301(a)(2) states in available to the public via the Internet. SUMMARY: This rule adopts as final part ‘‘an agency head may issue or without change, the proposed rule authorize the issuance of internal C. Paperwork Reduction Act published in the Federal Register on agency guidance at any organizational April 22, 2004. This final rule amends level (e.g., designations and delegations The Paperwork Reduction Act does the NASA FAR Supplement (NFS) by of authority, assignments of not apply because the changes do not removing from the Code of Federal responsibilities, work-flow procedures, impose recordkeeping or information Regulations (CFR) those portions of the and internal reporting requirements).’’ collection requirements which require NFS containing information that Further, FAR 1.303 states that issuances the approval of the Office of consists of internal Agency under FAR 1.301(a)(2) need not be Management and Budget under 44 administrative procedures and guidance published in the Federal Register. U.S.C. 3501, et seq. that does not control the relationship Based on the foregoing, NASA is not List of Subjects in 48 CFR 1842 through between NASA and contractors or required to publish and codify internal 1851 prospective contractors. This change is Agency guidance. consistent with the guidance and policy This final rule modifies the existing Government procurement. in FAR Part 1 regarding what comprises practice by only publishing those Tom Luedtke, the Federal Acquisition Regulations regulations which may have a System and requires publication for significant effect beyond the internal Assistant Administrator for Procurement. public comment. The NFS document operating procedures of the Agency or I Accordingly, 48 CFR parts 1842 will continue to contain both have a significant cost or administrative through 1851 are amended as follows: information requiring codification in the impact on contractors or offerors. CFR and internal Agency guidance in a The NFS will continue to integrate I 1. The authority citation for 48 CFR single document that is available on the into a single document both regulations parts 1842 through 1851 continues to Internet. This change will reduce the subject to public comments and internal read as follows: administrative burden and time Agency guidance and procedures that Authority: 42 U.S.C. 2473(c)(1). associated with maintaining the NFS by do not require public comment. Those only publishing in the Federal Register portions of the NFS that require public PART 1842—CONTRACT for codification in the CFR material that comment will continue to be amended ADMINISTRATION AND AUDIT is subject to public comment. by publishing changes in the Federal SERVICES DATES: Effective Date: July 27, 2004. Register. NFS regulations that require FOR FURTHER INFORMATION CONTACT: public comment are issued as chapter I 2. Amend part 1842 by— Celeste Dalton, NASA, Office of 18 of title 48, CFR. Changes to portions I (a) Removing subpart 1842.1, sections Procurement, Contract Management of the regulations contained in the CFR, 1842.202, 1842.202–70, 1842.270, Division (Code HK); (202) 358–1645; e- along with changes to internal guidance subparts 1842.3, 1842.5, 1842.7, 1842.8, mail: [email protected]. and procedures, will be incorporated 1842.12, 1842.13, 1842.14, and 1842.15; SUPPLEMENTARY INFORMATION: into the NASA-maintained Internet version of the NFS through Procurement I (b) In section 1842.7201 removing and A. Background Notices (PNs). The single official NASA- reserving paragraph (a) and removing Currently the NASA FAR Supplement maintained version of the NFS will paragraphs (b)(3) through (b)(5) and (NFS) contains information to remain available on the Internet. NASA paragraph (c); and implement or supplement the FAR. This personnel must comply with all I (c) Removing subpart 1842.73 and information contains NASA’s policies, regulatory and internal guidance and section 1842.7401. procedures, contract clauses, procedures contained in the NFS. solicitation provisions, and forms that This change will result in savings in PART 1843—CONTRACT govern the contracting process or terms of the number of rules subject to ADMINISTRATION otherwise control the relationship publication in the Federal Register and between NASA and contractors or provide greater responsiveness to I 3. Amend part 1843 by removing prospective contractors. The NFS also internal administrative changes. subpart 1843.70.

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PART 1844—SUBCONTRACTING I (d) Removing subpart 1846.7. Federal Register on March 22, 2004 (69 POLICIES AND PROCEDURES FR 13260). The interim rule revised the PART 1847—TRANSPORTATION NASA Federal Acquisition Regulation I 4. Amend part 1844 by removing (FAR) Supplement (NFS) by amending I 7. Amend part 1847 by removing sections 1844.201, 1844.201–1, the Offeror Representations and subpart 1847.2, sections 1847.304, 1844.202, 1844.202–1, and subpart Certifications—Other Than Commercial 1847.304–3, 1847.304–370, 1847.305– 1844.3. Items provision used in solicitations for 10, 1847.305–13, and subpart 1847.5. non-commercial simplified acquisitions PART 1845—GOVERNMENT to conform with changes made to the PROPERTY PART 1848—VALUE ENGINEERING FAR by Federal Acquisition Circulars I 5. Amend part 1845 by— I 8. Remove part 1848. (FAC) 2001–14 and 2001–19. This final I (a) Removing sections 1845.102, rule adopts the interim rule with a PART 1849—TERMINATION OF 1845.102–70, 1845.102–71, 1845.104, change to conform to changes made to CONTRACTS and 1845.106; the FAR by FAC 2001–23. I (b) In section 1845.106–70(e), I 9. Amend Part 1849 by removing DATES: Effective Date: July 27, 2004. removing ‘‘Office of the Headquarters Subpart 1849.1. FOR FURTHER INFORMATION CONTACT: Office of Management Systems and Celeste Dalton, NASA, Office of Facilities (Code JLG)’’ and adding PART 1850—EXTRAORDINARY Procurement, Contract Management ‘‘Division of the Headquarters Office of CONTRACTUAL ACTIONS Division (Code HK); (202) 358–1645; e- Infrastructure and Management (Code mail: [email protected]. I 10. Amend part 1850 by— OJG)’’ in its place; SUPPLEMENTARY INFORMATION: I (c) Removing section 1845.106–71, I (a) Removing subparts 1850.2 and subpart 1845.3, and sections 1845.402, 1850.3; A. Background I and 1845.403; (b) In section 1850.403–1, NASA FAR Supplement (NFS) I (d) In section 1845.405–70, removing redesignating paragraph (a) as paragraph provision 1852.213–70, Offeror (b) and adding a new paragraph (a); and and reserving paragraphs (b), (c), and (d); Representations and Certifications— I I (c) Removing sections 1850.403–2 and (e) Removing sections 1845.406, and Other Than Commercial Items, provides 1850.470. 1845.406–70; a consolidated set of representations I (f) In section 1845.407, removing The new paragraph (a) to section and certifications for use under non- paragraph (a); 1850.403–1 reads as follows: commercial simplified acquisitions. The I (g) Removing sections 1845.606 and 1850.403–1 Indemnification requests. interim rule published in the Federal 1845.606–1; I (h) In section 1845.607–170, removing (a) Contractor indemnification Register on March 22, 2004 (69 FR and reserving paragraphs (b) and (c); requests must be submitted to the 13260) amended NFS section 1852.213– I (i) Removing sections 1845.608, cognizant contracting officer for the 70 to conform to changes made to FAR 1845.608–1, 1845.608–6, and 1845.610– contract for which the indemnification provisions 52.225–4 and 52.225–6 by 3; clause is requested. Contractors shall FACs 01–14 and 01–19, and changes I (j) In section 1845.610–4, removing submit a single request and shall ensure made to 52.225–2 by FAC 01–14. These ‘‘NPG 4300.1’’ and adding ‘‘NPR 4300.1, that duplicate requests are not FAR provisions are included as NASA Personal Property Disposal submitted by associate divisions, paragraphs (e) and (f) of 1852.213–70. Procedures and Guidelines’’ in its place; subsidiaries, or central offices of the Specifically, FAC 01–14 clarified the I (k) Removing sections 1845.613, contractor. use of the term ‘‘United States,’’ when 1845.615, and subpart 1845.70; * * * * * used in a geographic sense and provided I (l) Removing and reserving sections a definition of ‘‘outlying areas’’ of the 1845.7201, 1845.7202, 1845.7203, PART 1851—USE OF GOVERNMENT United States, a term that encompasses 1845.7204, 1845.7205, 1845.7206, SOURCES BY CONTRACTORS the named outlying commonwealths, 1845.7206–1, 1845.7206–2, 1845.7207, territories, and minor outlying islands. 1845.7208, 1845.7208–1, 1845.7208–2, I 11. Amend part 1851 by removing In addition to changes required in 1845.7209–1, and 1845.7209–2; section 1851.102, paragraph (c) of paragraphs (e) and (f) of 1852.213–70, a I (m) In section 1845.7210–1, removing section 1851.102–70, and section change is required in the introductory and reserving paragraphs (a), (b), and (d); 1851.202. text of paragraph (c) as a result of the and [FR Doc. 04–17063 Filed 7–26–04; 8:45 am] definition of ‘‘outlying areas’’. FAC 01– I (n) Removing section 1845.7210–2. BILLING CODE 7510–01–P 19 made changes to implement the new Free Trade Agreements with Chile and PART 1846—QUALITY ASSURANCE Singapore, as approved by Congress NATIONAL AERONAUTICS AND (Pub. L. 108–77 and 108–78). These I 6. Amend part 1846 by— SPACE ADMINISTRATION I (a) Removing sections 1846.000, and changes included removing references to ‘‘North American Free Trade 1846.401; 48 CFR Part 1852 I (b) In section 1846.670–1, Agreement’’ and incorporating the new I (i) Deleting ‘‘assurance (CQA)’’ at the RIN 2700–AC97 concept of ‘‘Free Trade Agreements’’ in end of paragraph (a); and FAR provisions 52.225–4 and 52.225–6. I (ii) In the introductory text of Representations and Certifications— In addition to the changes resulting paragraph (b), removing ‘‘CQA’’ and Other Than Commercial Items from FACs 01–14 and 01–19, the adding ‘‘contract quality assurance AGENCY: National Aeronautics and interim rule revised 1852.213–70 to (CQA)’’ in its place; Space Administration. incorporate the definition of ‘‘service- I (c) In the first sentence of the ACTION: Final rule. disabled veteran’’ into the definition of introductory text of section 1846.672–4, ‘‘service-disabled veteran-owned small removing ‘‘or’’ and adding ‘‘of’’ in its SUMMARY: This rule adopts as final with business concern’’ consistent with FAR place; and change the interim rule published in the 2.101(b). The interim rule also updated

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and corrected references and made acquisitions less than $100,000; and the PART 1852—SOLICITATION minor editorial changes. No comments change to the definition of service- PROVISIONS AND CONTRACT were received in response to the interim disabled veteran-owned small business CLAUSES rule. concern is merely a clarification of the The interim rule is being adopted as definition. I 2. Amend section 1852.213–70 by final with a change to correct an revising the date of the provision; and in ambiguity in the definition of a service- C. Paperwork Reduction Act paragraph (a), revising paragraph (1)(ii) disabled veteran-owned small business of the definition of ‘‘Service-disabled The Paperwork Reduction Act does (SDVOSB) concern at 1852.213–70 veteran-owned small business concern’’ not apply because the changes do not consistent with change in the definition to read as follows: of a SDVOSB concern in FAC 2001–23. impose and new recordkeeping or 1852.213–70 Offeror Representations and Including this clarification is not information collection requirements which require the approval of the Office Certifications—Other Than Commercial considered a significant change and is Items. therefore appropriate for inclusion in of Management and Budget under 44 * * * * * this final rule. U.S.C. 3501, et seq. This is not a significant regulatory List of Subjects in 48 CFR Part 1852 Offeror Representations and action and, therefore, was not subject to Certifications—Other Than Commercial review under section 6(b) of Executive Government procurement. Items (July 2004) Order 12866, Regulatory Planning and (a) * * * Review, dated September 30, 1993. This Tom Luedtke, ‘‘Service-disabled veteran-owned final rule is not a major rule under 5 Assistant Administrator for Procurement. small business concern’’— U.S.C. 804. I Accordingly, NASA adopts the interim (1) * * * B. Regulatory Flexibility Act rule amending 48 CFR part 1852, which (ii) The management and daily NASA certifies that this final rule will was published in the Federal Register on business operations of which are not have a significant economic impact March 22, 2004 (69 FR 13260) as a final controlled by one or more service- on a substantial number of small entities rule amended as follows: disabled veterans or, in the case of a service-disabled veteran with within the meaning of the Regulatory I 1. The authority citation for 48 CFR permanent and severe disability, the Flexibility Act, 5 U.S.C. 601, et seq. part 1852 continues to read as follows: because acquisitions under $100,000 spouse or permanent caregiver of such that are set aside for small businesses Authority: 42 U.S.C. 2473(c)(1). veteran. are exempt from trade agreements and * * * * * these representations and certifications [FR Doc. 04–17064 Filed 7–26–04; 8:45 am] only apply to non-commercial BILLING CODE 7510–01–P

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Proposed Rules Federal Register Vol. 69, No. 143

Tuesday, July 27, 2004

This section of the FEDERAL REGISTER requests for review with the Board. The For the reasons set forth above, the contains notices to the public of the proposed current proposal for revision of the NLRB proposes to amend 29 CFR Parts issuance of rules and regulations. The Board’s Rules and Regulations would 101 and 102 as follows: purpose of these notices is to give interested create a new, voluntary procedure persons an opportunity to participate in the whereby the parties could agree to the PART 101—STATEMENTS OF rule making prior to the adoption of the final PROCEDURES rules. conduct of an election with disputed preelection and postelection matters to 1. The authority citation for 29 CFR be resolved with finality by the Regional part 101 continues to read as follows: NATIONAL LABOR RELATIONS Director. The proposal would also amend Authority: Section 6 National Labor BOARD Relations Act, as amended (29 U.S.C. 151, § 102.62(a) to provide that the decision 156), and sec. 55(a) of the Administrative 29 CFR Parts 101 and 102 of the Regional Director in a Procedure Act (5 U.S.C. 552(a)). Section postelection proceeding would have the 101.14 also issued under sec. 2112(a)(1) of Proposed Rules Governing Consent- same force and effect as that of the Pub. L. 100–236, 28 U.S.C. 2112(a)(1). Election Agreements Board ‘‘in that case.’’ The addition of 2. Section 101.19 is amended by July 22, 2004 this language would make it clear that revising the introductory text and the Regional Director’s decision will not AGENCY: National Labor Relations adding paragraph (c) to read as follows: Board. be regarded as Board precedent in future cases. Identical language is present in § 101.19 Consent adjustments before ACTION: Notice of proposed rulemaking. the proposed § 102.62(c). formal hearing. SUMMARY: As part of its ongoing efforts In addition to revisions to § 102.62 of The Board has devised and makes to address the needs of employers, the Board’s Rules and Regulations, also available to the parties three types of individuals and labor organizations and proposed are revisions to the Statements informal consent procedures through to further the fundamental purposes of of Procedures, §§ 101.19 and 101.28, to which representation issues can be the Act, the National Labor Relations reflect the revisions to § 102.62 in the resolved without recourse to formal Board (NLRB) is proposing to revise its description of Board processing of procedures. These informal rules to provide a mechanism to have union deauthorization elections arrangements are commonly referred to preelection disputes decided with (§ 101.28) and all other elections as consent-election agreement followed finality by the Regional Director. (§ 101.19). by Regional Director’s determination, Under the proposed new procedures, stipulated election agreement followed DATES: All comments must be received by Board certification, and full consent on or before August 26, 2004. after the filing of a petition supported by the requisite showing of interest, an agreement, in which the parties agree ADDRESSES: All written comments employer and individual or labor that all pre- and postelection disputes should be sent to the Office of the organization can voluntarily enter into will be resolved with finality by the Executive Secretary, National Labor an agreement under which the Regional Regional Director. Forms for use in Relations Board, 1099 14th Street, NW, Director will resolve with finality these informal procedures are available Room 11600, Washington, DC 20570. disputed pre- and postelection issues in the Regional Offices. The comments should be filed in eight and issue a certification of * * * * * copies, double spaced, on 81⁄2-by-11 representative or results. If the parties (c) The full consent-election inch paper and shall be printed or voluntarily agree to utilize this new agreement followed by the Regional otherwise legibly duplicated. procedure they will be assured of a Director’s determination of FOR FURTHER INFORMATION CONTACT: more expeditious and final resolution of representatives is another method of Lester A. Heltzer, Executive Secretary, their question concerning representation informal adjustment of representation Telephone: (202) 273–1067. by a Regional Director, who will act in cases. SUPPLEMENTARY INFORMATION: Section a neutral, expert, and conclusive (1) Under these terms the parties agree 102.62 of the Board’s Rules and fashion. that if they are unable to informally Regulations currently provides two Although the Agency has decided to resolve disputes arising with respect to kinds of ‘‘consent’’ election procedures. give notice of proposed rulemaking with the appropriate unit and other issues Under both procedures, the parties must respect to these rule changes, the pertaining to the resolution of the stipulate with respect to jurisdictional changes involve rules of agency question concerning representation; the facts, labor organization status, organization, procedure or practice and payroll period to be used as the basis of appropriate unit description, and thus no notice of proposed rulemaking eligibility to vote in an election, the classifications of employees included is required under section 553 of the place, date, and hours of balloting, or and excluded. The parties must also Administrative Procedure Act (5 U.S.C. other details of the election, those issues agree to the time, place and other 553). Accordingly, the Regulatory will be presented to, and decided with election details. Under § 102.62(a), the Flexibility Act (5 U.S.C. 601), does not finality by the Regional Director after a parties agree that postelection disputes apply to these rule changes. hearing conducted in a manner will be resolved with finality by the consistent with the procedures set forth List of Subjects in 29 CFR Parts 101 and Regional Director. Under § 102.62(b), in § 101.20. postelection disputes are resolved 102 (2) Upon the close of the hearing, the pursuant to § 102.69, with the parties Administrative practice and entire record in the case is forwarded to retaining the right to file exceptions or procedure, Labor management relations. the Regional Director. The hearing

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officer also transmits an analysis of the the Privacy Act (5 U.S.C. 552a(j) and (k). be consistent with the method followed issues and the evidence, but makes no Sections 102.143 through 102.155 also issued by the Regional Director in conducting recommendations as to resolution of the under Section 504(c)(1) of the Equal Access elections pursuant to §§ 102.69 and issues. All parties may file briefs with to Justice Act, as amended (5 U.S.C. 504(c)(1)). 102.70, except that the rulings and the Regional Director within 7 days after determinations by the Regional Director the close of the hearing. The parties may 5. Section 102.62 is amended by of the results thereof shall be final, and also request to be heard orally. After revising paragraph (a) and adding the Regional Director shall issue to the review of the entire case, the Regional paragraph (c) to read as follows: parties a certification of the results of Director issues a final decision, either § 102.62 Consent-election agreements. the election, including certifications of dismissing the petition or directing that (a) Where a petition has been duly representative where appropriate, with an election be held. In the latter event, filed, the employer and any individual the same force and effect, in that case, the election is conducted under the or labor organizations representing a as if issued by the Board, provided supervision of the Regional Director in substantial number of employees further that rulings or determinations by the manner already described in this involved may, with the approval of the the Regional Director in respect to any section. Regional Director, enter into a consent- amendment of such certification shall (3) All matters arising after the also be final. election, including determinative election agreement leading to a Dated in Washington, DC, on July 22, 2004. challenged ballots and objections to the determination by the Regional Director conduct of the election shall be of the facts ascertained after such By direction of the Board. processed in a manner consistent with consent election. Such agreement shall Lester A. Heltzer, include a description of the appropriate paragraphs (a)(4), (5), and (6) of this Executive Secretary. unit, the time and place of holding the section. [FR Doc. 04–17095 Filed 7–26–04; 8:45 am] election, and the payroll period to be 3. Section 101.28 is revised to read as BILLING CODE 7545–01–P follows: used in determining what employees within the appropriate unit shall be § 101.28 Consent agreements providing eligible to vote. Such consent election for election. shall be conducted under the direction DEPARTMENT OF DEFENSE (a) The Board makes available to the and supervision of the Regional Department of the Army, Corps of parties three types of informal consent Director. The method of conducting Engineers procedures through which authorization such consent election shall be issues can be resolved without resort to consistent with the method followed by 33 CFR Part 334 formal procedures. These informal the Regional Director in conducting agreements are commonly referred to as elections pursuant to §§ 102.69 and RIN 0710–AA58 consent-election agreement followed by 102.70 except that the rulings and Regional Director’s determination, determinations by the Regional Director United States Army Danger Zone; Salt stipulated election agreement followed of the results thereof shall be final, and River, Rolling Fork River, and Otter by Board certification, and full consent- the Regional Director shall issue to the Creek; U.S. Army Garrison, Fort Knox election agreement providing for the parties a certification of the results of Military Reservation; Fort Knox, Regional Director’s determination of the election, including certifications of Kentucky both pre- and postelection matters. representative where appropriate, with AGENCY: United States Army Corps of Forms for use in these informal the same force and effect, in that case, Engineers, Department of Defense. as if issued by the Board, provided procedures are available in the Regional ACTION: Notice of proposed rulemaking Offices. further that rulings or determinations by and request for comments. (b) The procedures to be used in the Regional Director in respect to any connection with a consent-election amendment of such certification shall SUMMARY: The Corps of Engineers is agreement providing for the Regional also be final. proposing regulations to establish a Director’s determination, a stipulated * * * * * danger zone on navigable portions of the election agreement providing for Board (c) Where a petition has been duly Salt River and the Rolling Fork River certification, and the full consent- filed, the employer and any individual and the non-navigable portions of Otter election agreement providing for the or labor organizations representing a Creek, within the installation Regional Director’s determination of substantial number of the employees boundaries of the Fort Knox Military both pre- and postelection matters are involved may, with the approval of the Reservation. These regulations will the same as those already described in Regional Director, enter into an enable the Army to prohibit public subpart C of this part in connection with agreement providing for a hearing access to the area and enhance safety similar agreements in representation pursuant to §§ 102.63, 102.64, 102.65, and security within active military cases under section 9(c) of the Act, 102.66 and 102.67 to resolve any issue impact and training areas. The Salt except that no provision is made for necessary to resolve the question River passes through an active military runoff elections. concerning representation. Upon the area. Unexploded ordnance (UXO) from conclusion of such a hearing, the military weapons firing is located PART 102—RULES AND Regional Director shall issue a Decision. within the area along the river and a REGULATIONS, SERIES 8 The rulings and determinations by the multi-purpose digital training range is 4. The authority citation for 29 CFR Regional Director thereunder shall be under construction in this area. The Salt part 102 continues to read as follows: final, with the same force and effect, in River is also used for river training that case, as if issued by the Board. Any activities. Training and military Authority: Section 6, National Labor election ordered by the Regional weapons firing activities occur Relations Act, as amended (29 U.S.C. 151, 156). Section 102.117(c) also issued under Director shall be conducted under the approximately 320 days per year in this Section 552(a)(4)(A) of the Freedom of direction and supervision of the area. The Rolling Fork River passes Information Act, as amended (5 U.S.C. Regional Director. The method of through the center of theYano Multi- 552(a)(4)(A)), and section 552a(j) and (k) of conducting such consent election shall purpose Training Range. Weapons firing

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from artillery, M1A2 Abrams Tanks, b. Review under the Regulatory § 334.855 Salt River, Rolling Fork River, Bradley Fighting Vehicles, helicopters, Flexibility Act. Otter Creek; U.S. Army Garrison, Fort Knox and other weapons systems occur Military Reservation; Fort Knox, Kentucky; These proposed rules have been Danger Zone. approximately 320 days of each year. reviewed under the Regulatory Otter Creek runs through the (a) The area. Salt River from Point A Flexibility Act (Pub. L. 96–354) which (37°59′31.72″N; 85°55′32.98″W) located installation. Otter Creek travels through requires the preparation of a regulatory Training Areas 8, 9 and 10. These areas approximately 1.2 miles southeast of flexibility analysis for any regulation are used to train soldiers for combat West Point, Kentucky; southward to its that will have a significant economic operation training on M1A2 Abrams confluence with the Rolling Fork River. impact on a substantial number of small Tanks and Bradley Fighting Vehicles. Salt River from Point B (37°57′51.32″N; Artillery simulators and other explosive entities (i.e., small businesses and small 85°45′37.14″W) located approximately devices are used for these training Governments). The Corps expects that 2.8 miles southwest of Shepherdsville, activities, presenting a risk to civilians the economic impact of the Kentucky; southward to its confluence entering the area. These regulations are establishment of this danger zone would with the Rolling Fork River. Rolling necessary to protect the public from have minimal impact on the public, no Fork River from Point C (37°49′59.27″N; potentially hazardous conditions that anticipated navigational hazard or 85°45′37.74″W) located approximately may exist as a result of Army use and interference with existing waterway 1.6 miles southwest of Lebanon security of the area. The regulations will traffic and accordingly, certifies that this Junction, Kentucky northward to its also safeguard government personnel proposal if adopted, would have no confluence with the Salt River. Otter and property from sabotage and other significant economic impact on small Creek from Point D (37°51′31.77″N; subversive acts, accidents, or incidents entities. 86°00′03.79″W) located approximately of similar nature. c. Review under the National 3.4 miles north of Vine Grove, Kentucky to Point E (37°55′21.95″N; DATES: Written comments must be Environmental Policy Act. 86°01′47.38″W) located approximately submitted on or before August 26, 2004. A preliminary environmental 2.3 miles southwest of Muldraugh. ADDRESSES: U.S. Army Corps of assessment has been prepared for this (b) The regulation. All persons, Engineers, ATTN: CECW–CO, 441 G action. The District expects, due to the swimmers, vessels and other craft, Street, NW., Washington, DC 20314– minor nature of the proposed additional except those vessels under the 1000. restricted area regulations, that this supervision or contract to local military FOR FURTHER INFORMATION CONTACT: Mr. action, if adopted, would not have a or Army authority, vessels of the United Alan Miller, Headquarters Regulatory significant impact on the quality of the States Coast Guard, and federal, local or Branch, Washington, DC at (202) 761– human environment, and preparation of state law enforcement vessels, are 7763, or Ms. Amy S. Babey, Corps of an environmental impact statement is prohibited from entering the danger Engineers, Louisville District, at (502) not required. The environmental zones without permission from the 315–6691. assessment may be reviewed at the Commanding General, U.S. Army District office listed at the end of FOR SUPPLEMENTARY INFORMATION: Pursuant Garrison, Fort Knox Military FURTHER INFORMATION CONTACT, above. to its authorities in section 7 of the Reservation, Fort Knox, Kentucky or Rivers and Harbors Act of 1917 (40 Stat d. Unfunded Mandates Act. his/her authorized representative. 266; 33 U.S.C. 1) and Chapter XIX, of (c) Enforcement. The regulation in This proposed rule does not impose this section, promulgated by the United the Army Appropriations Act of 1919 an enforceable duty among the private (40 Stat 892; 33 U.S.C. 3) the Corps States Army Corps of Engineers, shall be sector and, therefore, is not a Federal enforced by the Commanding General, proposes to amend the danger zone private sector mandate and is not regulations in 33 CFR part 334 by U.S. Army Garrison, Fort Knox Military subject to the requirements of Section Reservation, Fort Knox, Kentucky and/ adding § 334.855 which establishes a 202 or 205 of the Unfunded Mandates danger zone in the navigable portions of or other persons or agencies as he/she Act. We have also found under Section may designate. Salt River and Rolling Fork River, and 203 of the Act, that small Governments non-navigable portions of Otter Creek would not be significantly and uniquely Dated: July 19, 2004. within the Ft. Knox Military Reservation affected by this rulemaking. Michael B. White, installation boundaries. To better Chief, Operations, Directorate of Civil Works. protect the Army personnel stationed at List of Subjects in 33 CFR Part 334 [FR Doc. 04–16922 Filed 7–26–04; 8:45 am] the facility and the general public, the BILLING CODE 3710–92–P Army has requested the Corps of Danger zones, Marine safety, Engineers establish a Danger Zone. This Restricted areas, Navigation (water), Restricted areas, Waterways. would enable the Army to keep persons DEPARTMENT OF VETERANS and vessels out of the area at all times, For the reasons set out in the AFFAIRS except with the permission of the preamble, the Corps proposes to amend Commanding General, U.S. Army 33 CFR part 334, as follows: 38 CFR Parts 3 and 5 Garrison, Ft. Knox Military Reservation, Fort Knox, Kentucky, or his/her PART 334–DANGER ZONE AND RIN 2900–AL70 RESTRICTED AREA REGULATIONS authorized representative. Presumptions of Service Connection for Certain Disabilities, and Related Procedural Requirements 1. The authority citation for part 334 Matters a. Review under Executive Order continues to read as follows: 12866. Authority: 40 Stat. 266 (33 U.S.C. 1) and AGENCY: Department of Veterans Affairs. This proposed rule is issued with 40 Stat. 892 (33 U.S.C. 3) ACTION: Proposed rule. respect to a military function of the Defense Department and the provisions 2. Section 334.855 would be added to SUMMARY: The Department of Veterans of Executive Order 12866 do not apply. read as follows: Affairs (VA) proposes to reorganize and

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rewrite in plain language its regulations portions for public review and the scope of the regulations in new part on presumptions of service connection comment. This is one such portion. It 5, delegations of authority, general for certain disabilities, and related includes proposed rules regarding definitions, and general policy matters. These revisions are proposed as presumptions of service connection and provisions for this part. part of VA’s rewrite and reorganization related matters. Subpart B—Service Requirements for of all of its adjudication regulations in Veterans’’ would include information Outline a logical, claimant-focused, and user- regarding a veteran’s military service, friendly format. The intended effect of Overview of New Part 5 Organization including the minimum service the proposed revisions is to assist Overview of Proposed Subpart E requirement, types of service, periods of Organization claimants and VA personnel in locating Table Comparing Current Part 3 Rules with war, and service evidence requirements. and understanding these general Proposed Part 5 Rules This subpart was published as proposed provisions. Content of Proposed Rules on January 30, 2004. See 69 FR 4820. Subpart C—Adjudicative Process, DATES: Comments must be received by Presumptions of Service Connection for General’’ would inform readers about VA on or before September 27, 2004. Certain Disabilities, and Related Matters types of claims and filing procedures, ADDRESSES: Written comments may be 5.260 General rules and definitions VA’s duties, rights and responsibilities submitted by: mail or hand-delivery to 5.261 Certain chronic diseases VA of claimants, general evidence Director, Regulations Management presumes are service connected requirements, and general effective 5.262 Presumption of service connection for (00REG1), Department of Veterans dates for new awards, as well as Affairs, 810 Vermont Avenue, NW., diseases associated with exposure to certain herbicide agents revision of decisions and protection of Room 1068, Washington, DC 20420; fax VA ratings. to (202) 273–9026; e-mail to 5.263 Presumption of service connection for non-Hodgkin’s lymphoma based on ‘‘Subpart D—Dependents of Veterans’’ [email protected]; or, through service in Vietnam would provide information about how http://www.Regulations.gov. Comments 5.264 Diseases VA presumes are service VA determines whether an individual is should indicate that they are submitted connected in former prisoners of war a dependent and the evidence in response to ‘‘RIN 2900-AL70.’’ All 5.265 Tropical diseases VA presumes are requirements for such determinations. comments received will be available for service connected ‘‘Subpart E—Claims for Service public inspection in the Office of 5.266 Compensation for certain disabilities Connection and Disability Regulation Policy and Management, due to undiagnosed illnesses 5.267 Presumption of service connection for Compensation’’ would define service- Room 1063B, between the hours of 8 connected compensation, including a.m. and 4:30 p.m., Monday through conditions associated with full-body exposure to nitrogen mustard, sulfur direct and secondary service Friday (except holidays). Please call mustard, or Lewisite connection. This proposed subpart (202) 273–9515 for an appointment. would inform readers how VA FOR FURTHER INFORMATION CONTACT: Bill Service Connection for Diseases Due To determines entitlement to service Exposure to Ionizing Radiation Russo, Chief, Regulations Rewrite connection. The subpart would also Project (00REG2), Department of 5.268 Service connection for diseases contain those provisions governing Veterans Affairs, 810 Vermont Avenue, presumed to be due to exposure to presumptions related to service ionizing radiation NW., Washington, DC 20420, (202) 273– connection, rating principles, and 9515. 5.269 Direct service connection for diseases associated with exposure to ionizing effective dates, as well as several special SUPPLEMENTARY INFORMATION: The radiation ratings. Because of its size, proposed Secretary of Veterans Affairs has Summary and explanation for Removals regulations in subpart E will be established an Office of Regulation 38 CFR 3.379 published in three separate NPRMs. Policy and Management (ORPM) to 38 CFR 3.813 This NPRM, which includes provisions provide centralized management and Endnote regarding removals from part 3 governing presumptions related to coordination of VA’s rulemaking Paperwork Reduction Act service connection, is one such NPRM. process. One of the major functions of Regulatory Flexibility Act ‘‘Subpart F—Nonservice-Connected this office is to oversee a Regulation Executive Order 12866 Disability Pensions and Death Unfunded Mandates Rewrite Project (the Project) to improve Catalog of Federal Domestic Assistance Pensions’’ would include information the clarity and consistency of existing Numbers regarding the three types of nonservice- VA regulations. The Project responds to List of Subjects in 38 CFR Parts 3 and 5 connected pension: Improved pension, a recommendation made in the October Old-Law pension, and Section 306 2001 Report to the Secretary of Veterans Overview of New Part 5 Organization pension. This subpart would also Affairs by the VA Claims Processing We plan to remove the compensation include those provisions that state how Task Force. The Task Force and pension benefit regulations from 38 to establish entitlement to each pension, recommended that the Compensation CFR part 3 and relocate them in new and the effective dates governing each and Pension regulations be rewritten part 5. We also plan to reorganize the pension. and reorganized in order to improve regulations so that all provisions ‘‘Subpart G—Dependency and VA’s claims adjudication process. governing a specific benefit are located Indemnity Compensation, Death Therefore, the Project began its efforts in the same subpart, with general Compensation, Accrued Benefits, and by reviewing, reorganizing and provisions pertaining to all Special Rules Applicable Upon Death of redrafting the regulations in 38 CFR part compensation and pension benefits also a Beneficiary’’ would contain 3 governing the Compensation and grouped together. We believe this regulations governing claims for Pension (C&P) program of the Veterans reorganization will allow claimants and dependency and indemnity Benefits Administration (VBA). These their representatives, as well as VA compensation (DIC); death regulations are among the most difficult personnel, to find information relating compensation; accrued benefits; benefits VA regulations for readers to to a specific benefit more quickly. awarded, but unpaid, at death; and understand and apply. The first major subdivision would be various special rules that apply to the Once rewritten, the proposed ‘‘Subpart A—General Provisions.’’ It disposition of VA benefits, or proceeds regulations will be published in several would include information regarding of VA benefits, when a beneficiary dies.

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This subpart would also include related prior rulemaking issued as a part of the disability is due to the veteran’s own definitions, effective date rules, and rate Project, if the matter being commented willful misconduct * * *’’ of payment rules. on relates to both NPRMs. VA will The regulations implementing the ‘‘Subpart H—Special Benefits for provide a separate opportunity for statutory presumptions and the Veterans, Dependents, and Survivors’’ public comment on each segment of the limitations presented by 38 U.S.C. 1113 would pertain to ancillary and special proposed part 5 regulations before are scattered throughout part 3 of title benefits available, including benefits for adopting a final version of part 5. 38, United States Code of Federal children with various birth defects. Regulations. All of the paragraphs of the ‘‘Subpart I—Benefits For Certain Overview of Proposed Subpart E initial implementing regulation, 38 CFR Filipino Veterans and Survivors’’ would Organization 3.307, contain general principles that pertain to the various benefits available This NPRM pertains to those apply to all of the presumptions of to Filipino veterans. regulations governing presumptions of service connection, as well as specific ‘‘Subpart J—Burial Benefits’’ would service connection for certain rules that apply only to particular pertain to burial allowances. disabilities, and related matters or presumptions. For example, current ‘‘Subpart K—Matters Affecting conditions. These regulations would be § 3.307(a) sets forth general rules but its Receipt of Benefits’’ would contain contained in proposed subpart E of new subparagraphs contain specific rules those provisions regarding 38 CFR part 5. While these regulations that apply only to particular determinations of willful misconduct, have been substantially restructured and presumptions, such as the rules in competency, and insanity, which may rewritten for greater clarity and ease of § 3.307(a)(3)–(6) that each apply, in affect claimants’ entitlement to benefits. use, most of the basic concepts turn, to the presumption of service This subpart would also contain contained in these proposed regulations connection for chronic, tropical, and information about forfeiture and are the same as in their existing prisoner-of-war-related diseases or renouncement of benefits. counterparts in 38 CFR part 3. However, disabilities, and diseases or disabilities ‘‘Subpart L—Payments and a few substantive changes are proposed. associated with exposure to certain Adjustments to Payments’’ would herbicide agents. There are also include general rate-setting rules, In 38 U.S.C. 1112, 1116, 1117, 1118, presumption-specific rules included in several adjustment and resumption and 1133, Congress established other parts of § 3.307. For example, regulations, and election-of-benefit presumptions that certain diseases or § 3.307(b) states the conditions under rules. disabilities are service connected under which VA considers certain diseases to The final subpart, ‘‘Subpart M— the circumstances described in those be chronic diseases. On the other hand, Apportionments and Payments to statutes. The diseases fall into the current § 3.309 consists of five Fiduciaries or Incarcerated following categories: Chronic diseases; paragraphs, each of which articulates Beneficiaries’’ would include diseases associated with exposure to specific rules that govern grants of regulations governing apportionments, certain herbicide agents; diseases service connection based on a specific benefits for incarcerated beneficiaries, specific to former prisoners of war; presumption. and guardianship. tropical diseases; diseases associated Other rules that apply to grants of Some of the regulations in this NPRM with exposure to ionizing radiation; and presumptive service connection are cross-reference other compensation and certain disabilities or undiagnosed contained in §§ 3.303 (principles pension regulations. If those regulations illnesses associated with service during relating to service connection), 3.308 have been published in this or earlier the Gulf War. Although Congress has (presumptive service connection; NPRMs, we cite the proposed part 5 established other statutory peacetime service before January 1, section. We also cite the Federal presumptions, such as the presumption 1947), 3.316 (claims based on exposure Register page where a proposed part 5 of sound condition stated in 38 U.S.C. to mustard gas and other agents), 3.317 section published in an earlier NPRM 1111, this notice does not affect the (compensation for certain disabilities may be found. However, where a regulations implementing those other due to undiagnosed illness), and 3.379 regulation proposed in this NPRM statutory presumptions. When we refer (anterior poliomyelitis). would cross-reference a proposed part 5 to presumptions in this notice we are We propose to establish a general regulation that has not yet been referring to the presumptions of service rule, which would include the rules that published, we cite to the current part 3 connection for specific types of diseases are applicable to all presumptions, regulation that deals with the same or illnesses stated in 38 U.S.C. 1112, followed by several rules that would subject matter. The current part 3 1116, 1117, 1118, and 1133. We are also each contain the current rules specific section we cite may differ from its referring to the presumption of service to certain presumptions. We propose to eventual part 5 replacement in some connection associated with full-body codify these regulations in part 5 of title respects, but we believe this method exposure to nitrogen mustard, sulfur 38, Code of Federal Regulations, at will assist readers in understanding mustard, or Lewisite, in 38 CFR 3.316. §§ 5.260 through 5.269. Most of the these proposed regulations where no In most situations, Congress limited basic concepts contained in these part 5 replacement has yet been the applicability of the presumptions by proposed regulations are the same as in published. If there is no part 3 the provisions of 38 U.S.C. 1113, which their existing counterparts in 38 CFR counterpart to a proposed part 5 states that the presumptions are part 3. regulation that has not yet been rebuttable ‘‘[w]here there is affirmative published, we have inserted evidence to the contrary, or evidence to Table Comparing Current Part 3 Rules ‘‘[regulation that will be published in a establish that an intercurrent injury or With Proposed Part 5 Rules future Notice of Proposed Rulemaking]’’ disease which is a recognized cause of The following table shows the where the part 5 regulation citation any of the diseases or disabilities * * * correspondence between the current would be placed. has been suffered between the date of regulations in part 3 and those proposed In connection with this rulemaking, separation from service and the onset of or redesignated regulations contained in VA will accept comments relating to a any such diseases or disabilities, or the this NPRM:

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Based in whole or in part on 38 CFR part 3 section or paragraph (or, if Proposed part 5 section or paragraph not based on any current provision, then ‘‘New’’)

5.260(a) ...... New. 5.260(b) ...... 3.307(b)–(c). 5.260(c) ...... 3.307(d); 3.309(a)–(e); 3.316(b); 3.317(c). 5.261(a) ...... 3.307(a), (a)(3). 5.261(b) ...... 3.307(a)(1), (2). 5.261(c) ...... 3.307(a)(2). 5.261(d) ...... 3.303(b); 3.307(a)(3), (b), (c). 5.261(d) (table) ...... 3.309(a). 5.261(e) ...... 3.309(a). 5.261(f) ...... New. 5.262(a)(1) ...... 3.307(a)(6)(iii). 5.262(a)(2) ...... 3.307(a)(6)(ii). 5.262(b) ...... 3.307(a)(6)(i). 5.262(c) ...... 3.307(a)(1). 5.262(d) ...... 3.307(a)(6)(iii). 5.262(e) ...... 3.307(a)(6)(ii); 3.309(e). 5.262(e) Note 1 ...... 3.309(e) Note 2. 5.262(e) Note 2 ...... 3.309(e) Note 1. 5.263 ...... 3.313. 5.264(a) ...... 3.307(a)(1) (third sentence). 5.264(a) ...... 3.1(y); 3.307(a)(5); 3.309(c). 5.264(c) ...... 3.309(c). 5.265(a) ...... 3.307(a)(4), 3.308(b), 3.309(b). 5.265(b) ...... 3.307(a)(1). 5.265(c) ...... 3.307(a)(2). 5.265(d) ...... 3.309(b). 5.265(e) ...... 3.307(d)(1). 5.265(f) ...... 3.308(b). 5.266 ...... 3.317 (redesignated as described at the end of this rulemaking). 5.267 ...... 3.316 (redesignated as described at the end of this rulemaking). 5.268(a) ...... 3.309 (d)(3)(i). 5.268(b) ...... 3.309(d)(1)–(2). 5.268(c) ...... 3.309(d)(3)(ii), (iv), (vi), (vii). 5.268(d) ...... 3.309(d)(3)(iii). 5.268(e) ...... 3.309(d)(3)(v). 5.268 Note ...... New (cross reference). 5.269(a) ...... 3.311(a)(1)(b)(1). 5.269(b) (introductory text) ...... 3.311(b)(2). 5.269(b)(1) ...... 3.311(b)(2), (5). 5.269(b)(2) ...... 3.311(b)(3). 5.269(b)(3) ...... 3.311(b)(4). 5.269(c)(1) ...... 3.311(a)(1), (2). 5.269(c)(2) ...... 3.311(a)(1) (last sentence). 5.269(c)(3) ...... 3.311(a)(4)(ii). 5.269(c)(4) ...... 3.311(a)(4)(i). 5.269(c)(5) ...... 3.311(b)(1). 5.269(d)(1) ...... 3.311(a)(2)(iii), (c). 5.269(d)(2) ...... 3.311(a)(3). 5.269(e)(1)–(3) ...... 3.311(c). 5.269(e)(4) ...... 3.311(c)(2), (d). 5.269(e)(5)–(6) ...... 3.311(d)(3). 5.269(f) ...... 3.311(f). 5.269(g) ...... 3.311(g).

Readers who use this table to compare time. For example, a reader might find Content of Proposed Rules existing regulatory provisions with the a reference to paragraph (a) of a part 3 Presumptions of Service Connection for proposed provisions, and who observe a section in the table, but no reference to Certain Disabilities, and Related Matters substantive difference between them, paragraph (b) of that section because should consult the text that appears paragraph (b) will be addressed in a Section 5.260 General Rules and later in this document for an future NPRM. The table also does not Definitions explanation of significant changes in include material from the current Current 38 CFR 3.307 sets forth each regulation. Not every paragraph of sections that will be removed from part general rules that govern most every current part 3 section affected by 3 and not carried forward to part 5. A adjudications of service connection these proposed regulations is accounted listing of material VA proposes to based on presumptions established by for in the table. In some instances other remove from part 3 appears later in this 38 U.S.C. 1112 and 1116. Proposed portions of the part 3 sections that are document. § 5.260 contains those general rules, as contained in these proposed regulations described in the paragraphs that follow. appear in subparts of part 5 that will be We propose to move rules in current published for public comment at a later § 3.307 that are specific to particular

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presumptions to the proposed rules that required degree, followed without ‘‘affirmative’’ is commonly defined to govern those particular presumptions. unreasonable time lapse by definite mean ‘‘asserting the truth or validity of Proposed paragraph (a) of § 5.260 diagnosis.’’ 38 CFR 3.307(c) (emphasis a statement’’ or ‘‘declaratory of what would define how a ‘‘presumption of added). The emphasized language must exists.’’ Webster’s Third New Int’l service connection’’ operates for the be considered in connection with the Dictionary 36 (1979). Accordingly, the purposes of the rules contained in this rule in current § 3.307(b) that requires term ‘‘affirmative evidence’’ clearly notice, as follows: VA to consider ‘‘[t]he chronicity and requires evidence supporting the facts to A presumption of service connection continuity factors outlined in be proven, but implies no particular establishes a material fact (or facts) necessary § 3.303(b)’’ as evidence in support of a standard of proof to specify how to establish service connection, even when claim for presumptive service convincing the evidence must be. there is no evidence that directly establishes connection for a disease. In the context Neither the statutes nor current VA that material fact (or facts). Examples of of presumptions, evidence of continuity regulations state what the standard of material facts include whether a disease or of symptoms may be used to relate proof for rebuttal will be in such cases. disability had its onset during a veteran’s symptoms that manifested during a Pursuant to his general authority under military service, or whether a veteran was presumptive period to a current 38 U.S.C. 501(a), to establish regulations exposed to certain herbicide agents during diagnosis made after that presumptive ‘‘necessary or appropriate to carry out such service. The evidence must prove that the laws administered by the the presumption applies to the claimant, but period ended. Section 3.307(b) is after such a showing there is no need for helpful to veterans who had symptoms Department,’’ the Secretary will, as part additional evidence of the material fact(s) that manifested during a presumptive of this rewrite project, propose a established by the presumption. period but did not obtain a diagnosis regulation to establish and explain a within that presumptive period. general standard of proof for rebutting We believe that the proposed A presumption relieves the party presumptions of service connection. language reflects the intent of Congress benefiting from the presumption of the This new provision will be published in and the historical application of obligation to prove the presumed facts. a separate NPRM. We believe that the presumptions in VA regulations and See Routen v. West, 142 F.3d 1434, 1439 addition of this new provision to fill case law. For example, 38 U.S.C. 1112(a) (Fed. Cir. 1998). For example, 38 CFR this gap will provide helpful guidance states that a presumption establishes 3.309, ‘‘Diseases subject to presumptive to claimants and VA adjudicators. that a particular disease ‘‘shall be service connection,’’ contains a list of Additionally, section 1113 is considered to have been incurred in or diseases and disabilities for which implemented in current §§ 3.307(d), aggravated by * * * service, incurrence or aggravation during service 3.309(a)–(c), (e), 3.316(b), which notwithstanding that there is no record is presumed, so long as certain describe what evidence may be used to of evidence of such disease during the conditions are met. See also 38 CFR rebut presumptions related to period of service.’’ Our current rule, 3.307, ‘‘Presumptive service connection incurrence or aggravation, i.e., (1) § 3.303(a), recognizes that proof of the for chronic, tropical or prisoner-of-war affirmative evidence to the contrary; (2) ‘‘factors’’ of service connection related disease, or disease associated evidence of intercurrent (intervening) described by the regulation ‘‘may be with exposure to certain herbicide injury or disease which is a recognized accomplished * * * through the agents; wartime and service on or after cause of the disease or disability; and (3) application of statutory presumptions.’’ January 1, 1947.’’ Some regulations evidence the disability is due to the Both of these descriptions discuss include presumptions that benefit the veteran’s own willful misconduct. We presumptions in terms of their effect on claimant, such as §§ 3.307 and 3.309. believe it is not helpful to have the the burden of producing evidence. Other regulations include presumptions criteria stated in multiple rules, These descriptions are in accord with that may have an adverse impact on a especially because the criteria are stated the seminal decision by the United claimant such as 38 CFR 3.23(d)(6), slightly differently in each rule, which States Court of Appeals for the Federal which presumes that a child’s income is may lead users of the rules to conclude, Circuit on the subject, which defined a ‘‘reasonably available’’ to a veteran or a mistakenly, that a different substantive presumption as follows: ‘‘The surviving spouse if certain other facts rule applies in each situation. In order presumption affords a party, for whose are shown. In such cases, the child’s to clarify that one set of general rules on benefit the presumption runs, the income would be included for purposes rebutting presumptions applies in all luxury of not having to produce specific of determining whether a veteran or cases (except where specifically evidence to establish the point at issue. surviving spouse met the income limits provided otherwise), we propose to When the predicate evidence is for entitlement to Improved pension. place all of the generally applicable established that triggers the In 38 U.S.C. 1113, ‘‘Presumptions rebuttal rules in § 5.260(c), and therefore presumption, the further evidentiary rebuttable,’’ Congress has established not to republish the general language in gap is filled by the presumption.’’ that presumptions of service connection current §§ 3.307(d), 3.309(a)–(c), (e), or Routen v. West, 142 F.3d 1434, 1440 for certain disabilities may be rebutted 3.316(b). (Fed. Cir. 1998). by ‘‘affirmative evidence’’ to the The presumption that a cancer was Proposed paragraph (b) clarifies the contrary or evidence of an intercurrent caused by exposure to ionizing radiation current requirement that certain disease or injury capable of causing the or herbicide agents (see 38 U.S.C. presumptive diseases that must become veteran’s disability. The phrase 1112(c) and 1116) may be rebutted by manifest within a specific period need ‘‘affirmative evidence’’ does not evidence that the cancer developed as a not be diagnosed within that period. We correspond to any of the three generally result of metastasis of a cancer which is propose to clarify the following recognized standards of proof—i.e., the not associated with exposure to ionizing language from current § 3.307(c), which ‘‘preponderance of the evidence’’ radiation or herbicide agents. (See VA states: ‘‘This will not be interpreted as standard, the ‘‘clear and convincing General Counsel Opinion requiring that the disease be diagnosed evidence’’ standard, or the ‘‘beyond a VAOPGCPREC 18–97). We have in the presumptive period, but only that reasonable doubt’’ standard. See therefore added Language to explain there be then shown by acceptable Addington v. Texas, 441 U.S. 418, 423– that if evidence establishes that a cancer medical or lay evidence characteristic 24 (1979), Gilbert v. Derwinski, 1 Vet. (for which service connection is claimed manifestations of the disease to the App. 49, 53–54 (1990). The term under § 5.262 or § 5.268) originated in

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another area of the body and then because the material is specific to the consideration will be given as to spread to one of the specific areas listed tropical-disease presumptions. whether an acute condition is an in § 5.262(e) or § 5.268(b), then the The statutory authority for the current exacerbation of a chronic disease.’’ presumption of service connection will 38 CFR 3.307(a), (c), and (d), as well as Proposed paragraph (d) restates this be rebutted. the proposed rule, is 38 U.S.C. 501(a), concept, but substitutes the phrase The proposed rules would not use the 1112, and 1113. We propose to add 38 ‘‘slow onset and persistent progress’’ for phrase ‘‘affirmative evidence,’’ which U.S.C. 1137 as the statutory authority the phrase ‘‘insidious inception and appears in 38 U.S.C. 1113 and current enabling VA to extend the presumptions chronic development.’’ We believe these regulations. As stated above, we intend to persons with peacetime service after words better explain the nature and to adopt a generally applicable rebuttal December 31, 1946. character of the diseases listed in 38 standard of proof in a separate NPRM, Section 5.261 Certain Chronic Diseases U.S.C. 1101(3) and 1112(a)(1). We also which will apply to matters governed by VA Presumes Are Service Connected propose to delete the examples of section 1113. We believe that retaining disabilities which might result from the term ‘‘affirmative evidence’’ may Currently, §§ 3.303(b), 3.307(a), ‘‘intercurrent causes’’ because we 3.308(a), and 3.309(a) all contain rules cause unnecessary confusion as to believe they are not very helpful to the that are specific to service connection whether it implies a different standard understanding of the concept. for chronic diseases on a presumptive that may be less favorable to claimants. The introductory text to proposed basis. VA proposes to consolidate these Further, inasmuch as the term paragraph (d) states that ‘‘VA will not provisions into one new regulation, ‘‘affirmative evidence’’ does not clearly apply the presumption of service designated as § 5.261. The proposed impose any requirement other than that connection where there is evidence that regulation would neither enlarge nor the evidence tend to prove a fact, we the disease preceded service to a degree diminish the existing rules. believe it is unnecessary to use the term. of 10 percent or more. However, VA will Proposed § 5.261(a) restates the apply the presumption where there is We believe that evidence sufficient to presumption of service connection for evidence that the disease preceded meet the generally applicable rebuttal chronic diseases set forth in current service to a degree of less than 10 standard we intend to propose will §§ 3.307(a) and (a)(3). Proposed percent.’’ This language is new and necessarily be affirmative of the relevant § 5.261(a) states that VA will presume conforms to section 1112(a) of title 38, fact. service connection for a disease listed in U.S. Code, and codifies the holding of We propose not to include in § 5.260 paragraph (d) of this section, although the U.S. Court of Appeals for the the current regulatory requirement of 38 not otherwise established as incurred or Federal Circuit in Splane v. West, 216 CFR 3.307(d) that ‘‘medical judgment aggravated in service, if it first became F.3d 1058, 1069 (Fed. Cir. 2000). will be exercised in making manifest to a degree of 10 percent or Proposed paragraph (d) lists the determinations relative to the effect of more within a year of separation from a diseases that currently appear in intercurrent injury or disease.’’ We qualifying period of service or within § 3.309(a), with the changes described believe that this language could be read such other time as provided in below. We propose to alphabetize the to imply that a VA employee making an paragraph (d) of this section, called the listed diseases in a chart designating the adjudicative decision in such a case presumptive period. would use his or her own medical Proposed paragraphs (b) and (c) appropriate presumptive period for each judgment. This would be a violation of restate the identification of qualifying disease. Some additional explanatory the holding by the U.S. Court of Appeals periods of service and the presumptive material concerning cardiovascular- for Veterans Claims in Colvin v. period set forth in current § 3.307(a)(1) renal disease has been moved to a Derwinski, 1 Vet. App. 171, 172 (Vet. and (a)(2). Current § 3.307(a)(2) states separate paragraph designated (e). We App. 1991), overruled in part on other that for certain veterans, their date of propose to add the terms ‘‘acute or grounds, Hodge v. West, 155 F3d 1356, separation will be the end of the chronic’’ in a parenthetical to modify 1360 (Fed. Cir. 1998), that in making wartime period in which they served. ‘‘Leukemia.’’ In doing so, we are able to decisions, VA must consider only We believe it is important to note that remove the sixth sentence of current ‘‘medical evidence to support [its] this provision only applies to veterans § 3.307(b), which is redundant of the findings rather than provide [its] own who had a combination of wartime and parenthetical language. Current § 3.309(a) contains the medical judgment.’’ Moreover, we peacetime service prior to World War II. following parenthetical explanation believe the language in § 3.307(d) We have therefore proposed to clarify regarding ‘‘Ulcers, peptic (gastric or quoted above is now unnecessary in that this rule applies only to ‘‘claims duodenal’’): light of the fact that cases described by based on service ending before § 5.260(c) are subject to VA’s duty to December 7, 1941.’’ (A proper diagnosis of gastric or duodenal assist requirements. These are reflected Proposed § 5.261(d) lists what ulcer (peptic ulcer) is to be considered in 38 U.S.C. 5103A(d) and 38 CFR diseases are chronic for the purposes of established if it represents a medically sound 3.159(c)(4), which states, in pertinent the presumption of service connection. interpretation of sufficient clinical findings part, ‘‘In a claim for disability warranting such diagnosis and provides an Although there is no statutory or adequate basis for a differential diagnosis compensation, VA will provide a regulatory definition of a chronic from other conditions with like medical examination or obtain a disease, section 1101(3) of title 38, U.S. symptomatology; in short, where the medical opinion based upon a review of Code, provides a list of diseases that preponderance of evidence indicates gastric the evidence of record if VA determines Congress has determined to be chronic or duodenal ulcer (peptic ulcer). Whenever it is necessary to decide the claim.’’ for the purposes of granting possible, of course, laboratory findings The proposed regulation pertaining to presumptive service connection. should be used in corroboration of the presumptions of service connection for Current § 3.307(b) states ‘‘The diseases clinical data. certain tropical diseases, § 5.265, listed in § 3.309(a) will be accepted as We believe that the principles stated incorporates the material in current chronic, even though diagnosed as acute in this parenthetical apply equally to § 3.307(d) on rebutting these because of insidious inception and any evidence of a diagnosis, not just a presumptions. The material is not in the chronic development * * * unless the diagnosis of an ulcer. The current proposed general regulation, § 5.260, clinical picture is clear otherwise, parenthetical might cause confusion by

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leading readers to believe that these who served within the geographic land [M]ultiple sclerosis developing a 10 principles apply only regarding ulcers, boundaries of the Republic of Vietnam. percent degree of disability or more within and we therefore propose to remove this Furthermore, we are not aware of any seven years from the date of separation from language. legislative history suggesting that such service * * * shall be considered to Proposed paragraph (f) restates the offshore service or service in other have been incurred in or aggravated by such service, notwithstanding there is no record of holding of VA General Counsel locations are within the meaning of the evidence of such disease during the period of Precedent Opinion 1–90 (Mar. 16, 1990), statutory phrase, ‘‘Service in the service. that service connection is available for Republic of Vietnam.’’ hereditary or familial diseases listed in Based on the foregoing, proposed The Federal Circuit held that the proposed paragraph (b) if the disease § 5.262(a)(1) would more clearly state words ‘‘or aggravated by’’ indicate that first manifested to a degree of 10 percent the limits of the presumption of Congress meant section 1112(a) to apply or more within the applicable exposure and the presumption of to those situations where multiple presumptive period following discharge service connection based on exposure to sclerosis predated entry into the service or release from service, subject to the certain herbicide agents. We propose to and became disabling to a compensable rebuttable presumption provisions of revise this language to make it clear that degree within the presumptive period § 3.307(d). veterans who served in waters offshore following service. The ‘‘or aggravated The statutory authority for this but did not enter Vietnam, either on its by’’ language also appears in 38 U.S.C. section is 38 U.S.C. 501 and 1101(3), land mass or in its inland waterways 1116(a)(1)(B), which provides the which lists chronic diseases; 38 U.S.C. cannot benefit from this presumption. It authority for the presumptions based on 1112(a)(1), which establishes the would state: ‘‘For purposes of this herbicide exposure. Therefore, we presumption of service connection for section, ‘Service in the Republic of propose to add language to clarify that chronic diseases; and 38 U.S.C. 1137, Vietnam’ does not include service in the presumptions may apply to a listed which governs presumptions for waters offshore or service in other disease that preexisted service but first peacetime veterans. locations, but does include any service became manifest to a degree of 10 in which the veteran had duty in or percent or more within the presumptive Section 5.262 Presumption of Service period following service. We note that if Connection for Diseases Associated visited in the Republic of Vietnam.’’ It has previously been suggested that the condition preexisted service to a With Exposure to Certain Herbicide VA should define ‘‘Service in the degree of 10 percent, for example, and Agents Republic of Vietnam’’ to include service after service the condition was 20 Proposed § 5.262 contains the rules in inland waterways, because veterans percent disabling, the veteran may be established by 38 U.S.C. 1116 and who served there were sometimes able to establish service connection subject to 38 U.S.C. 1113 relating to the exposed to herbicides. (See Disease using the presumption of aggravation in presumption of service connection for Associated With Exposure to Certain 38 U.S.C. 1153. certain diseases associated with Herbicide Agents: Type 2 Diabetes (final Section 5.263 Presumption of Service exposure to certain herbicide agents. rule at 66 FR 23166, May 8, 2001)). We Connection for Non-Hodgkin’s Current § 3.307(a)(6)(iii) states, in agree that veterans who served in the pertinent part: ‘‘Service in the Republic inland waterways may have been Lymphoma Based on Service in of Vietnam’’ includes service in the exposed to herbicides (see Vietnam waters offshore and service in other ‘‘Characterizing Exposure of Veterans to Proposed § 5.263 is based on current locations if the conditions of service Agent Orange and Other Herbicides § 3.313, ‘‘Claims based on service in involved duty or visitation in the Used in Vietnam: Final Report’’, page 1 Vietnam.’’ The only change we propose Republic of Vietnam.’’ The current rule (2003, National Academies Press)). is the addition of the phrase, ‘‘For is based on 38 U.S.C. 1116(f), which Further, we believe that service on purposes of this section,’’ at the requires that a veteran have served ‘‘in inland waterways constitutes service in beginning of paragraph (a). We believe the Republic of Vietnam’’ to be eligible the Republic of Vietnam within the this change will help clarify to readers for the presumption of exposure to meaning of 38 U.S.C. 1116(f), and that the definition of service in Vietnam herbicides. As stated in the preamble to believe it would be helpful to clarify in this rule is distinct from the the final rule on Type 2 diabetes (66 FR that in our regulations. We therefore definition of service in the Republic of 23166, May 8, 2001) in interpreting propose to include such a provision in Vietnam in current § 3.307(a)(6)(iii) and similar language in 38 U.S.C. proposed paragraph (a)(1) that would proposed § 5.262(a)(1). 101(29)(A), VA’s General Counsel has state: ‘‘* * * which includes service on Section 5.264 Diseases VA Presumes concluded that service aboard a deep- the inland waterways.’’ water vessel in waters offshore the Proposed paragraph (b) is derived Are Service Connected in Former Republic of Vietnam does not constitute from current § 3.307(a)(6)(i), except that Prisoners of War service ‘‘in the Republic of Vietnam.’’ we propose not to include the following Proposed § 5.264 restates current (See VAOPGCPREC 27–97). VA’s phrase from that rule: ‘‘* * * in support §§ 3.307(a)(5) and 3.309(c) pertaining to regulatory definition of ‘‘Service in the of the United States and allied military presumptive service connection for Republic of Vietnam’’ predates the operations in the Republic of Vietnam diseases specific to former prisoners of enactment of what is now section during the period beginning on January war. 1116(f) (see former 38 CFR 3.311a(a)(1) 9, 1962, and ending on May 7, 1975.’’ Prior to December 16, 2003, 38 U.S.C. (1990)), and we find no basis to We believe that that language is 1112(b) provided that ‘‘a veteran who is conclude that Congress intended to unnecessary, because the regulation a former prisoner of war and who was broaden that definition. specifies which agents are considered detained or interned for not less than We are not aware of any valid herbicide agents. thirty days’’ was entitled to a rebuttable scientific evidence showing that We have also added text to implement presumption of service connection for individuals who served in the waters Splane v. West, 216 F.3d 1058 (Fed. Cir. certain diseases that became manifest to offshore of the Republic of Vietnam or 2000), in which the Federal Circuit a degree of 10 percent or more after in other locations were subject to the interpreted the following language from service. The statute listed 15 disabilities same risk of herbicide exposure as those 38 U.S.C. 1112(a): that qualified for that presumption.

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VA’s current implementing regulation, establishes the presumption of service associated with full-body exposure to 38 CFR 3.309(c), incorporates the connection for a tropical disease. nitrogen mustard, sulfur mustard, or requirement for 30 days of detention or Lewisite. We propose to change the title Section 5.266 Compensation for internment in order to qualify for the of the regulation to specify the mustard Certain Disabilities Due to Undiagnosed presumption of service connection for agents to which it is applicable. Illnesses any of the listed diseases. The general rules on rebuttal of the Section 201 of the Veterans Benefits We propose to redesignate without presumption of service connection Act of 2003, Pub. L. 108–183, 117 Stat. substantive change current § 3.317 contained in § 3.316(b), would not be 2651 (Dec. 16, 2003), amended 38 U.S.C. relating to compensation for certain contained in § 5.267 because such rules 1112(b) to eliminate the 30-day disabilities due to undiagnosed illnesses are set forth in proposed § 5.260, as requirement for psychosis, any anxiety as § 5.266. discussed above. states, dysthymic disorders, organic We propose to make the following Currently, there is no statutory residuals of frostbite and post-traumatic nonsubstantive changes to the authority listed for § 3.316. The arthritis. Section 201 of the Act also provisions redesignated as § 5.266. First, Secretary determined in 1992, when this codifies cirrhosis of the liver as a we propose to replace the term ‘‘active regulation was first proposed by VA, disability which is presumptively military, naval, and air service,’’ as used that special circumstances surrounding service connected for a former POW throughout the regulation, with the the World War II programs in which who was interned for at least 30 days. shorter term ‘‘active military service.’’ these mustard agents were tested placed (On July 18, 2003, VA published a final As part of the Regulations Rewrite veterans who participated in the tests at regulation adding cirrhosis of the liver Project, we have proposed regulations a disadvantage when attempting to to the list of conditions presumptively defining ‘‘active military service’’ to establish service connection based on service connected for former POWs. (68 include qualifying duty in any of the exposure to these agents. 57 FR 1699 FR 42602)) We propose to incorporate Armed Forces. See 69 FR 4820. This (1992). Consistent with the authority of these statutory amendments in § 5.264. will eliminate the need to repeat the 38 U.S.C. 501(a), the Secretary of In addition, we propose to amend the cumbersome phrase ‘‘active military, Veterans Affairs created a presumption phrase ‘‘any of the anxiety states’’ on the naval, or air service’’ throughout the of service connection for veterans list of diseases presumed to be service regulations in part 5 of title 38 of the exposed to certain mustard agents who connected under this section to specify CFR. Second, we propose to remove the contracted specified diseases. We that any mental disorder classified as an adjective ‘‘affirmative’’ as used in the therefore propose to add 38 U.S.C. anxiety disorder by 38 CFR 4.130, the provisions of current § 3.317(c)(1)–(3) to 501(a), establishing VA’s general rating schedule for mental disorders, describe the evidence that may defeat a authority to establish rules and including post-traumatic stress disorder, claim for benefits for certain regulations to implement the law, as the will be presumed service connected. As undiagnosed illnesses. As explained in authority citation for this regulation. amended, proposed paragraph (b) would the portion of this notice discussing Service Connection for Diseases Due to include ‘‘[a]ny of the anxiety disorders, proposed § 5.260(c), we believe that Exposure to Ionizing Radiation as listed in § 4.130, including post- term is unnecessary and may traumatic stress disorder.’’ improperly imply that evidence need Current §§ 3.309(d) and 3.311 contain only be ‘‘affirmative’’ in order to bar a the rules for adjudicating claims based 5.265 Tropical Diseases VA Presumes claim for benefits under this section. As on exposure to ionizing radiation in Are Service Connected stated in this notice, VA will propose service. We propose in §§ 5.268 and Proposed § 5.265 restates current separate regulations specifying the 5.269 to rewrite and reorganize those §§ 3.307(a)(2), (a)(4), (d)(1), 3.308(b), standard of proof evidence must meet in existing rules in order to improve their and 3.309(b) pertaining to presumptive order to justify the denial of a claim for clarity and to organize them in a way service connection for tropical diseases. benefits. Third, we propose to rearrange that will make them easier for claimants Current § 3.307(a)(2) states that for alphabetically the list of signs or to understand and for VA to implement. certain veterans, their date of separation symptoms in current § 3.317(b), to make Under the provisions of current will be the end of the wartime period in it easier to locate each item. § 3.309(d), a presumption of service which they served. We believe it is Currently, § 3.500(y) specifies the connection arises when the evidence important to note that this provision effective date for a reduction or establishes that a veteran participated in only applies to veterans who had a discontinuance of compensation for a radiation-risk activity, as defined in combination of wartime and peacetime certain disabilities due to undiagnosed the regulation, and either has one of the service prior to World War II. We have illnesses. Because this provision is diseases listed in that regulation, or died therefore proposed to clarify that this simply a restatement of the general as a result of one of them. If these rule applies only to ‘‘claims based on effective date rule for reductions and criteria are not met in a particular case, service ending before December 7, discontinuances (as found in 38 U.S.C. VA then considers the claim under the 1941.’’ 5112 and 38 CFR 3.500(a)), this might alternate provisions in current § 3.311 to Proposed paragraph (e) would include cause a reader to mistakenly believe that determine if service connection can be the material in the last two sentences of the rule in § 3.500(y) somehow differs granted. current § 3.307(d)(1) specifically from the general rule. To avoid this The alternative method in current regarding the rebuttal of the tropical- confusion, we propose to remove § 3.311 consists of an extensive disease presumption. § 3.500(y). evidentiary-development process, We propose to insert the word including reviews by the Under ‘‘presumptive’’ before the word Section 5.267 Presumption of Service Secretary for Benefits (USB) and the ‘‘period’’ in the first of these sentences, Connection for Conditions Associated Under Secretary for Health (USH), or to clarify the period to which the With Full-Body Exposure to Nitrogen their representatives. Furthermore, regulation refers. The statutory authority Mustard, Sulfur Mustard, or Lewisite § 3.311(b)(2) contains a list of radiogenic for paragraphs (a)-(d) is 38 U.S.C. Proposed § 5.267 would reorganize diseases applicable to adjudications 1101(4), which lists tropical diseases, and clarify the current presumption of under that provision, and § 3.311(b)(5) and 38 U.S.C. 1112(a)(2), which service connection for conditions contains specific time-frames in which

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those diseases must have manifested. We believe this guidance will assist statutes and regulations regarding Some of the diseases on this list are also readers in determining which rule and delegations of authority, that as used in on the list in § 3.309(d). However, the criteria apply in select circumstances. this section, ‘‘the Under Secretary for manifestation periods and rules for Health’’ includes his or her designees. Section 5.269 Direct Service claims development contained within Proposed paragraph (c)(4) restates Connection for Diseases Associated § 3.311 are applied only when service current § 3.311(a)(4)(i), which states that With Exposure to Ionizing Radiation connection cannot be presumed under VA will concede a veteran’s presence at § 3.309(d). Proposed § 5.269 is based on current a site at which exposure to ionizing Additionally, under current § 3.311, containing the rules for radiation is claimed to have occurred § 3.311(b)(4), VA will consider any establishing service connection for when military records neither confirm disease to be a radiogenic disease— diseases caused by ionizing radiation presence at nor absence from the regardless of whether it is listed in when the presumption of service claimed site. This concession is for the § 3.311—if the claimant has cited or connection does not apply. Although purposes of proposed § 5.269 only and submitted competent medical or these regulatory provisions do not does not confer entitlement to the scientific evidence that the disease is pertain to establishing a presumption of presumptive provisions of proposed radiogenic. Again, this provision is service connection, we believe that it is § 5.268. independent of § 3.309(d) and applies helpful to place them directly after Proposed paragraph (c)(5), based on only in claims that do not meet the proposed § 5.268 because VA considers 3.311(b)(1), describes the circumstances requirements for the presumption of the claim under these provisions when for forwarding dose data and any other service connection under that rule. it cannot establish service connection evidence, along with the claims folder, In our view, the current regulatory on a presumptive basis. In order to to the Under Secretary for Benefits for framework—consisting of two clarify that proposed § 5.269 does not review. The U.S. Court of Appeals for regulations with three distinct sets of describe a presumption of service Veterans Claims held in Wandel v. West, criteria for establishing service connection, we propose to have the title 11 Vet. App. 200, 205 (1998), that connection for a disease claimed to be of the rule read, ‘‘Direct service referral to the Under Secretary for caused by exposure to ionizing radiation connection for diseases associated with Benefits is not required absent ‘‘is difficult for the reader to exposure to ionizing radiation.’’ competent evidence that a veteran was understand, particularly in light of the Proposed § 5.269(a) states that this exposed to radiation. In Wandel, the multiple cross references in the section does not establish a dose estimate was reported as ‘‘zero.’’ regulations. We propose a regulatory presumption of service connection and Therefore, we propose to add to the framework that clearly differentiates in paragraphs (a)(1) through (3), states regulation a provision that states that between the different methods available the basic elements of a claim the claims file will not be referred by for establishing service connection. adjudicated under current § 3.311. If the the agency of original jurisdiction to the provisions of paragraphs (a)(1) through Under Secretary for Benefits for review Section 5.268 Service Connection for (3) are not met, then the claim cannot if VA determines that the claimed Diseases Presumed To Be Due to be granted under this section. disability or disease is not radiogenic, Exposure to Ionizing Radiation Proposed paragraph (b) lists the that the veteran was not exposed to We propose in § 5.268 to state the diseases recognized as associated with ionizing radiation in service as claimed, rules applicable to the presumption of exposure to ionizing radiation, and or if the actual or estimated dose is service connection for diseases would include the provision in current reported to be zero rem gamma. associated with ionizing radiation § 3.311(b)(4) permitting claimants to Proposed paragraph (d) states the exposure established under 38 U.S.C. show that a disease not listed is procedures for review by the Under 1112(c). nevertheless associated with such Secretary for Benefits. Proposed Proposed paragraph (a) states the exposure based on competent scientific paragraph (d)(1) states that ‘‘[t]he Under service requirements that are unique to or medical evidence that the claimed Secretary for Benefits will review all the claims for service connection for condition is a radiogenic disease. evidence of record and may request an diseases presumptively associated with Proposed paragraph (c)(1)(iii), based advisory medical opinion from the ionizing radiation exposure under this on current § 3.311(a)(2), states the types appropriate office of the Under section. and sources of records which VA will Secretary for Health as to whether the Proposed paragraphs (c) through (e) attempt to obtain concerning a veteran’s veteran’s disease resulted from exposure contain definitions of terms used in this exposure to ionizing radiation. We also to ionizing radiation in service.’’ section. We recognize that it is unusual propose to add the following new Proposed paragraph (e) restates the to provide separate paragraphs for sentence: ‘‘If neither the Department of process, described in current § 3.311(c) definitions; however, in this case, the Defense nor any other source provides and (d), for the Under Secretary for definitions do more than simply clarify VA with records adequate to permit the Benefits to review ionizing radiation the meaning of a particular term. For Under Secretary to prepare a dose claims and, if necessary, refer the case example, the definition of ‘‘operational estimate, then VA will ask the to an outside consultant for an expert period’’ essentially sets forth a list of Department of Defense to provide a dose opinion on whether veteran’s radiation operations to which the presumption estimate.’’ This would reflect the fact exposure caused his disability. Current applies. Currently, these key terms are that it is impossible to estimate the § 3.311(d)(3) states that, ‘‘The consultant listed without headings. We believe that likelihood that ionizing radiation shall evaluate the claim under the providing the definitions in separate exposure caused a claimed condition in factors specified in paragraph (e) of this paragraphs will make it easier to locate the absence of a numerical ionizing section and respond in writing, stating the definitions of these terms. radiation dose estimate and that VA whether it is either likely, unlikely, or We propose to add guidance in a would be unable to prepare a dose approximately as likely as not the ‘‘Note’’ at the end of § 5.268 that states: estimate if it has not received any veteran’s disease resulted from exposure ‘‘If this section does not apply in a records on which to base such an to ionizing radiation in service.’’ We particular case, VA will consider service estimate. Proposed paragraph (c)(1) also propose to change this to require the connection under § 5.269 of this part.’’ clarifies, consistent with existing consultant to opine whether it is ‘‘likely,

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unlikely, or at least as likely as not anterior poliomyelitis manifested as publishing proposed amendments in ***’’ This will make the provision active febrile disease warrants a 100 several NPRMs. In the last NPRM, VA consistent with the terminology in percent rating under Diagnostic Code will propose to remove all of part 3, current § 3.311(c)(1) and (c)(2) and 8011. Moreover, minimum residuals of concurrent with the implementation of proposed § 5.269(e)(1) and (e)(4). anterior poliomyelitis warrant a 10 part 5. Proposed paragraph (f) restates the percent rating under Diagnostic Code Endnote Regarding Redesignation From content of current § 3.311(f), which 8011. There is no zero percent rating Part 3 states that decisions under that section under Diagnostic Code 8011. Therefore, will be made based on standard a veteran with any manifestations of We propose to redesignate current principles of adjudication. Because acute anterior poliomyelitis within the § 3.313 ‘‘Claims based on service in current § 3.311(f) does not clearly state one-year presumptive period (whether Vietnam’’ as new § 5.263 ‘‘Presumption what entity within VA actually makes or not within 35 days of termination of of service connection for non-Hodgkin’s the determination of service connection active military service), would qualify lymphoma based on service in under this section, proposed paragraph for the presumption under § 3.309(a). Vietnam.’’ (f) clarifies that the ‘‘agency of original Based on the above provisions, we jurisdiction will adjudicate the claim.’’ believe that any veteran who would Paperwork Reduction Act Proposed paragraph (g) restates benefit from the requirements of current This document contains no provisions current § 3.311(g), which provides that § 3.379 would also meet the constituting a collection of information service connection will not be requirements of current § 3.309(a). under the Paperwork Reduction Act (44 established if a disease is due to the Therefore, we propose to remove U.S.C. 3501–3521). veteran’s own willful misconduct, or if § 3.379. Regulatory Flexibility Act evidence establishes that a supervening, 38 CFR 3.813 nonservice-related condition or event is The Secretary hereby certifies that Currently, 38 CFR 3.813 provides for more likely the cause of the disease. We this proposed regulatory amendment interim benefits for disability/death due propose to also state that service will not have a significant economic to chloracne or porphyria cutanea tarda. connection is barred if the disease is impact on a substantial number of small These provisions were established due to the veteran’s ‘‘abuse of alcohol or entities as they are defined in the pending a determination as to whether drugs.’’ This information may be Regulatory Flexibility Act, 5 U.S.C. 601– or not the conditions were related to relevant to readers and makes the 612. This proposed amendment would regulation consistent with § 5.266. herbicide exposure in the Republic of Vietnam. Subsequently, these not affect any small entities. Only The statutory authority for this rule individuals could be directly affected. continues to be Pub. L. 98–542 and 38 conditions were recognized as related to such herbicide exposure and the Therefore, pursuant to 5 U.S.C. 605(b), U.S.C. 501, the authority for current this proposed amendment is exempt § 3.311. Secretary revised the list of presumptive conditions listed in current § 3.309 to from the initial and final regulatory Summary and Explanation for include these two conditions. However, flexibility analysis requirements of Removals as noted in § 3.813(e), interim disability sections 603 and 604. 38 CFR 3.379 benefits were payable only for the Executive Order 12866 period October 1, 1984 through Current § 3.379 concerns service September 30, 1986. Because this This document has been reviewed by connection of the disease anterior regulation is no longer pertinent to the the Office of Management and Budget poliomyelitis. It states: adjudication of claims, we propose to under Executive Order 12866. If the first manifestations of acute anterior remove it from part 3. Unfunded Mandates poliomyelitis present themselves in a veteran within 35 days of termination of active Endnote Regarding Removals From Part The Unfunded Mandates Reform Act military service, it is probable that the 3 requires, at 2 U.S.C. 1532, that agencies infection occurred during service. If they first For the reasons shown in the prepare an assessment of anticipated appear after this period, it is probable that preceding supplementary information, costs and benefits before developing any the infection was incurred after service. the amendments proposed in this rule that may result in an expenditure We believe the need for § 3.379 is document would, if adopted, result in by State, local, or tribal governments, in eliminated by the operation of proposed removal of current §§ 3.307, 3.308, the aggregate, or by the private sector, of § 5.261 relating to the presumption of 3.309, 3.311, 3.316, 3.317, 3.379, and $100 million or more in any given year. service connection for chronic diseases. 3.813. This would be the case because This proposed amendment would have Congress identified ‘‘myelitis’’ as a those part 3 sections, or portions of no such effect on State, local, or tribal category of chronic diseases in 38 U.S.C. sections, would be replaced by new part governments, or the private sector. 1101(3). ‘‘Myelitis’’ is part of the 5 sections or they would be removed Catalog of Federal Domestic Assistance presumptive service connection entirely. Readers are invited to comment Numbers provisions under 38 CFR 3.309(a). both on these part 3 removals and on Anterior poliomyelitis, is a subcategory the proposed new part 5 rules at this The Catalog of Federal Domestic of ‘‘Myelitis’’. time. Assistance program numbers for this Pursuant to 38 U.S.C. 1112(a)(1), 38 NPRMs frequently include formal proposal are 64.100–102, 64.104–110, CFR 3.307(a) and § 3.309(a) provide a ‘‘amendatory language’’ listing the 64.115, and 64.127. presumption of service connection for sections, or portions of sections, that List of Subjects in 38 CFR Parts 3 and chronic diseases (including myelitis) would be removed if the proposed 5 manifested to a compensable degree amendments are adopted. However, we within one year of separation from have not included such ‘‘amendatory Administrative practice and service. According to 38 CFR 4.124a, the language’’ in this NPRM because of the procedure, Claims, Disability benefits, schedule of ratings for neurological nature of this Project. Because of the Health care, Pensions, Radioactive conditions and convulsive disorders, very large scope of the Project, we are materials, Veterans, Vietnam.

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Approved: April 20, 2004. need for additional evidence of the (i) Evidence establishes that the Anthony J. Principi, material fact(s) established by the disease or disability was caused by an Secretary of Veterans Affairs. presumption. Presumptions of service intervening or nonservice-related injury For the reasons set forth in the connection are set forth in §§ 5.261 or disease; or preamble, VA proposes to amend 38 through 5.268, and the general rules in (ii) Evidence establishes that the CFR chapter I as set forth below: this section apply to those sections, disease or injury was caused by the except as otherwise provided. veteran’s own willful misconduct (see PART 5—COMPENSATION, PENSION, (b) Diseases that must manifest within §§ 3.1(n) and 3.301(b)); or BURIAL, AND RELATED BENEFITS a specified period need not be (iii) Evidence establishes that the diagnosed within that period. (1) Certain disease or disability was not incurred in 1. Part 5, as proposed to be added at presumptions apply only when a service or, in the case of a preexisting 69 FR 4820, January 30, 2004, is further disease becomes manifest to a degree of disease, was not aggravated in service; amended by adding subpart E to read as 10 percent or more (as defined by the or follows: rating criteria in 38 CFR part 4, (iv) Evidence establishes that a cancer Subpart E—Claims for Service Connection Schedule for Rating Disabilities) within (for which service connection is claimed and Disability Compensation a prescribed time period, called the under § 5.262 or § 5.268) originated in ‘‘presumptive period.’’ This does not another area of the body and then Presumptions of Service Connection for mean that the disease must have spread to one of the specific areas listed Certain Disabilities, and Related Matters actually been diagnosed during that in § 5.262(e) or § 5.268(b). Sec. period. Symptoms shown during the (2) Any evidence competent to 5.260 General rules and definitions. presumptive period may reflect the indicate the time a disease existed or 5.261 Certain chronic diseases VA existence of a disease during that presumes are service connected. started may rebut a presumption of 5.262 Presumption of service connection for period. Therefore, a presumption of service connection that would otherwise diseases associated with exposure to service connection applies when the apply. For a discussion of the standards certain herbicide agents. evidence shows symptoms during the of proof for rebutting a presumption, see 5.263 [Reserved] presumptive period sufficient to support § 5.4(e). 5.264 Diseases VA presumes are service a finding that a later-diagnosed disease (Authority: 38 U.S.C. 501(a), 1112, 1113, connected in former prisoners of war. or disability was actually present to the 1137) 5.265 Tropical diseases VA presumes are required degree during the presumptive service connected. period. This includes instances where § 5.261 Certain chronic diseases VA 5.266 [Reserved] the principles of continuity of presumes are service connected. 5.267 Presumption of service connection for symptomatology in § 3.303(b) establish a (a) Eligibility. VA will presume conditions associated with full-body exposure to nitrogen mustard, sulfur link between symptoms during the service connection for a disease listed in mustard, or Lewisite. presumptive period and a subsequent paragraph (d) of this section, although diagnosis. It also includes instances not otherwise established as incurred or Service Connection for Diseases Due to where manifestations during the aggravated in service, if it first became Exposure to Ionizing Radiation presumptive period are followed by a manifest to a degree of 10 percent or 5.268 Service connection for diseases medical diagnosis within a reasonable more: presumed to be due to exposure to time. What constitutes a reasonable time (1) Within a year of separation from ionizing radiation. depends on the nature and course of the a qualifying period of service; or 5.269 Direct service connection for diseases disease and any other relevant factors. (2) Within such other time as associated with exposure to ionizing radiation. (Simply because a disease is far provided in paragraph (d) of this advanced when diagnosed does not section. Authority: 38 U.S.C. 501(a) and as noted in mean that it was at least 10 percent (b) Qualifying period of service. A specific sections. disabling during the presumptive qualifying period of service is: (1) A period of 90 days or more of Subpart E—Claims for Service period). active, continuous service that began Connection and Disability (2) Whether a disease became before December 31, 1946 and included Compensation manifest during a presumptive period may be established by medical service during a period of war; or Presumptions of Service Connection for evidence, competent lay evidence or (2) Any period of 90 days or more of Certain Disabilities, and Related both. Medical evidence should set forth active, continuous service after Matters the physical findings and December 31, 1946. symptomatology shown by examination (c) Service ending before December 7, § 5.260 General rules and definitions. within the presumptive period. Lay 1941. In claims based on service ending (a) The purpose of presumptions of evidence should describe the material before December 7, 1941, for the service connection. A presumption of and relevant facts as to the veteran’s purpose of determining whether a service connection establishes a disability observed within such period, chronic disease manifested within a material fact (or facts) necessary to not merely conclusions based upon presumptive period under this section, establish service connection, even when opinion. the date of separation from wartime there is no evidence that directly (c) Rebutting a presumption of service service will be the date of discharge or establishes that material fact (or facts). connection for a disease. VA cannot release during a war period, or if service Examples of material facts include grant service connection under this continued after the war, the end of the whether a disease or disability had its section when the presumption has been war period. onset during a veteran’s military service, rebutted by the evidence of record. (d) Diseases presumed service or whether a veteran was exposed to (1) Except as otherwise provided, the connected. VA will grant service certain herbicide agents during such presumption of service connection for a connection on a presumptive basis for service. The evidence must prove that disease will be rebutted when any one any chronic disease listed in this the presumption applies to the claimant, or more of the following conditions paragraph where a symptom becomes but after such a showing there is no occurs: manifest to a degree of disability of 10

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percent or more within the applicable clinical picture clearly shows the to a degree of 10 percent or more presumptive period for the disease. For condition was only acute, VA will disabling (as defined by the rating the purposes of this section, VA will consider whether an acute condition criteria in 38 CFR part 4, Schedule for consider the diseases listed in the table was an exacerbation of a chronic Rating Disabilities). However, VA will at the end of this paragraph to be disease. VA cannot apply the apply the presumption where there is chronic because of slow onset and presumption of service connection evidence that the disease existed prior persistent progress, even if they are when the evidence shows that the to entry into service to a degree of less initially diagnosed as acute. Unless the disease existed prior to military service than 10 percent disabling.

Disease must manifest to a degree of 10 per- cent or more within this period following either Disease discharge or release from service under para- graph (a) or end of the war period under para- graph (c) of this section

Anemia, primary ...... Within 1 year. Arteriosclerosis ...... Within 1 year. Arthritis ...... Within 1 year. Atrophy, progressive muscular ...... Within 1 year. Brain hemorrhage ...... Within 1 year. Brain thrombosis ...... Within 1 year. Bronchiectasis ...... Within 1 year. Calculi of the kidney, bladder, or gallbladder ...... Within 1 year. Cardiovascular-renal disease, including hypertension. See paragraph (e) of this section ...... Within 1 year. Cirrhosis of the liver ...... Within 1 year. Coccidioidomycosis ...... Within 1 year. Diabetes mellitus ...... Within 1 year. Encephalitis lethargica residuals ...... Within 1 year. Endocarditis (this term covers all forms of valvular heart disease) ...... Within 1 year. Endocrinopathies ...... Within 1 year. Epilepsies ...... Within 1 year. Hansen’s disease ...... Within 3 years. Hodgkin’s disease ...... Within 1 year. Leukemia (acute or chronic) ...... Within 1 year. Lupus erythematosus, systemic ...... Within 1 year. Multiple sclerosis ...... Within 7 years. Myasthenia gravis ...... Within 1 year. Myelitis ...... Within 1 year. Myocarditis ...... Within 1 year. Nephritis ...... Within 1 year. Organic diseases of the nervous system ...... Within 1 year. Osteitis deformans (Paget’s disease) ...... Within 1 year. Osteomalacia ...... Within 1 year. Palsy, bulbar ...... Within 1 year. Paralysis agitans ...... Within 1 year. Psychoses (see § 3.384 of this part) ...... Within 1 year. Purpura idiopathic, hemorrhagic ...... Within 1 year. Raynaud’s disease ...... Within 1 year. Sarcoidosis ...... Within 1 year. Scleroderma ...... Within 1 year. Sclerosis, amyotrophic lateral ...... Within 1 year. Syringomyelia ...... Within 1 year. Thromboangiitis obliterans (Buerger’s disease) ...... Within 1 year. Tuberculosis, active (see § 3.371 of this part) ...... Within 3 years. Tumors, malignant ...... Within 1 year. Tumors, of the brain or spinal cord or peripheral nerves ...... Within 1 year. Ulcers, peptic (gastric or duodenal) ...... Within 1 year.

(e) Cardiovascular-renal disease, (f) Hereditary disease. For the (Authority: 38 U.S.C. 501, 1101(3), 1112(a), including hypertension. The term purposes of granting service connection 1137) ‘‘cardiovascular-renal disease’’ applies of a chronic disease on a presumptive to combination involvement of basis, VA will presume that an inherited § 5.262 Presumption of service connection or familial disease listed in paragraph for diseases associated with exposure to arteriosclerosis, nephritis, and organic certain herbicide agents. heart disease. VA will consider (d) of this section was incurred in or hypertension which was 10 percent or aggravated by service, if the disease first (a) General—(1) Presumption of more disabling within the 1-year became manifest to a degree of 10 exposure. VA will presume that a presumptive period as a chronic percent or more within the applicable veteran who served in the Republic of disease. presumptive period following discharge Vietnam during the period beginning on or release from active military service. January 9, 1962, and ending on May 7,

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1975, was exposed to an herbicide percent or more within the time period under § 5.260(c) (general rule describing agent. VA will presume that the last described in paragraph (e) of this rebuttal of presumptions of service date on which such a veteran was section. connection). The presumption of exposed to an herbicide agent is the last (b) Definition of herbicide agent. For exposure applies unless evidence date on which that veteran served in the the purposes of this section, the term establishes that the veteran was not Republic of Vietnam during that period. ‘‘herbicide agent’’ means 2,4-D; 2,4,5-T exposed to an herbicide agent during For purposes of this section, ‘‘Service in and its contaminant TCDD; cacodylic active military service. the Republic of Vietnam’’ does not acid; or picloram. (e) Diseases presumed service include active military service in the (c) No minimum period of service connected. The following table lists the waters offshore and service in other required. Any period of active military diseases that VA will presume to be locations, but does include any such service involving presumed or service connected based on this section. service in which the veteran had duty established exposure to an herbicide VA will not apply the presumption of in or visited in the Republic of Vietnam, agent is sufficient for the purpose of service connection where the evidence which includes service on the inland establishing presumptive service shows that the disease existed prior to waterways. connection of a specified disease under active military service to a degree of 10 (2) Presumption of service connection. this section. percent or more disabling (as defined by VA will presume service connection (d) Rebutting the presumption of the rating criteria in 38 CFR part 4, where a veteran who was exposed to an exposure. Unlike the presumption of Schedule of Rating Disabilities). VA will herbicide agent during active military service connection described in apply the presumption where there is service is diagnosed with a disease paragraph (a)(2) of this section, the evidence that the disease existed prior listed in paragraph (e) of this section presumption of exposure under to entry into such service to a degree of that becomes manifest to a degree of 10 paragraph (a)(1) is not subject to rebuttal less than 10 percent disabling.

Disease must manifest to a degree of 10 percent Disease or more

Chloracne or other acneform disease consistent with chloracne ...... Within one year after the last day of exposure. Chronic lymphocytic leukemia ...... Any time after exposure. Hodgkin’s disease ...... Any time after exposure. Multiple myeloma ...... Any time after exposure. Non-Hodgkin’s lymphoma ...... Any time after exposure. Peripheral neuropathy, acute and subacute. 1 ...... Within 1 year after the last day of exposure. Porphyria cutanea tarda ...... Within 1 year after the last day of exposure. Prostate cancer ...... Any time after exposure. Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea) ...... Any time after exposure. Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or Any time after exposure. mesothelioma). 2 Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes) ...... Any time after exposure. 1 For purposes of this section, the term ‘‘acute and subacute peripheral neuropathy’’ means transient peripheral neuropathy that appears within weeks or months of exposure to an herbicide agent and resolves within two years of the date of onset. 2 The term ‘‘soft-tissue sarcoma’’ includes the following: Adult fibrosarcoma. Alveolar soft part sarcoma. Angiosarcoma (hemangiosarcoma and lymphangiosarcoma). Clear cell sarcoma of tendons and aponeuroses. Congenital and infantile fibrosarcoma. Dermatofibrosarcoma protuberans. Ectomesenchymoma. Epithelioid leiomyosarcoma (malignant leiomyoblastoma). Epithelioid sarcoma. Extraskeletal Ewing’s sarcoma. Leiomyosarcoma. Liposarcoma. Malignant fibrous histiocytoma. Malignant ganglioneuroma. Malignant giant cell tumor of tendon sheath. Malignant glomus tumor. Malignant granular cell tumor. Malignant hemangiopericytoma. Malignant mesenchymoma. Malignant schwannoma, including malignant schwannoma with rhabdomyoblastic differentiation (malignant Triton tumor), glandular and epithelioid malignant schwannomas. Proliferating (systemic) angioendotheliomatosis. Rhabdomyosarcoma. Synovial sarcoma (malignant synovioma).

(Authority: 38 U.S.C. 501(a), 1116) establishing presumptive service (1) Is a former POW under § 3.1(y); connection for a specified disease under and § 5.263 [Reserved] this section. There are certain (2) Is diagnosed as having a disease § 5.264 Diseases VA presumes are service requirements for the length of listed in paragraph (b) or (c) of this connected in former prisoners of war. internment as a prisoner of war (POW). section that first became manifest to a A veteran is eligible for the presumption degree of 10 percent or more at any time (a) Eligibility. Any period of active if the veteran: after discharge or release from active military service is sufficient for military service, even if there is no

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record of such disease during such (b) Qualifying period of service. A periods of tropical diseases in service. qualifying period of service is: determining whether the presumption (b) Diseases presumed service (1) A period of 90 days or more of of service connection has been rebutted. connected following any period of active, continuous service that began (Authority: 38 U.S.C. 1101(4), 1112(a)(2), internment. VA will presume service before December 31, 1946 and included 1137). connection for the following diseases if service during a period of war; or the criteria of paragraph (a) of this (2) Any period of 90 days or more of (f) Claims for service connection of section are met: active, continuous service after tropical diseases based on peacetime December 31, 1946. service before January 1, 1947. This Any of the anxiety disorders as listed in (c) Claims based on service ending paragraph applies to veterans with § 4.130, including post-traumatic stress before December 7, 1941. In claims disorder. peacetime service before January 1, based on service ending before 1947, who served 6 months or more. Dysthymic disorder (or depressive neurosis). December 7, 1941, for the purpose of The requirement of 6 months or more of Organic residuals of frostbite, if the determining whether a tropical disease service means active, continuous Secretary determines that the veteran was manifested within a presumptive period service, during one or more enlistment detained or interned in climatic conditions under this section, the date of periods. Any such veteran who consistent with the occurrence of frostbite. separation from wartime service will be develops a tropical disease listed in Post-traumatic osteoarthritis. the date of discharge or release during paragraph (d) of this section, or a Psychosis. a war period, or if service continued disorder or disease resulting from (c) Presumption of service connection after the war, the end of the war period. therapy administered in connection following not less than 30 days of (d) Tropical diseases presumed with a tropical disease or as a internment. VA will presume service service connected. VA will presume preventative, will be considered to have connection for the following diseases if service connection for the following incurred such disability in active the veteran was interned for 30 days or diseases if the criteria of paragraphs (a) military service if it is shown to exist to more and the criteria of paragraph (a) of through (c) of this section are met. For the degree of 10 percent or more: this section are met: any disease service connected under (1) Within 1 year after discharge or this section, VA will also service Beriberi. release from active military service; or connect the resultant disorders or Beriberi heart disease, including ischemic (2) At a time when accepted medical diseases originating because of therapy heart disease if localized edema experienced treatises indicate that the incubation administered in connection with such a during captivity. period commenced during active disease or as a preventative measure Chronic dysentery. military service unless shown by clear Cirrhosis of the liver. against such a disease. Helminthiasis. and unmistakable evidence that the Amebiasis. Irritable bowel syndrome. tropical disease was not contracted as Blackwater fever. the result of active military service. Nutritional deficiency, including Cholera. avitaminosis and malnutrition. Dracontiasis. (Authority: 38 U.S.C. 1133) Optic atrophy associated with Dysentery. malnutrition. Filariasis. § 5.266 [Reserved] Pellagra. Leishmaniasis, including kala-azar. Peptic ulcer disease. Loiasis. § 5.267 Presumption of service connection Peripheral neuropathy except where Malaria. for conditions associated with full-body directly related to infectious causes. Onchocerciasis. exposure to nitrogen mustard, sulfur (Authority: 38 U.S.C. 1112) Oroya fever. mustard, or Lewisite. Pinta. § 5.265 Tropical diseases VA presumes Plague. (a) VA will presume service are service connected. Schistosomiasis. connection for a disease or disability (a) Eligibility. VA will presume Yaws. when the evidence of record establishes service connection for any disease listed Yellow fever. that the veteran: in paragraph (d) of this section, (e) Rebuttal of presumption. The fact (1) Underwent full-body exposure to although not otherwise established as that the veteran had no active military nitrogen mustard, sulfur mustard, or incurred in or aggravated by service, if service in a locality having a high Lewisite during active military service; it first became manifest to a degree of 10 incidence of the disease may be and percent or more: considered evidence to rebut the (2) Subsequently developed a (1) Within 1 year from separation presumption. Residence during the condition associated with that specific from a qualifying period of service; or applicable presumptive period in a agent, as shown in paragraph (b) of this (2) Within a period that indicates region where the particular disease is section. (based on accepted medical treatises) endemic may also be considered (b) List of conditions associated with that the incubation period began during evidence to rebut the presumption. VA full-body exposure to nitrogen mustard, such service. will consider the known incubation sulfur mustard, or Lewisite.

Associated Disease or disability Associated with nitrogen Associated with sulfur with mustard? mustard? Lewisite?

Acute nonlymphocytic leukemia ...... Yes ...... No ...... No. Asthma ...... Yes ...... Yes ...... Yes. Chronic bronchitis ...... Yes ...... Yes ...... Yes. Chronic conjunctivitis ...... Yes ...... Yes ...... No. Chronic laryngitis ...... Yes ...... Yes ...... Yes. Chronic obstructive pulmonary disease ...... Yes ...... Yes ...... Yes. Corneal opacities ...... Yes ...... Yes ...... No.

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Associated Disease or disability Associated with nitrogen Associated with sulfur with mustard? mustard? Lewisite?

Emphysema ...... Yes ...... Yes ...... Yes. Keratitis ...... Yes ...... Yes ...... No. Laryngeal cancer ...... Yes ...... Yes ...... No. Lung cancer (except mesothelioma) ...... Yes ...... Yes ...... No. Nasopharyngeal cancer ...... Yes ...... Yes ...... No. Scar formation ...... Yes ...... Yes ...... No. Squamous cell carcinoma of the skin ...... Yes ...... Yes...... No.

(Authority: 38 U.S.C. 501(a)) at the test site, or performance of official 150 miles of the city limits of Nagasaki; military duties in connection with or Service Connection for Diseases Due to ships, aircraft or other equipment used (ii) Can affirmatively show that they Exposure to Ionizing Radiation in direct support of the nuclear test. worked within the areas set forth in (ii) During the six month period paragraph (c)(3)(i) of this section § 5.268 Service connection for diseases following the official operational period although not interned within those presumed to be due to exposure to ionizing areas; or radiation. of a nuclear test, presence at the test site or other test staging area to perform (iii) Immediately following (a) Eligibility. This section applies to official military duties in connection internment, performed official military a ‘‘radiation-exposed veteran,’’ who is with completion of projects related to duties described in paragraph (c)(2) of any individual who, while serving on the nuclear test including this section; or active duty or as a member of a reserve decontamination of equipment used (iv) Were repatriated through the port component of the Armed Forces during during the nuclear test. of Nagasaki. a period of active duty for training or (iii) Service as a member of the (4) Service in which the veteran was, inactive duty training, participated in a garrison or maintenance forces on as part of his or her official military radiation-risk activity. Eniwetok during the periods June 21, duties, present during a total of at least (b) Diseases presumed service 250 days before February 1, 1992, on the connected. VA will presume service 1951 through July 1, 1952; August 7, 1956 through August 7, 1957; or grounds of a gaseous diffusion plant connection under this section for the located in Paducah, Kentucky, following diseases becoming manifest in November 1, 1958 through April 30, 1959. Portsmouth, Ohio, or the area identified a radiation-exposed veteran at any time as K25 at Oak Ridge, Tennessee, if, after service. (iv) Assignment to official military duties at Naval Shipyards involving the during such service the veteran: Bronchiolo-alveolar carcinoma. decontamination of ships that (i) Was monitored for each of the 250 Cancer of the bile ducts. participated in Operation Crossroads. days of such service through the use of Cancer of the bone. dosimetry badges for radiation exposure Cancer of the brain. (2) Service during the occupation of Cancer of the breast. Hiroshima or Nagasaki, Japan, by United at the plant to the external parts of the Cancer of the colon. States forces during the period veteran’s body; or Cancer of the esophagus. beginning on August 6, 1945, and (ii) Served for each of the 250 days of Cancer of the gall bladder. ending on July 1, 1946. This includes such service in a position that had Cancer of the lung. official military duties within 10 miles exposures comparable to a job that is or Cancer of the ovary. of the city limits of either Hiroshima or was monitored through the use of Cancer of the pancreas. dosimetry badges. Cancer of the pharynx. Nagasaki, Japan, which were required to Cancer of the salivary gland. perform or support military occupation Note to paragraph (c)(4): For the purposes Cancer of the small intestine. functions such as occupation of of this paragraph (paragraph (c)(4)), the term Cancer of the stomach. territory, control of the population, ‘‘day’’ refers to all or any portion of a Cancer of the thyroid. stabilization of the government, calendar day. Cancer of the urinary tract (for the demilitarization of the Japanese (5) Service before January 1, 1974, on purposes of this section, the term ‘‘urinary military, rehabilitation of the Amchitka Island, Alaska, if, during such tract’’ means the kidneys, renal pelves, infrastructure or deactivation and ureters, urinary bladder, and urethra). service, the veteran was exposed to Leukemia (other than chronic lymphocytic conversion of war plants or materials. ionizing radiation in the performance of leukemia). (3) Internment as a prisoner of war in duty related to the Long Shot, Milrow, Lymphomas (except Hodgkin’s disease). Japan (or service on active duty in Japan or Cannikin underground nuclear tests. Multiple myeloma. immediately following such internment) (d) Atmospheric detonation. For the Primary liver cancer (except if cirrhosis or during World War II that resulted in an purposes of this section, the term hepatitis B is indicated). opportunity for exposure to ionizing ‘‘atmospheric detonation’’ includes (c) Radiation-risk activity. For the radiation comparable to that of the underwater nuclear detonations. purposes of this section, ‘‘radiation-risk United States occupation forces in (e) Operational period. For the activity’’ means: Hiroshima or Nagasaki, Japan, during purposes of this section, for tests (1) Onsite participation in a test the period beginning on August 6, 1945, conducted by the United States, the involving the atmospheric detonation of and ending on July 1, 1946. This term ‘‘operational period’’ means: a nuclear device. For purposes of this includes former prisoners of war who at (1) For Operation TRINITY the period section, ‘‘onsite participation’’ means: any time during the period August 6, July 16, 1945 through August 6, 1945. (i) During the official operational 1945, through July 1, 1946: (2) For Operation CROSSROADS the period of a nuclear test, (defined in (i) Were interned within 75 miles of period July 1, 1946 through August 31, paragraph (e) of this section), presence the city limits of Hiroshima or within 1946.

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(3) For Operation SANDSTONE the (14) For Operation PLUMBBOB the radiation cannot be granted using the period April 15, 1948 through May 20, period May 28, 1957 through presumption of service connection 1948. October 22, 1957. under § 5.268. Under this section, if: (4) For Operation RANGER the period (15) For Operation HARDTACK I the (1) The veteran was exposed to January 27, 1951 through February 6, period April 28, 1958 through October ionizing radiation as a result of 1951. 31, 1958. participation in the atmospheric testing (5) For Operation GREENHOUSE the (16) For Operation ARGUS the period of nuclear weapons, the occupation of period April 8, 1951 through August 27, 1958 through September 10, Hiroshima or Nagasaki, Japan, from June 20, 1951. 1958. September 1945 until July 1946 or any (6) For Operation BUSTER–JANGLE (17) For Operation HARDTACK II the other claimed in-service event; the period October 22, 1951 through period September 19, 1958 through October 31, 1958. (2) The veteran subsequently December 20, 1951. developed a radiogenic disease; and (7) For Operation TUMBLER– (18) For Operation DOMINIC I the SNAPPER the period April 1, 1952 period April 25, 1962 through December (3) Such disease first became manifest through June 20, 1952. 31, 1962. within the period specified in paragraph (8) For Operation IVY the period (19) For Operation DOMINIC II/ (b) of this section, then the VA agency November 1, 1952 through PLOWSHARE the period July 6, 1962 of original jurisdiction will refer the December 31, 1952. through August 15, 1962. claim, before adjudication, to the Under Secretary for Benefits for further (9) For Operation UPSHOT– Note to § 5.268: If this section does not KNOTHOLE the period March 17, 1953 consideration in accordance with apply in a particular case, VA will consider paragraph (d) of this section. If any of through June 20, 1953. service connection under § 5.269. the requirements of this paragraph have (10) For Operation CASTLE the period (Authority: 38 U.S.C. 1112(c), 1137) March 1, 1954 through May 31, 1954. not been met, service connection will (11) For Operation TEAPOT the § 5.269 Direct service connection for not be granted under this section. period February 18, 1955 through June diseases associated with exposure to (b) Radiogenic disease. For the 10, 1955. ionizing radiation. purposes of this section, ‘‘radiogenic (12) For Operation WIGWAM the (a) General. This section does not disease’’ means a disease that may be period May 14, 1955 through May 15, establish a presumption of service induced by ionizing radiation. 1955. connection. It establishes standards and (1) Listed diseases. The following (13) For Operation REDWING the procedures VA will apply when a claim table lists diseases that VA will consider period May 5, 1956 through August 6, for service connection for a disease radiogenic when they manifest within 1956. based on in-service exposure to ionizing the associated manifestation period.

Disease Manifestation period

Bone cancer ...... Within 30 years after exposure. Cancer (any other not listed) ...... 5 years or more after last exposure. Leukemia (all forms except chronic lymphatic (lymphocytic)) ...... At any time after exposure. Lymphomas other than Hodgkin’s disease ...... 5 years or more after last exposure. Non-malignant thyroid nodular disease ...... 5 years or more after last exposure. Parathyroid adenoma ...... 5 years or more after last exposure. Posterior subcapsular cataracts ...... 6 months or more after exposure. Tumors of the brain and central nervous system ...... 5 years or more after last exposure.

(2) Polycythemia vera. Public Law 98– evidence that the claimed condition is will be requested from the appropriate 542 requires VA to determine whether a radiogenic disease. office of the Department of Defense. sound medical and scientific evidence (c) Development of dose data by a VA (iii) Other exposure claims. In all supports establishing a rule identifying agency of original jurisdiction. (1) In all other claims involving ionizing polycythemia vera as a radiogenic claims for service connection based on radiation exposure, a request will be disease. VA has determined that sound a radiogenic disease under this section, made for any available records medical and scientific evidence does VA will request dose data to determine concerning the veteran’s exposure to not establish that polycythemia vera is the likelihood that in-service ionizing ionizing radiation. These records a radiogenic diseases under this radiation exposure caused the veteran’s normally include, but are not limited to, regulation. Even so, VA will consider a disease. The agency of original the veteran’s Record of Occupational claim based on the assertion that jurisdiction will request dose data as Exposure to Ionizing Radiation (DD polycythemia vera is a radiogenic follows: Form 1141), if maintained; service medical records; dose records from the disease under the provisions of (i) Atmospheric nuclear weapons test paragraph (b)(3) of this section. radiation dosimetry office of the specific participation claims. In all claims based military service; and other records (3) Other diseases. If a claimant upon participation in atmospheric which may contain information claims compensation for a disease based nuclear testing, dose data will be pertaining to the veteran’s ionizing on ionizing radiation exposure and that requested from the appropriate office of radiation dose in service. All such disease is other than one of those listed the Department of Defense. records will be forwarded to the Under in paragraph (b)(1) of this section, VA (ii) Hiroshima and Nagasaki Secretary for Health, who will be will consider the claim under the occupation claims. In all claims based responsible for preparation of a dose provisions of this section provided that on participation in the American estimate, to the extent feasible, based on the claimant has cited or submitted occupation of Hiroshima or Nagasaki, available methodologies. As used in this competent scientific or medical Japan, prior to July 1, 1946, dose data section, ‘‘the Under Secretary for

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Health’’ includes his or her designees. If this section, the Under Secretary for dosimetry devices employed in its neither the Department of Defense nor Health will also be responsible for measurement or the methodologies any other source provides VA with reviewing any records obtained as a employed in its estimation; records adequate to permit the Under result of the development procedures in (ii) The relative sensitivity of the Secretary to prepare a dose estimate, that paragraph and preparing a dose involved tissue to induction, by ionizing then VA will ask the Department of estimate, to the extent feasible, based on radiation, of the specific pathology; Defense to provide a dose estimate. available methodologies. (iii) The veteran’s gender and (2) When dose estimates obtained (2) Prior to referral to the Under pertinent family history; under paragraph (c)(1) of this section are Secretary for Health, the Under (iv) The veteran’s age at time of reported as a range of doses to which a Secretary for Benefits will reconcile any exposure; veteran may have been exposed, VA material difference between dose data (v) The time-lapse between exposure will presume exposure at the highest obtained through the development and onset of the disease; and level of the range reported. process in paragraph (c)(1) of this (vi) The extent to which exposure to (3) Neither the veteran nor the section and dose data submitted by or ionizing radiation, or other carcinogens, veteran’s survivors may be required to on behalf of the claimant. outside of service may have contributed produce evidence substantiating (i) The Under Secretary for Benefits to development of the disease. exposure if the information in the will request an opinion from an (2) For purposes of paragraph (e)(1) of veteran’s service records or other independent expert when it is necessary this section, the term ‘‘sound scientific records maintained by the Department to reconcile a material difference evidence’’ means observations, findings, of Defense is consistent with the claim between dose data from a credible or conclusions that are statistically and that the veteran was present where and source submitted by or on behalf of a epidemiologically valid, are statistically when the claimed exposure occurred. claimant and dose data derived from significant, are capable of replication, (4) Presence at a nuclear site. For official military records. The Director of and are capable of withstanding peer purposes of paragraph (c)(1)(i) the National Institutes of Health is review. The term ‘‘sound medical (Atmospheric nuclear weapons test responsible for selecting the evidence’’ means observations, findings, participation) and paragraph (c)(1)(ii) independent expert. The estimates and or conclusions that are consistent with (Hiroshima and Nagasaki occupation), if supporting documentation of record current medical knowledge and are so military records do not establish will be forwarded to the independent reasonable and logical as to serve as the presence at or absence from a site at expert who will prepare a separate basis of management of a medical which exposure to ionizing radiation is radiation dose estimate for condition. claimed to have occurred, VA will consideration in adjudicating the claim. (3) If the Under Secretary for Benefits concede the veteran’s presence at the For purposes of this paragraph: determines there is no reasonable site. Conceding presence under this (A) The difference between the possibility that the veteran’s disease section does not confer entitlement to claimant’s estimate and dose data resulted from ionizing radiation the presumptive provisions of § 5.268. derived from official military records exposure in service, the agency of (5) Submission to the Under Secretary shall ordinarily be considered material original jurisdiction will be informed in for Benefits. After the development in if one estimate is at least double the writing, setting forth the rationale for paragraphs (c)(1) through (c)(4) has been other estimate. this conclusion. completed, the agency of original (B) A dose estimate shall be (4) The Under Secretary for Benefits jurisdiction will forward dose data and considered from a ‘‘credible source’’ if will request an opinion from an outside any other evidence, along with the prepared by a person or persons consultant when, after review of all the veteran’s claims file, to the Under certified by an appropriate professional evidence, including the opinion of the Secretary for Benefits for review. The body in the field of health physics, Under Secretary for Health, the Under claims file will not be submitted for nuclear medicine or radiology and if Secretary for Benefits is unable to review when development establishes based on analysis of the facts and determine whether it is at least as likely that the claimed disability or disease is circumstances of the particular claim. as not, or whether there is no reasonable not radiogenic (as provided in (ii) [Reserved] possibility, that the veteran’s disease paragraphs (b)(1) through (b)(3) of this (e) Opinion of the Under Secretary for resulted from ionizing radiation part), that the disease did not become Benefits. (1) Upon receipt of a medical exposure in service. The consultant will manifest during the time period opinion by the Under Secretary for be selected by the Under Secretary for specified in paragraph (b)(1), or that the Health, the Under Secretary for Benefits Health from outside the VA, upon veteran was either not exposed to will review it, along with all the recommendation of the Director of the ionizing radiation in active military evidence of record. If the Under National Cancer Institute. The written service as claimed or that the actual or Secretary for Benefits is convinced that request to the consultant will include estimated dose exposure was reported to sound scientific and medical evidence copies of pertinent medical records and, be zero rem gamma. In such cases, the supports the determination that it is at where available, dose assessments from agency of original jurisdiction will least as likely as not that the veteran’s official sources, credible sources and decide the claim based on general disease resulted from ionizing radiation independent experts. The request will principles of service connection. in service, the agency of original identify the following: (d) Review and action by the Under jurisdiction will be informed of this (i) The disease, including the specific Secretary for Benefits. (1) The Under determination in writing. The Under cell type and stage, if known, and when Secretary for Benefits will review all the Secretary for Benefits will set forth the the disease first became manifest; evidence of record and may request an rationale for the determination, (ii) The circumstances, including advisory medical opinion from the including an evaluation of the claim date, of the veteran’s exposure; appropriate office of the Under based on the following factors: (iii) The veteran’s age, gender, and Secretary for Health as to whether the (i) The probable dose, in terms of dose pertinent family history; veteran’s disease resulted from exposure type, rate, and duration as a factor in (iv) The veteran’s history of exposure to ionizing radiation in service. In inducing the disease, taking into to known carcinogens, occupationally or claims subject to paragraph (c)(1)(iii) of account any known limitations in the otherwise;

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(v) Evidence of any other effects § 5.263 Presumption of service connection Management District portion of the ionizing radiation exposure may have for non-Hodgkin’s lymphoma based on California State Implementation Plan had on the veteran; and service in Vietnam. (SIP). These revisions concern volatile (vi) Any other information relevant to * * * * * organic compound (VOC) emissions determination of causation of the 5. Section 3.317 is redesignated as from solvent cleaning operations. We veteran’s disease. § 5.266. are proposing to approve a local rule to (5) The consultant will evaluate the 6. Newly designated § 5.266 is regulate these emission sources under claim based on the factors specified in amended by: the Clean Air Act as amended in 1990 paragraph (e)(1) of this section. The a. In paragraph (a)(1)(i), removing (CAA or the Act). consultant will provide his or her ‘‘military, naval, or air service’’ and adding, in its place ‘‘military service’’; DATES: Any comments on this proposal opinion in writing and state whether it must arrive by August 26, 2004. is either likely, unlikely, or at least as b. In paragraph (a)(5), removing ‘‘part likely as not that the veteran’s disease 4 of this chapter’’ and adding, in its ADDRESSES: Send comments to Andy resulted from exposure to ionizing place, ‘‘38 CFR part 4, Schedule for Steckel, Rulemaking Office Chief (AIR– radiation in service. The rationale Rating Disabilities’’; 4), U.S. Environmental Protection c. Revising paragraph (b); supporting the opinion is required. Agency, Region IX, 75 Hawthorne d. In paragraph (c), removing (6) The consultant will send the Street, San Francisco, CA 94105–3901, ‘‘affirmative’’ each time it appears; and or e-mail to [email protected], or opinion to the Under Secretary for by removing ‘‘military, naval, or air Benefits who will review it and transmit submit comments at http:// service’’ and adding, in its place www.regulations.gov. it with any comments to the agency of ‘‘military service’’; and original jurisdiction for use in e. In paragraph (d)(1), removing You can inspect copies of the adjudication of the claim. ‘‘military, naval, or air service’’ and submitted SIP revisions, EPA’s technical (f) Adjudication of claim. The agency adding, in its place ‘‘military service’’. support document (TSD), and public of original jurisdiction will adjudicate The revision reads as follows: comments at our Region IX office during the claim under the generally applicable normal business hours by appointment. provisions of this part, giving due § 5.266 Compensation for certain You may also see copies of the disabilities due to undiagnosed illnesses. consideration to all evidence of record, submitted SIP revisions by appointment including any opinions provided by the * * * * * at the following locations: Under Secretary for Benefits, the Under (b) For the purposes of paragraph Secretary for Health, or any outside (a)(1) of this section, signs or symptoms California Air Resources Board, consultants, and the evaluations which may be manifestations of Stationary Source Division, Rule published pursuant to 38 CFR 1.17, undiagnosed illness or medically Evaluation Section, 1001 ‘‘I’’ Street, ‘‘Evaluation of studies relating to health unexplained chronic multisymptom Sacramento, CA 95814. effects of dioxin and radiation illness include, but are not limited to: South Coast Air Quality Management exposure.’’ With regard to any issue Abnormal weight loss. District, 21865 East Copley Drive, material to consideration of a claim, the Cardiovascular signs or symptoms. Diamond Bar, CA 91765. provisions of § 3.102 of this title apply Fatigue. (any reasonable doubt on any issue will Gastrointestinal signs or symptoms. A copy of the rule may also be be resolved in favor of the claimant). Headache. available via the Internet at http:// www.arb.ca.gov/drdb/drdbltxt.htm. (g) Willful misconduct and Joint pain. Menstrual disorders. Please be advised that this is not an EPA supervening cause in claims based on Muscle pain. website and may not contain the same exposure to ionizing radiation. In no Neurologic signs and symptoms. version of the rule that was submitted case will service connection be Neuropsychological signs or symptoms. to EPA. established if the disease is due to the Signs or symptoms involving the veteran’s own willful misconduct or the respiratory system (upper or lower). FOR FURTHER INFORMATION CONTACT: abuse of alcohol or drugs, or if evidence Signs or symptoms involving skin. Francisco Do´n˜ ez, EPA Region IX, (415) establishes that a supervening, Sleep disturbances. 972–3956, [email protected]. nonservice-related condition or event is * * * * * SUPPLEMENTARY INFORMATION: This more likely the cause of the disease. [FR Doc. 04–16758 Filed 7–26–04; 8:45 am] proposal addresses the following local (Authority: 38 U.S.C. 501; Pub. L. 98–542) BILLING CODE 8320–01–P rule: SCAQMD 1171. In the Rules and Regulations section of this Federal PART 3—ADJUDICATION Register, we are approving this local ENVIRONMENTAL PROTECTION 2. The authority citation of part 3, rule in a direct final action without AGENCY subpart A, continues to read as follows: prior proposal because we believe these SIP revisions are not controversial. If we Authority: 38 U.S.C. 501(a), unless 40 CFR Part 52 receive adverse comments, however, we otherwise noted. [CA 298–0459b; FRL–7784–2] will publish a timely withdrawal of the 3. Section 3.313 is redesignated as direct final rule and address the § 5.263. Revisions to the California State comments in subsequent action based 4. Newly designated § 5.263 is Implementation Plan, South Coast Air on this proposed rule. Quality Management District amended by: We do not plan to open a second a. Revising the section heading; and AGENCY: Environmental Protection comment period, so anyone interested b. In paragraph (a), removing ‘‘Service Agency (EPA). in commenting should do so at this in Vietnam includes’’ and adding, in its ACTION: Proposed rule. time. If we do not receive adverse place, ‘‘For purposes of this section, comments, no further activity is service in Vietnam includes’’. SUMMARY: EPA is proposing to approve planned. For further information, please The revision reads as follows: revisions to the South Coast Air Quality see the direct final action.

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Dated: June 17, 2004. SUPPLEMENTARY INFORMATION: In the National Flood Insurance Program Nancy Lindsay, Final Rules section of this Federal (NFIP). Acting Regional Administrator, Region IX. Register, the EPA is approving the DATES: The comment period is ninety [FR Doc. 04–16711 Filed 7–26–04; 8:45 am] State’s SIP submittal as a direct final (90) days following the second BILLING CODE 6560–50–P rule without prior proposal because the publication of this proposed rule in a Agency views this as a noncontroversial newspaper of local circulation in each submittal and anticipates no adverse community. ENVIRONMENTAL PROTECTION comments. If no adverse comments are ADDRESSES: The proposed BFEs for each AGENCY received in response to this action, no further activity is contemplated. community are available for inspection 40 CFR Parts 52 and 81 If the EPA receives adverse at the office of the Chief Executive Officer of each community. The [Docket–AK–04–002b; FRL–7792–4] comments, the direct final rule will be withdrawn and all public comments respective addresses are listed in the table below. Approval and Promulgation of State received will be addressed in a FOR FURTHER INFORMATION CONTACT: Implementation Plans: State of Alaska; subsequent final rule based on this Doug Bellomo, P.E. Hazard Fairbanks Carbon Monoxide proposed rule. The EPA will not Identification Section, Emergency Nonattainment Area; Designation of institute a second comment period. Any Preparedness and Response Directorate, Areas for Air Quality Planning parties interested in commenting on this Federal Emergency Management Purposes action should do so at this time. Please note that if we receive adverse comment Agency, 500 C Street, SW., Washington, AGENCY: Environmental Protection on an amendment, paragraph, or section DC 20472, (202) 646–2903. Agency (EPA). of this rule and if that provision may be SUPPLEMENTARY INFORMATION: FEMA ACTION: Proposed rule. severed from the remainder of the rule, proposes to make determinations of we may adopt as final those provisions BFEs and modified BFEs for each SUMMARY: On June 21, 2004, the State of of the rule that are not the subject of an community listed below, in accordance Alaska submitted a carbon monoxide adverse comment. with Section 110 of the Flood Disaster (CO) maintenance plan for the Fairbanks For additional information, see the Protection Act of 1973, 42 U.S.C. 4104, CO nonattainment area to EPA for Direct Final rule which is located in the and 44 CFR 67.4(a). approval. The State concurrently Rules section of this Federal Register. These proposed BFEs and modified requested that EPA redesignate the BFEs, together with the floodplain Fairbanks CO nonattainment area to Dated: July 19, 2004. management criteria required by 44 CFR attainment for the National Ambient Air L. John Iani, 60.3, are the minimum that are required. Quality Standard (NAAQS) for CO. In Regional Administrator, Region 10. They should not be construed to mean this action, EPA is proposing approval [FR Doc. 04–17061 Filed 7–26–04; 8:45 am] that the community must change any of the maintenance plan and BILLING CODE 6560–50–P existing ordinances that are more redesignation of the Anchorage CO stringent in their floodplain nonattainment area to attainment. management requirements. The community may at any time enact DATES: Written comments must be DEPARTMENT OF HOMELAND received by August 26, 2004. stricter requirements of its own, or SECURITY pursuant to policies established by other ADDRESSES: Comments may be mailed to Federal, State, or regional entities. Federal Emergency Management Connie L. Robinson, Environmental These proposed elevations are used to Agency Protection Agency, Office of Air, Waste meet the floodplain management and Toxics (OAQ–107), EPA Region 10, requirements of the NFIP and are also 44 CFR Part 67 1200 Sixth Ave., Seattle, Washington used to calculate the appropriate flood 98101. Comments may also be [Docket No. FEMA–B–7447] insurance premium rates for new submitted electronically or through buildings built after these elevations are hand delivery/courier. Please follow the made final, and for the contents in these detailed instructions in the Addresses Proposed Flood Elevation Determinations buildings. section of the Direct Final Rule which National Environmental Policy Act. is located in the Rules section of this AGENCY: Federal Emergency This proposed rule is categorically Federal Register. To submit comments, Management Agency (FEMA), excluded from the requirements of 44 please follow the detailed instructions Emergency Preparedness and Response CFR Part 10, Environmental described in the Direct Final Rule, Directorate, Department of Homeland Consideration. No environmental SUPPLEMENTARY INFORMATION section, Security. impact assessment has been prepared. Part I, General Information. ACTION: Proposed rule. Regulatory Flexibility Act. The Copies of the documents relevant to Mitigation Division Director of the this action are available for public SUMMARY: Technical information or Emergency Preparedness and Response inspection between 8 a.m. and 4 p.m., comments are requested on the Directorate certifies that this proposed Monday through Friday at the following proposed Base (1% annual-chance) rule is exempt from the requirements of office: United States Environmental Flood Elevations (BFEs) and proposed the Regulatory Flexibility Act because Protection Agency, Region 10, Office of BFE modifications for the communities proposed or modified BFEs are required Air, Waste and Toxics, 1200 Sixth Ave., listed below. The BFEs and modified by the Flood Disaster Protection Act of Seattle, WA 98101. BFEs are the basis for the floodplain 1973, 42 U.S.C. 4104, and are required FOR FURTHER INFORMATION CONTACT: management measures that the to establish and maintain community Connie L. Robinson, EPA, Region 10, community is required either to adopt eligibility in the NFIP. No regulatory Office of Air, Waste, and Toxics (OAQ– or to show evidence of being already in flexibility analysis has been prepared. 107), Seattle, Washington, (206) 553– effect in order to qualify or remain Regulatory Classification. This 1086. qualified for participation in the proposed rule is not a significant

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regulatory action under the criteria of applicable standards of Section 2(b)(2) PART 67—[AMENDED] Section 3(f) of Executive Order 12866 of of Executive Order 12778. September 30, 1993, Regulatory 1. The authority citation for Part 67 List of Subjects in 44 CFR Part 67 Planning and Review, 58 FR 51735. continues to read as follows: Executive Order 12612, Federalism. Administrative practice and Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, This proposed rule involves no policies procedure, Flood insurance, Reporting 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, that have federalism implications under and recordkeeping requirements. 3 CFR, 1979 Comp., p. 376. Executive Order 12612, Federalism, Accordingly, 44 CFR Part 67 is § 67.4 [Amended] dated October 26, 1987. proposed to be amended as follows: Executive Order 12778, Civil Justice 2. The tables published under the authority of § 67.4 are proposed to be Reform. This proposed rule meets the amended as follows:

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

California ...... Plumas County ...... Boyle Ravine ...... Confluence with Nugget Creek ...... None +3,409 Approximately 625 feet upstream of Alder None +3,545 Street. Chandler Creek ...... Confluence with Greenhorn Creek ...... None +4,434 Approximately 320 feet upstream of None +3,464 Chandler Road. Clear Stream ...... Confluence with Spanish Creek ...... None +3,404 Approximately 2,200 feet upstream of None +3,427 conflunce of Gansner Creek. Gasner Creek ...... Confluence with Clear Stream ...... None +3,423 Approximately 740 feet upstream of None +3,497 Bucks Lake Road. Greenhorn Creek ...... Confluence with Spanish Creek ...... None +3,401 Approximately 1,950 feet upstream of None +3,494 Highway 89/70. Mill Creek ...... Confluence with Spanish Creek ...... None +3,401 Approximately 2,500 feet upstream of None +3,555 Highway 89/70. Nugget Creek ...... Confluence with Mill Creek ...... None +3,402 Approximately 200 feet upstream of Nug- None +3,455 get Lane. Spanish Creek ...... At Oakland Camp Road ...... None +3,392 Approximately 11,700 feet upstream of None +3,452 Highway 89/70. Taylor Creek ...... Confluence with Greenhorn Creek ...... None +3,446 Approximately 300 feet upstream of None +3,491 Chandler Road. Thompson Creek ...... Confluence with Greenhorn Creek ...... None +3,454 Approximately 3,400 feet upstream of None +3,548 confluence with Thompson Creek Splitflow. Thompson Creek Splitflow Confluence with Thompson Creek ...... None +3,488 Approximately 2,600 feet upstream of None +3,493 confluence with Thompson Creek. Unnamed ...... Confluence with Boyle Ravine ...... None +3,410 Tributary to Boyle Ravine Approximately 150 feet upstream of High- None +3,417 way 89/70. Wolf Creek ...... Approximately 4,500 feet downstream of None +3,534 Greenville Park Road Bridge. Approximately 2 miles upstream of Main None +3,640 Street Bridge. + North American Vertical Datum

Maps are available for inspection at the Plumas County Planning Department, 520 Main Street, Room 21, Quincy, California 95971. Send comments to The Honorable Kenneth Nelson, Chairman, Plumas County Board of Supervisors, 520 Main Street, Room 121, Quincy, Cali- fornia 95971. Oregon ...... Durham (City), ...... Fanno Creek ...... At confluence with the Tualatin River ...... *126 *125

Washington County At Burlington Northern Railroad ...... *126 *125 Tualatin River ...... At Interstate Highway 5 ...... *123 *123 At Burlington Northern Railroad (Just up- *126 *125 stream of confluence with Fanno Creek).

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

*Elevation in feet

Maps are available for inspection at City Hall, 17160 Southwest Upper Boones Ferry Road, Durham, Oregon 97281. Send comments to The Honorable Gerry Schirado, Mayor, City of Durham, P.O. Box 23483, Durham, Oregon 97281.

Oregon ...... Tigard (City), ...... Ash Creek ...... Confluence with Fanno Creek ...... *160 *160 Just upstream of Oak Street ...... *169 *170 Washington County Fanno Creek ...... At Burlington Northern Railroad ...... *126 *126 At Southwest Scholls Ferry Road ...... *162 *164 Summer Creek ...... At confluence with Fanno Creek ...... *157 *158 Just upstream of 135th Avenue ...... *175 *176 Tualatin River ...... At confluence with Fanno Creek ...... *126 *125 Approximately 1.6 miles upstream of con- *127 *127 fluence with Fanno Creek. *Elevation in feet

Maps are available for inspection at the Engineering Department, City Hall, 13125 Southwest Hall Boulevard, Tigard, Oregon 97223. Send comments to The Honorable James Griffith, Mayor, City of Tigard, 13125 Southwest Hall Boulevard, Tigard, Oregon 97223.

Oregon ...... Beaverton (City), ... Fanno Creek ...... Just upstream of Southwest Scholls Ferry *163 *165 Road. Washington County Approximately 850 feet upstream of *196 *198 Southwest Scholls Ferry Road. *Elevation in feet

Maps are available for inspection at the Community Development Department, City Hall, 4755 Southwest Griffith Drive, Beaverton, Oregon 97076. Send comments to The Honorable Rob Drake, Mayor, City of Beaverton, P.O. Box 4755, Beaverton, Oregon 97076.

Oregon ...... Washington County Ash Creek ...... Just upstream of Southwest Hall Boule- *170 *171 vard. Just upstream of Hemlock Street ...... *181 *181 Fanno Creek ...... Just upstream of Scholls Ferry Road ...... *193 *197 Approximately 200 feet upstream of Bea- *244 *243 verton-Hillsdale Highway. *Elevation in feet

Maps are available for inspection at the Department of Land Use and Transportation, 155 North First Avenue, Suite 350, MS 12, Hillsboro, Oregon 97124. Send comments to The Honorable Tom Brian, Chairman, Washington County Board of Commissioners, 155 North First Avenue, Suite 300, Hillsboro, Oregon 97124.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF COMMERCE ACTION: Proposed rule; request for 83.100, ‘‘Flood Insurance.’’) comments. Dated: July 20, 2004. National Oceanic and Atmospheric Administration SUMMARY: NMFS issues a proposed rule David I. Maurstad, that would implement Amendment 48 Acting Director, Mitigation Division, 50 CFR Part 679 to the Fishery Management Plan (FMP) Emergency Preparedness and Response for Groundfish of the Gulf of Alaska Directorate. [Docket No. 040713206–4206–01; I.D. (GOA) and Amendment 48 to the FMP [FR Doc. 04–17033 Filed 7–26–04; 8:45 am] 070704F] for the Groundfish Fishery of the Bering BILLING CODE 9110–12–P Sea and Aleutian Islands Management Area (BSAI) (Amendments 48/48). If RIN 0648–AR77 approved, Amendments 48/48 would Fisheries of the Exclusive Economic revise the administrative process used Zone Off Alaska; Revisions to the to establish annual harvest Annual Harvest Specifications Process specifications for the groundfish for the Groundfish Fisheries of the fisheries of the GOA and the BSAI and Gulf of Alaska and the Bering Sea and would update the FMPs by revising the Aleutian Islands Management Area description of the groundfish fisheries and participants, revising the name of AGENCY: National Marine Fisheries the BSAI FMP, revising text to simplify Service (NMFS), National Oceanic and wording and correct typographical Atmospheric Administration (NOAA), errors, and revising the description of Commerce. the North Pacific Fishery Management

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Council (Council) Groundfish Plan implementing the FMPs appear at 50 specifications in the Federal Register Teams’ responsibilities. This action is CFR part 679. General regulations for public comment in December. In necessary to manage fisheries based on governing U.S. fisheries also appear at November, new biological information the best scientific information available, 50 CFR part 600. regarding the groundfish target species to provide for adequate prior public The Council has submitted becomes available and is used to review and comment to the Secretary of Amendments 48/48 for Secretarial develop the Council’s final harvest Commerce (Secretary) on Council review and a notice of availability specifications recommendations for the recommendations, to provide for (NOA) of the FMP amendments was fishing year starting in January. The additional opportunity for Secretarial published in the Federal Register on Council makes its final harvest review, to minimize unnecessary July 14, 2004 (69 FR 42128) with specifications recommendations to disruption to fisheries and public comments on the FMP amendments NMFS in December. NMFS reviews confusion, and to promote invited through September 13, 2004. A these recommendations and publishes a administrative efficiency. The proposed complete description of the notice of final specifications in the rule would revise regulations to amendments is in the NOA. This Federal Register in February or March implement the new harvest proposed rule describes the FMP of the following year. specifications process in Amendments amendments and proposed Starting in January of the new fishing 48/48 and would revise the name of the implementing regulations. year, groundfish fisheries are managed BSAI FMP. This action is intended to Comments may address the FMP using interim harvest specifications, promote the goals and objectives of the amendments, the proposed rule, or both, pending publication of the final harvest Magnuson-Stevens Fishery but must be received by September 13, specifications. These interim harvest Conservation and Management Act 2004, to be considered in the approval/ specifications remain in place until (Magnuson-Stevens Act), the FMPs, and disapproval decision on the FMP superseded by final harvest other applicable laws. amendments. All comments received by specifications in approximately that time, whether specifically directed February or March each year. The DATES: Written comments must be to the FMP amendments or the interim harvest specifications are received by September 10, 2004. proposed rule, will be considered in the required by § 679.20(c)(2) to be 25 ADDRESSES: Send comments to Sue approval/disapproval decision on the percent or the first seasonal Salveson, Assistant Regional FMP amendments. apportionment of the proposed TAC Administrator, Sustainable Fisheries Background amounts for most groundfish target Division, Alaska Region, NMFS, Attn: species and 25 percent of the proposed Lori Durall. Comments may be Amendments 48/48 were PSC amounts. submitted by: unanimously recommended by the A number of statutory requirements ∑ Mail to P.O. Box 21668, Juneau, AK Council in October 2003. If approved by must be met by NMFS to implement 99802; NMFS, these amendments would revise annual harvest specifications. National ∑ Hand Delivery to the Federal the administrative process used to standard 2 in section 301(a)(2) of the Building, 709 West 9th Street, Room establish annual harvest specifications Magnuson-Stevens Act requires 420A, Juneau, AK; for the groundfish fisheries of the BSAI management of the groundfish fisheries ∑ E-mail to 4848PR–0648– and GOA. Harvest specifications to be based on the best scientific [email protected] and include in the establish specific limits on the information available. Each year in subject line of the e-mail comments the commercial harvest of groundfish and October, proposed harvest specifications document identifier: 48/48 Proposed are used to manage the groundfish for the following year are developed Rule. E-mail comments, with or without fisheries. Harvest specifications include based on either TAC amounts used in attachments, are limited to 5 megabytes. total allowable catch (TAC), acceptable the current year for some species or on ∑ FAX to 907–586–7557; or biological catch, overfishing levels, and projections from the Stock Assessment ∑ Webform at the Federal prohibited species catch (PSC) amounts, and Fishery Evaluation (SAFE) reports eRulemaking Portal: and apportionments thereof, which have written the previous year. The SAFE www.regulations.gov. Follow the been recommended by the Council. The reports written in the previous year instructions at that site for submitting current regulations authorize annual often comprise the best scientific comments. harvest specifications that are information available in October for Copies of the Environmental applicable January 1 through December supporting the harvest specifications for Assessment/Regulatory Impact Review/ 31. The goals in revising the harvest the following year. The new SAFE Initial Regulatory Flexibility Analysis specifications process are to: (1) manage reports completed in November are used (EA/RIR/IRFA) prepared for fisheries based on the best scientific by the Council to recommend final Amendments 48/48 and the proposed information available, (2) provide for harvest specifications in mid-December, rule may be obtained from the same adequate prior public review and usually after publication in the Federal mailing address above or from the comment to the Secretary on Council Register of the proposed harvest NMFS Alaska Region website at recommendations, (3) provide for specifications. www.fakr.noaa.gov. additional opportunity for Secretarial The proposed and final specifications review, (4) minimize unnecessary process normally requires six months to FOR FURTHER INFORMATION CONTACT: disruption to fisheries and public complete, yet only two weeks exist Melanie Brown, 907–586–7228 or confusion, and (5) promote between the time the new final SAFE [email protected]. administrative efficiency. reports are available (mid- December) SUPPLEMENTARY INFORMATION: The The current harvest specifications and the start of the fishing year on groundfish fisheries in the Exclusive process involves proposed, interim, and January 1. The Council’s Groundfish Economic Zone of the GOA and the final rulemaking. Each October, the Plan Teams develop the SAFE reports in BSAI are managed under the FMPs. The Council recommends proposed harvest November for the following fishing year Council prepared the FMPs under the specifications for the next year. NMFS based on the summer survey data and authority of the Magnuson-Stevens Act, reviews the Council’s recommendations new analysis. These November SAFE 16 U.S.C. 1801, et seq. Regulations and publishes a notice of proposed reports are reviewed and approved by

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the Council in December and used as information and would allow the To provide opportunity for a potential the scientific basis for its recommended groundfish fisheries to be managed additional public comment period after harvest specifications. Because of this based on the best available scientific the Council’s final harvest specifications time constraint, the proposed harvest information. Each year in October, the recommendation in December, the specifications are completed before the Council would recommend to NMFS groundfish fisheries in the new fishing new information supporting the final proposed harvest specifications for up year would be managed on the harvest specifications is available. The to two years. The rationale for providing specifications that had been published proposed harvest specifications and for up to two years of harvest previously. Each year, the latter January supporting information available for specifications is further explained later through June portion of the harvest public review and comment can differ in this document. specifications would be superseded by from the final harvest specifications and In consideration of the current stock the new annual harvest specifications. their supporting information. assessment survey schedules, regulatory This proposed specification process For some species, the harvest procedures, and quality of stock would eliminate the need for the specifications change little among years, assessment information for the GOA and interim harvest specifications. Having such as TAC amounts for certain long- BSAI target species, the proposed harvest specifications effective into the lived target groundfish species in the harvest specifications process would second fishing year would allow time GOA. For other species, harvest authorize specifications that would be for NMFS to complete an additional specifications can change greatly effective for up to 24 months. NMFS public review and comment period, if between the proposed and final harvest would review the recommendations and needed, while preventing disruption of specifications for various reasons. In publish in the Federal Register the fisheries. some cases, adjustments are made based proposed harvest specifications in To provide consistency between the on the new information developed in November or early December, including groundfish FMPs for the harvest the November SAFE reports. In the detailed descriptions of what the final specifications process and to provide BSAI, the need to maximize the harvest harvest specifications are likely to be flexibility during the harvest of a particular groundfish species can and the new information anticipated to specifications process, Amendments 48/ cause changes between proposed and support them. In November, the new 48 would allow specifications to be final TACs for a number of groundfish SAFE reports would be forwarded to the effective for up to two fishing years. The species to maintain the overall harvest Council by the Council’s Groundfish stock assessment models used for at or below the 2 million metric ton Plan Teams. The Council would determining the harvest specifications optimal yield specified at consider the new SAFE reports, public would use two-year projections for § 679.20(a)(1)(i). Because the proposed comments on the proposed harvest biomass and acceptable biological catch. harvest specifications and supporting specifications, and public testimony and The frequency of fishery resource information can differ from the final then develop recommendations for the surveys also affects whether harvest specifications and supporting final harvest specifications in December. specifications should be done on a more information, the current specifications NMFS would review those or less frequent basis. Allowing process may not provide adequate recommendations and public comments specifications to be effective for up to opportunity in some cases for prior on the proposed harvest specifications, two years would fit well with the public review and comment on the and specifically determine if the final frequency of stock projections that must annual harvest specifications or on the supporting information used for the harvest specifications are a logical be used for the harvest specifications, annual harvest specifications. outgrowth of the proposed harvest and would provide the Council and Subject to certain exceptions, the specifications. If the final harvest NMFS the flexibility to adjust the Administrative Procedure Act (APA) specifications recommendations are specifications time periods in response requires prior public review and consistent with applicable law and are to potential changes in the frequency of comment on a proposed rule, including a logical outgrowth of the proposed stock assessment surveys or other stock public review and opportunity for harvest specifications, the final harvest assessment data or administrative comment on the information used as the specifications may be published without issues. basis for the proposed rule (see 5 U.S.C. additional public review and comment. The Council recommended that 553). Prior public review and comment If the final harvest specifications harvest specifications for the hook-and- on the interim specifications have been recommendations are not a logical line gear and pot gear sablefish routinely waived for ‘‘good cause’’ outgrowth of the proposed harvest individual fishing quota (IFQ) fisheries pursuant to 5 U.S.C. 553(b)(B). specifications, an additional publication be limited to the succeeding fishing year However, recent case law has raised of proposed harvest specifications may to ensure those fisheries are conducted legal concerns under the APA regarding be needed to provide an additional concurrent with the halibut IFQ fishery. this practice of annual waiver of notice opportunity for prior public review and Having the sablefish IFQ fisheries and comment because of generic data comment under the APA. In May or concurrent with the halibut IFQ fishery collection and timing constraints. See June of the following year, the final would reduce the potential for discards Natural Resources Defense Council v. harvest specifications would be of halibut and sablefish in these Evans, 316 F.3d 904 (9th Cir. 2003). In published based on the additional fisheries. The sablefish IFQ fisheries addition, as a practical consideration, proposed harvest specifications and would remain closed at the beginning of the interim harvest specifications also after consideration of public comment. each fishing year, until the final harvest may provide inadequate TAC and PSC Alternatively, depending on the specifications for the sablefish IFQ amounts for those fisheries that are particular circumstances, NMFS may fisheries are in effect. The trawl prosecuted in the early part of the year find ‘‘good cause’’ to waive the sablefish fishery would be managed (i.e., rock sole). publication of proposed harvest using harvest specifications for up to Amendments 48/48 would provide a specifications for prior public review two years with the remaining target process that allows for prior public and comment. In this case, the final species in the BSAI and with GOA review and comment on the annual harvest specifications likely would pollock, Pacific cod, and the ‘‘other harvest specifications and supporting become effective in March. species’’ complex.

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Regulation Revisions when the proposed specifications are NMFS prepared an Initial Regulatory published. Flexibility Analysis (IRFA) to evaluate Amendment 48 to the BSAI FMP The proposed rule would rescind alternative regulatory actions that would would revise the title of the FMP. The provisions for interim harvest change the way the annual harvest GOA FMP title is a more concise specifications at § 679.20(c)(2) on April specifications are established for the description of the document compared 1, 2005. However, as NMFS implements GOA and BSAI groundfish fisheries. to the title used for the BSAI FMP. the new harvest specification process, The IRFA examines the impacts of the Definitions at § 679.2 describe the BSAI interim harvest specifications would be alternative actions on small fishing as the ‘‘Bering Sea and Aleutian Islands needed in the first year until the new entities, and addresses the statutory management area.’’ Consistency harvest specifications are effective. The requirements of the Regulatory between the names of the groundfish use of interim harvest specifications Flexibility Act of 1980, as amended by FMPs and with the groundfish fishery until April 1, 2005, would ensure no the Small Business Regulatory regulations would reduce confusion for disruption to the groundfish fisheries Enforcement Fairness Act of 1996. The users of the documents. The BSAI FMP until the final harvest specifications are IRFA requirements are given at 5 U.S.C. title would be revised to ‘‘The Fishery effective. Once the new process is in 603. Management Plan for Groundfish of the place, interim harvest specifications The current harvest specifications Bering Sea and Aleutian Islands would no longer be needed, and process provides a very short period of Management Area.’’ In § 679.1(b), the therefore, the applicable regulatory time in which to develop and title of the BSAI FMP would be revised provision would be rescinded on April implement annual harvest to reflect the new title that would result 1, 2005. specifications. The key biomass survey from approval of Amendment 48 to the The species listed for seasonal data become available in September and BSAI FMP. allowances for the final harvest October. The fishing year begins on the Sections 679.20 and 679.21 would be specifications under §§ 679.20 (c)(1)(ii), following January 1. This leaves only a revised to implement the new (c)(1)(iii), (c)(3)(ii) and (c)(3)(iii) would short time to evaluate the survey data administrative process for harvest be revised by the proposed rule. The and update fishery models, obtain peer specifications under Amendments 48/ Steller sea lion protection measures (68 review of this work, receive review and 48. In §§ 679.20(c)(1) and (c)(3), and FR 204, January 2, 2003) require the comment from the Council’s SSC and §§ 679.21(d)(1)(i), (e)(1)(ii), (e)(1)(iii), seasonal apportionment of the harvest of AP, develop the Council’s and (e)(6)(i), the revisions would allow Pacific cod, pollock, and Atka mackerel recommendations, provide for public proposed and final harvest in the BSAI and of Pacific cod and notice and comment, publish a final specifications to remain in effect for up pollock in the GOA. The current rule, and meet the APA requirement for to two fishing years. These revisions regulations reference seasonal harvest a 30–day delay of effectiveness. would allow flexibility for harvest specifications only for pollock in the The goals in revising the harvest specifications to be effective for more BSAI and GOA. The proposed rule specifications process are to: (1) manage than 12 months, allowing time to would add Pacific cod and Atka fisheries based on the best scientific comply with APA rulemaking mackerel seasonal allowances to the information available, (2) provide for requirements and ensuring that BSAI harvest specifications and Pacific adequate prior public review and management would be based on the best cod seasonal allowances to the GOA comment to the Secretary on Council scientific information available. harvest specifications. Paragraphs recommendations, (3) provide for additional opportunity for Secretarial Section 679.20(c)(1) would be further (c)(1)(ii) and (c)(1)(iii) also would be revised to be consistent with (c)(3)(ii) review, (4) minimize unnecessary revised to remove the requirement to disruption to fisheries and public address the U. S. harvesting and and (c)(3)(iii) so that proposed and final harvest specifications contents would be confusion, and (5) promote processing capacity in the proposed administrative efficiency. harvest specifications. This was consistent. The proposed rule would revise The entities directly regulated by this necessary when foreign groundfish §§ 679.20(c)(5), 679.20(c)(6), and action are those that commercially fishing occurred before the 1990s. 679.62(a)(3) to remove references to harvest federally managed groundfish in Harvesting and processing groundfish in interim harvest specifications. Interim the BSAI and GOA. These entities Alaskan waters is performed exclusively harvest specifications would not be include the groundfish catcher vessels by U. S. owned and operated vessels used once the new harvest and catcher/processor vessels active in and processors under the Magnuson- specifications process is effective. This these areas. They also include Stevens Act and the American Fisheries revision would be effective April 1, organizations to whom direct Act (AFA). Amendments 48/48 would 2005, when the regulations for interim allocations of groundfish are made. In remove references to allocations to harvest specifications at § 679.20(c)(2) the BSAI, this includes the CDQ groups foreign fishing in the FMPs and this are no longer effective. and the AFA fishing cooperatives. revision would make the regulations Pursuant to the Small Business consistent with the FMPs. Classification Administration criteria and NMFS The proposed rule would allow NMFS has not yet determined guidelines, fishing vessels, including NMFS to specify the length of the public whether the amendments that this catcher vessels and catcher/processors, comment period for the proposed proposed rule would implement is are considered ‘‘small entities’’ if they harvest specifications when the consistent with the national standards gross less than $3.5 million in a year, proposed specifications are published. of the Magnuson-Stevens Act and other when all their affiliated elements are Current regulations require a public applicable laws. In making that taken together. Catcher vessel gross comment period of 30 days determination, NMFS will take into revenues are measured at the ex-vessel (§§ 679.20(c)(1), 679.21(d)(2), and account the data, views, and comments level. Catcher/processor revenues are 679.21(e)(6)(ii)). The proposed rule received during the comment period. the first wholesale value of the would afford NMFS the discretion to This proposed rule has been processed product. About 832–838 specify a comment period of appropriate determined to be not significant for the catcher vessels, 30–33 catcher/ length under the circumstances present purposes of Executive Order 12866. processors, and six CDQ groups were

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estimated to be small entities under this for Alternative 5, but was not preferred 2. In § 679.1, the introductory heading criterion. to Alternative 5 due to the of paragraph (b) is revised to read as The proposed regulatory amendments administrative problems for managers follows: do not impose new recordkeeping or and fishermen that might be associated § 679.1 Purpose and scope. reporting requirements on the regulated with a change in the fishing year. * * * * * small entities. Alternative 4 would use stock The EA/RIR/IRFA did not reveal any (b) Fishery Management Plan for assessment projections to prepare federal rules that duplicate, overlap or Groundfish of the Bering Sea and biennial harvest specifications, while conflict with the proposed action. Aleutian Islands Management Area. * * Four alternatives to the preferred setting PSC limits annually. This * alternative would improve alternative were considered. Alternative * * * * * 1 would require NMFS to publish opportunities for small business access 3. In § 679.20, paragraphs (c)(1), (c)(3), proposed specifications, followed by to the decision making process. The two (c)(5), (c)(6), and the introductory interim and final specifications, under options for this alternative are likely to paragraph to (c)(2) are revised to read as the status quo schedule. This alternative result in larger potential reductions in follows: is the most constraining of the harvests and revenues than Alternative alternatives with respect to small 2, and more potential for year-to-year § 679.20 General limitations. businesses’ access to the decision- variation in harvests. The changes could * * * * * making process. Alternative 1 may reduce small entities’ revenues, but (c) Annual specifications. --(1) result in larger harvests than disproportionate impacts on small Proposed specifications--(i) Notification. Alternatives 2 through 4, and thus, entities are not identified. The potential As soon as practicable after consultation potentially higher average revenues for adverse effects outweigh the enhanced with the Council, NMFS will publish small entities. This alternative fails to rulemaking process in the alternative. proposed specifications for the achieve the objectives of the proposed This is no better for directly regulated groundfish fisheries in the BSAI and the action in that it does not provide small entities than Alternative 5. GOA. opportunity for prior public review and Alternative 5 is the preferred (ii) Public comment. NMFS will comment on interim specifications and alternative. Under this alternative, accept public comment on the proposed does not guarantee meaningful harvest specifications would be set for specifications established by this opportunity for public comment on the up to two years. Harvest specifications section and by § 679.21 for a period proposed specifications to the Secretary. would be superseded by new harvest specified in the notice of proposed For this reason, this alternative was not specifications typically published specifications published in the Federal chosen. between March and June of the second Register. Alternative 2 would eliminate interim year. This alternative would provide (iii) GOA. The proposed harvest specifications, and would increased opportunities for notice and specifications will specify for up to 2 require NMFS to issue proposed and comment under the APA. This fishing years the annual TAC for each final harvest specifications before the alternative would introduce relatively target species and the ‘‘other species’’ start of the fishing year. This alternative modest lags between biological surveys category and apportionments thereof, would introduce an additional year’s lag and subsequent harvest specifications, halibut prohibited species catch between the time fishery survey data thus creating relatively modest adverse amounts, and seasonal allowances of become available and the time harvest revenue impacts compared to pollock and Pacific cod. specifications based on those data are Alternatives 2 and 4. If a second (iv) BSAI. The proposed specifications implemented. This alternative would proposed rule is required, the revenue will specify for up to 2 fishing years the improve opportunities for small effects would be similar to Alternative annual TAC for each target species and businesses’ access to the decision 3; if not, they may be similar to those the ‘‘other species’’ category and making process. However, the for Alternative 1. apportionments thereof, PSQ reserves alternative may result in reductions in and prohibited species catch groundfish harvests and revenues and List of Subjects in 50 CFR Part 679 allowances, seasonal allowances of with increased year-to-year variation in pollock, Pacific cod, and Atka mackerel Alaska, Fisheries, Recordkeeping and harvests. These changes could reduce TAC (including pollock, Pacific cod, reporting requirements. small entities’ revenues, but and Atka mackerel CDQ), and CDQ disproportionate impacts on small Dated: July 20, 2004. reserve amounts. entities are not identified. These Rebecca Lent, (2) Interim specifications. (Applicable potential adverse effects to small Deputy Assistant Administrator for until April 1, 2005.) Interim harvest entities outweigh the benefits from an Regulatory Programs, National Marine specifications will be in effect on enhanced rulemaking process. The Fisheries Service. January 1 and will remain in effect until potential for revenue reductions caused For reasons set out in the preamble, superseded by the filing of the final this alternative to be rejected. 50 CFR part 679 is proposed to be specifications by the Office of the Alternative 3 would postpone the amended as follows: Federal Register. Interim specifications start of the fishing year by six months will be established as follows: to provide enough time for proposed PART 679—FISHERIES OF THE * * * * * and final harvest specifications. An EXCLUSIVE ECONOMIC ZONE OFF (3) Final specifications--(i) Procedure option to this alternative would ALASKA and notification. NMFS will consider postpone the start of the fishing year for comments received on the proposed most species by six months, but would 1. The authority citation for part 679 specifications and, after consultation not change the fishing year for sablefish continues to read as follows: with the Council, will publish a notice IFQ fisheries. This option would protect Authority: 16 U.S.C. 773 et seq., 1801 et of final specifications in the Federal the IFQ management of the sablefish seq., and 3631 et seq.; 16 U.S.C. 1540(f); Pub. Register unless NMFS determines that fisheries. This alternative would have L. 105–277, Title II of Division C; Pub L. 106– the final specifications would not be a revenue impacts very similar to those 31, Sec. 3027; and Pub. L.106–554, Sec. 209. logical outgrowth of the notice of

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proposed specifications. In that event, § 679.21 Prohibited species bycatch up to 2 fishing years, the annual red NMFS will either: management. king crab PSC limit, and, if applicable, (A) Publish a revised notice of * * * * * the amount of this PSC limit specified proposed specifications in the Federal (d) * * * for the RKCSS, the annual C. bairdi PSC Register for public comment, and after (1) * * * limit, the annual C. opilio PSC limit, the considering comments received on the (i) Proposed and final limits and proposed and final PSQ reserve revised proposed specifications, publish apportionments. NMFS will publish in amounts, the proposed and final a notice of final specifications in the the Federal Register proposed and final bycatch allowances, the seasonal Federal Register; or halibut PSC limits, and apportionments apportionments thereof, and the manner (B) Publish a notice of final thereof, in the notification required in which seasonal apportionments of specifications in the Federal Register under § 679.20. without an additional opportunity for nontrawl fishery bycatch allowances * * * * * will be managed, as required by public comment based on a finding that (2) Public comment. NMFS will paragraph (e) of this section. good cause pursuant to the accept public comment on the proposed Administrative Procedure Act justifies halibut PSC limits, and apportionments (ii) Public comment. Public comment waiver of the requirement for a revised thereof, for a period specified in the will be accepted by NMFS on the notice of proposed specifications and notice of proposed halibut PSC limits proposed annual red king crab PSC limit opportunity for public comment published in the Federal Register. and, if applicable, the amount of this thereon. NMFS will consider comments received PSC limit specified for the RKCSS, the (ii) GOA. The final specifications will on proposed halibut PSC limits and, annual C. bairdi PSC limit, the annual specify for up to 2 fishing years the after consultation with the Council, will C. opilio PSC limit, the proposed and annual TAC for each target species and publish notification in the Federal final bycatch allowances, seasonal the ‘‘other species’’ category and Register specifying the final halibut PSC apportionments thereof, and the manner apportionments thereof, halibut limits and apportionments thereof. prohibited species catch amounts, and in which seasonal apportionments of seasonal allowances of pollock and * * * * * nontrawl fishery bycatch allowances Pacific cod. (e) * * * will be managed, for a period specified (iii) BSAI. The final specifications (1) * * * in the notice of proposed specifications will specify for up to 2 fishing years the (ii) Red king crab in Zone 1. The PSC published in the Federal Register. limit of red king crab caught by trawl annual TAC for each target species and * * * * * the ‘‘other species’’ category and vessels while engaged in directed 5. In § 679.62, paragraph (a)(3) is apportionments thereof, PSQ reserves fishing for groundfish in Zone 1 during and prohibited species catch any fishing year will be specified for up revised to read as follows: allowances, seasonal allowances of to 2 fishing years by NMFS, after consultation with the Council, based on § 679.62 Inshore sector cooperative pollock, Pacific cod, and Atka mackerel allocation program. TAC (including pollock, Pacific cod, abundance and spawning biomass of red and Atka mackerel CDQ), and CDQ king crab using the criteria set out under (a) * * * reserve amounts. paragraphs (e)(1)(iii)(A) through (C) of (3) Conversion of quota share this section. The following table refers * * * * * percentage to TAC allocations. to the PSC limits for red king crab that (5) BSAI Pacific cod gear allocations. (Effective April 1, 2005) Each inshore you must follow in Zone 1: (Effective April 1, 2005.) The proposed pollock cooperative that receives a and final specifications will specify the * * * * * quota share percentage for a fishing year allocation of BSAI Pacific cod among (iii) Tanner crab (C. bairdi). The PSC will receive an annual allocation of limit of C. bairdi crabs caught by trawl gear types as authorized under Bering Sea and/or Aleutian Islands vessels while engaged in directed paragraph (a)(7) of this section. pollock that is equal to the cooperative’s fishing for groundfish in Zones 1 and 2 (6) BSAI Atka mackerel allocations. quota share percentage for that subarea (Effective April 1, 2005.) The proposed during any fishing year will be specified multiplied by the annual inshore and final specifications will specify the for up to 2 fishing years by NMFS under pollock allocation for that subarea. Each allocation of BSAI Atka mackerel among paragraph (e)(6) of this section, based on gear types and HLA fisheries as total abundance of C. bairdi crabs as cooperative’s annual pollock TAC authorized under paragraph (a)(8) of this indicated by the NMFS annual bottom allocation may be published in the section. trawl survey, using the criteria set out proposed and final BSAI harvest specifications notice. * * * * * under paragraphs (e)(1)(iii)(A) and (B) of 4. In § 679.21, paragraphs (d)(1)(i), this section. * * * * * (d)(2), and (e)(6), and introductory * * * * * [FR Doc. 04–16957 Filed 7–26–04; 8:45 am] paragraphs to (e)(1)(ii) and (e)(1)(iii), are (6) Notification--(i) General. NMFS BILLING CODE 3510–22–S revised to read as follows: will publish in the Federal Register, for

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Notices Federal Register Vol. 69, No. 143

Tuesday, July 27, 2004

This section of the FEDERAL REGISTER Independence Ave. SW., Stop 0808, DEPARTMENT OF AGRICULTURE contains documents other than rules or (Portals Bldg., Suite 508), Washington, proposed rules that are applicable to the DC 20250–0808, phone: 202–720–6356, Grain Inspection, Packers and public. Notices of hearings and investigations, fax: 202–690–3605, e-mail: Stockyards Administration committee meetings, agency decisions and rulings, delegations of authority, filing of [email protected]. You may [03–B–W] petitions and applications and agency also obtain information regarding this statements of organization and functions are announcement from the RMA Web site Designation of Kankakee (IA) to examples of documents appearing in this at: www.rma.usda.gov. Provide Class X or Class Y Weighing section. Dated: July 22, 2004. Services Ross J. Davidson, Jr., AGENCY: Grain Inspection, Packers and DEPARTMENT OF AGRICULTURE Manager, Federal Crop Insurance Stockyards Administration (USDA). Corporation. ACTION: Notice. Federal Crop Insurance Corporation [FR Doc. 04–17041 Filed 7–26–04; 8:45 am] SUMMARY: GIPSA announces the BILLING CODE 3410–08–P Crop Insurance Education in Targeted designation of Kankakee Grain States (Targeted States Program) Inspection, Inc., (Kankakee) to provide DEPARTMENT OF AGRICULTURE Class X or Class Y weighing services Announcement Type: Modification— under the United States Grain Standards Competitive Cooperative Agreements. Act, as amended (Act). This announcement modifies the Forest Service EFFECTIVE DATE: Request for Application Notice June 25, 2004. Ravalli County Resource Advisory published in the Federal Register, May ADDRESSES: USDA, GIPSA, Janet M. Committee 24, 2004 (Vol. 69, No. 100, Pages 29498– Hart, Chief, Review Branch, Compliance 29503). The Dates and Summary Division, STOP 3604, Room 1647–S, AGENCY: Forest Service, USDA. portions have been modified. 1400 Independence Avenue, SW., CFDA Number: 10.458. ACTION: Notice of Meeting. Washington, DC 20250–3604. DATES: Applications are due 5 p.m. FOR FURTHER INFORMATION CONTACT: e.d.t., August 11, 2004. SUMMARY: The Ravalli County Resource Janet M. Hart, at 202–720–8525, e-mail SUMMARY: The following paragraph has Advisory Committee will be meeting to [email protected]. been added to the beginning of the discuss 2004 projects and hold a short SUPPLEMENTARY INFORMATION: This SUMMARY portion of the May 24, 2004, public forum (question and answer action has been reviewed and Federal Register Notice: session). The meeting is being held determined not to be a rule or regulation The Risk Management Agency (RMA) pursuant to the authorities in the as defined in Executive Order 12866 did not receive complete and valid Federal Advisory Committee Act (Public and Departmental Regulation 1512–1; application packages for the States of Law 92–463) and under the Secure therefore, the Executive Order and Nevada, Pennsylvania, and West Rural Schools and Community Self- Departmental Regulation do not apply Virginia under the original Request for Determination Act of 2000 (Public Law to this action. Application Notice published in the 106–393). The meeting is open to the In the November 22, 2002, Federal Federal Register on May 24, 2004, for public. Register (67 FR 70399), GIPSA the Crop Insurance Education in announced the designation of Kankakee Targeted States Program (Targeted DATES: The meeting will be held on July to provide official inspection services States Program). RMA is re-announcing 27, 2004, 6:30 p.m. under the Act, effective January 1, 2003, its Funding Opportunity—Request for and ending December 31, 2005. ADDRESSES: The meeting will be held at Applications under the Targeted States the Ravalli County Administration Subsequently, Kankakee asked GIPSA to Program for the States of Nevada, Building, 215 S. 4th Street, Hamilton, amend their designation to include Pennsylvania, and West Virginia. Montana. Send written comments to official weighing services. Section Applicants who previously submitted Jeanne Higgins, District Ranger, 7A(c)(2) of the Act authorizes GIPSA’s an application under the May 24, 2004, Stevensville Ranger District, 88 Main Administrator to designate authority to Targeted States Program Request for Street, Stevensville, MT 59870, by perform official weighing to an agency Applications Notice for Nevada, facsimile (406) 777–7423, or providing official inspection services Pennsylvania, and West Virginia must electronically to [email protected]. within a specified geographic area, if reapply in accordance with the original such agency is qualified under Section Notice published in the Federal FOR FURTHER INFORMATION CONTACT: 7(f)(1)(A) of the Act. GIPSA evaluated Register on May 24, 2004 (http:// Jeanne Higgins, Stevensville District all available information regarding the www.rma.usda.gov/news/2004/05/04rfa- Ranger and Designated Federal Officer, designation criteria in Section 7(f)(1)(A) education.html). Phone: (406) 777–5461. of the Act, and determined that All other portions and sections of the Dated: July 21, 2004. Kankakee is qualified to provide official full text Notice remain unchanged. weighing services in their currently David T. Bull, FOR FURTHER INFORMATION CONTACT: assigned geographic area. Applicants and other interested parties Forest Supervisor. Effective June 25, 2004, and are encouraged to contact: Michelle [FR Doc. 04–17038 Filed 7–26–04; 8:45 am] terminating December 31, 2005 (the end Fuller, USDA–RMA–RME, 1400 BILLING CODE 3410–11–M of Kankakee’s designation to provide

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official inspection services), Kankakee’s examiner’s report, and finds that the circular welded carbon quality line pipe present designation is amended to requirements of the FTZ Act and the from Mexico, the Republic of Korea include Class X or Class Y weighing Board’s regulations are satisfied, and (Korea), and the People’s Republic of within their assigned geographic area, as that approval of the application, as China (China). See Notice of Initiation specified in the June 3, 2002, Federal amended, is in the public interest; of Antidumping Duty Investigations: Register (67 FR 38249). Official services Now, therefore, the Board hereby Certain Circular Welded Carbon Quality may be obtained by contacting grants authority for subzone status at the Line Pipe from Mexico, the Republic of Kankakee at 815–365–2268. cosmetic and beauty products Korea, and the People’s Republic of Authority: Pub. L. 94–582, 90 Stat. 2867, manufacturing and warehousing China, 69 FR 16521 (March 30, 2004). as amended (7 U.S.C. 71 et seq.). facilities of L’Oreal USA, Inc., located in Section 733(b) of the Act requires the Middlesex, Somerset and Union Department to make a preliminary Donna Reifschneider, Counties, New Jersey (Subzone 44E), at determination no later than 140 days Administrator, Grain Inspection, Packers and the locations described in the amended after the date of initiation. The Stockyards Administration. application, and subject to the FTZ Act preliminary determinations in these [FR Doc. 04–17047 Filed 7–26–04; 8:45 am] and the Board’s regulations, including investigations are currently due not later BILLING CODE 3410–EN–P § 400.28. than August 10, 2004. Signed at Washington, DC, this 15th day of Postponement of Preliminary July 2004. Determinations DEPARTMENT OF COMMERCE James J. Jochum, Under section 733(c)(1)(B) of the Act, Foreign-Trade Zones Board Assistant Secretary of Commerce for Import the Department can extend the period Administration, Alternate Chairman, Foreign- for reaching a preliminary Trade Zones Board. [Order No. 1342] determination until not later than the Attest: 190th day after the date on which the Grant of Authority For Subzone Status; Dennis Puccinelli, L’Oreal USA, Inc. (Cosmetic and administering authority initiates an Executive Secretary. Beauty Products); Middlesex, investigation if the administering Somerset and Union Counties, NJ [FR Doc. 04–17073 Filed 7–26–04; 8:45 am] authority concludes that the parties BILLING CODE 3510–DS–P concerned are cooperating and Pursuant to its authority under the determines that: (i) the case is Foreign-Trade Zones Act, of June 18, extraordinarily complicated by reason of 1934, as amended (19 U.S.C. 81a–81u), DEPARTMENT OF COMMERCE (I) the number and complexity of the the Foreign-Trade Zones Board (the transactions to be investigated or Board) adopts the following Order: International Trade Administration adjustments to be considered; (II) the Whereas, the Foreign-Trade Zones Act [A–580–854, A–201–833] novelty of the issues presented; or (III) provides for ‘‘* * * the establishment the number of firms whose activities * * * of foreign-trade zones in ports of Postponement of Preliminary must be investigated; and (ii) additional entry of the United States, to expedite Determinations of Antidumping Duty time is necessary to make the and encourage foreign commerce, and Investigations: Certain Circular Welded preliminary determination. for other purposes,’’ and authorizes the Carbon Quality Line Pipe from Mexico The parties concerned are cooperating Foreign-Trade Zones Board to grant to and the Republic of Korea in these investigations. Additional time qualified corporations the privilege of is necessary, however, to complete the AGENCY: establishing foreign-trade zones in or Import Administration, preliminary determinations for Mexico adjacent to U.S. Customs ports of entry; International Trade Administration, and Korea due to Whereas, the Board’s regulations (15 Department of Commerce. (1) the number and complexity of the SUMMARY: CFR Part 400) provide for the The Department of Commerce transactions to be investigated and establishment of special-purpose (the Department) is postponing the adjustments to be considered, and (2) subzones when existing zone facilities preliminary determinations in the certain affiliation issues. cannot serve the specific use involved, antidumping duty investigations of Moreover, with respect to the and when the activity results in a certain circular carbon quality line pipe Mexican and both Korean respondents, significant public benefit and is in the from Mexico and the Republic of Korea on July 9, 2004, the Department public interest; until no later than September 29, 2004. received from American Steel Pipe Whereas, the New Jersey Commerce This postponement is made pursuant to Division of ACIPC, IPSCO Tubulars Inc., and Economic Growth Commission, section 733(c)(1)(B) of the Tariff Act of Lone Star Steel Company, Maverick grantee of Foreign-Trade Zone 44, has 1930, as amended (the Act). Tube Corporation, Northwest Pipe made application to the Board for EFFECTIVE DATE: July 27, 2004. Company, and Stupp Corporation, authority to establish a special-purpose FOR FURTHER INFORMATION CONTACT: John petitioners in these investigations, subzone at the cosmetic and beauty Drury (Mexico) or Brandon Farlander company–specific allegations that sales products manufacturing and (Korea), at (202) 482–0195 or (202) 482– were made below the cost of production warehousing facilities of L’Oreal USA, 0195, respectively, Import during the period of investigation. We Inc., located in Middlesex, Somerset Administration, International Trade are currently reviewing these and Union Counties, New Jersey (FTZ Administration, U.S. Department of allegations. Therefore, for both Docket 60–2003, filed 11/6/03, amended Commerce, 14th Street and Constitution investigations, additional time is 3/12/04); Avenue, NW, Washington, DC 20230. required to review the issues and the Whereas, notice inviting public SUPPLEMENTARY INFORMATION: cost information for purposes of the comment was given in the Federal preliminary determinations. Register (68 FR 65245–65246, 11/19/03 Background For the reasons identified above, we and 69 FR 13811–13812, 3/24/04); and, On March 23, 2004, the Department are postponing the preliminary Whereas, the Board adopts the initiated antidumping duty determinations under Section findings and recommendations of the investigations of imports of certain 733(c)(1)(A) of the Act by 50 days, to no

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later than September 29, 2004. The OMB Desk Officer: David Rostker, Blackburn Drive, Gloucester, MA 01930 deadline for the final determinations (202) 395–3897. (or via the Internet at will continue to be 75 days after the Copies of the above information [email protected]). date of the preliminary determinations. collection proposal can be obtained by This notice is issued and published calling or writing Diana Hynek, SUPPLEMENTARY INFORMATION: pursuant to sections 733(f) and 777(i) of Departmental Paperwork Clearance I. Abstract the Act. Officer, (202) 482–0266, Department of Dated: July 21, 2004. Commerce, Room 6625, 14th and Federal regulations at 50 CFR 229.34 Constitution Avenue, NW, Washington, limit the number of nets that can be Holly A. Kuga, DC 20230 (or via the Internet at used in certain fisheries in the mid- Acting Assistant Secretary for Import [email protected]). Atlantic that appear to be most closely Administration. Written comments and linked with accidental catch of harbor [FR Doc. 04–17072 Filed 7–26–04; 8:45 am] recommendations for the proposed porpoises. The fishermen in these BILLING CODE 3510–DS–S information collection should be sent fisheries must obtain and attach within 30 days of publication of this numbered tags for their nets. Because notice to David Rostker, OMB Desk DEPARTMENT OF COMMERCE the number of tags per vessel is capped, Officer, FAX number (202) 395–7285, or the tagging program helps to limit the [I.D. 072204E] [email protected]. number of nets in use and helps NOAA Dated: July 20, 2004. identify the number in use. Submission for OMB Review; Comment Request Gwellnar Banks, II. Method of Collection Management Analyst, Office of the Chief The Department of Commerce has Information Officer. Requests for tags are submitted to submitted to the Office of Management [FR Doc. 04–17069 Filed 7–26–04; 8:45 am] NOAA on a paper form. and Budget (OMB) for clearance the BILLING CODE 3510–22–S III. Data following proposal for collection of information under the provisions of the OMB Number: 0648–0357. Paperwork Reduction Act (44 U.S.C. DEPARTMENT OF COMMERCE Form Number: None. Chapter 35). Agency: National Oceanic and National Oceanic and Atmospheric Type of Review: Regular submission. Administration Atmospheric Administration (NOAA). Affected Public: Business or other for- Title: Southwest Region Logbook [I.D. 072204B] profit organizations. individuals or Family of Forms. households. Form Number(s): None. Proposed Information Collection; Estimated Number of Respondents: OMB Approval Number: None. Comment Request; Gear-Marking 25. Type of Request: Regular submission. Requirements for the Harbor Porpoise Burden Hours: 3,034. Take Reduction Plan Estimated Time Per Response: 1 Number of Respondents: 907. minute to attach a tag to a net and 2 AGENCY: National Oceanic and Average Hours Per Response: 1 hour minutes to request tags. Atmospheric Administration (NOAA). for trip report; 5 minutes for pre-trip Estimated Total Annual Burden ACTION: Notice. report; and 24 seconds for VMS report. Hours: 22. Needs and Uses: The owners of SUMMARY: The Department of Estimated Total Annual Cost to vessels that fish out of West Coast ports Commerce, as part of its continuing Public: $400. for highly migratory species such as effort to reduce paperwork and tuna, billfish, and sharks would be respondent burden, invites the general IV. Request for Comments required to submit information about public and other Federal agencies to their fishing activities so that the Comments are invited on: (a) whether take this opportunity to comment on the proposed collection of information National Marine Fisheries Service and proposed and/or continuing information the Pacific Fishery Management Council is necessary for the proper performance collections, as required by the of the functions of the agency, including will be able to monitor the fisheries and Paperwork Reduction Act of 1995, determine the effects and effectiveness whether the information shall have Public Law 104–13 (44 U.S.C. practical utility; (b) the accuracy of the of the Fishery Management Plan (FMP) 3506(c)(2)(A)). for U.S. West Coast Fisheries for Highly agency’s estimate of the burden DATES: Migratory Species (HMS). Catch and Written comments must be (including hours and cost) of the effort statistics from logbooks are submitted on or before September 27, proposed collection of information; (c) essential for evaluating if the objectives 2004. ways to enhance the quality, utility, and of the FMP are being achieved and for ADDRESSES: Direct all written comments clarity of the information to be evaluating the impacts of potential to Diana Hynek, Departmental collected; and (d) ways to minimize the changes in management to respond to Paperwork Clearance Officer, burden of the collection of information new information or new problems in the Department of Commerce, Room 6625, on respondents, including through the fisheries. Vessel monitoring system 14th and Constitution Avenue, NW, use of automated collection techniques units will facilitate enforcement of Washington, DC 20230 (or via the or other forms of information closures associated with the longline Internet at [email protected]). technology. fishery. FOR FURTHER INFORMATION CONTACT: Comments submitted in response to Affected Public: Business or other for- Requests for additional information or this notice will be summarized and/or profit organizations. copies of the information collection included in the request for OMB Frequency: On occasion, annually, instrument and instructions should be approval of this information collection; daily, hourly. directed to David Gouveia, National they also will become a matter of public Respondent’s Obligation: Mandatory. Marine Fisheries Service, One record.

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Dated: July 20, 2004. superintendents for the four California DEPARTMENT OF COMMERCE Gwellnar Banks, National Marine Sanctuaries (Channel Management Analyst, Office of the Chief Islands National Marine Sanctuary, National Oceanic and Atmospheric Information Officer. Cordell Bank National Marine Administration [FR Doc. 04–17070 Filed 7–26–04; 8:45 am] Sanctuary, Gulf of the Farallones [I.D. 072104C] BILLING CODE 3510–22–S National Marine Sanctuary and the Monterey Bay National Marine Mid-Atlantic Fishery Management Sanctuary) and the Elkhorn Slough Council; Public Meetings DEPARTMENT OF COMMERCE National Estuarine Research Reserve sit as non-voting members. AGENCY: National Marine Fisheries National Oceanic and Atmospheric Four working groups support the Service (NMFS), National Oceanic and Administration Advisory Council: The Research Atmospheric Administration (NOAA), Activity Panel (‘‘RAP’’) chaired by the Commerce. Availability of Seat for the Monterey Research Representative, the Sanctuary ACTION: Notice of a public meeting. Bay National Marine Sanctuary Education Panel (‘‘SEP’’) chaired by the Advisory Council Education Representative, the SUMMARY: The Mid-Atlantic Fishery Conservation Working Group (‘‘CWG’’) Management Council (Council), AGENCY: National Marine Sanctuary chaired by the Conservation Executive Committee, its Ecosystems Program (NMSP), National Ocean Representative, and the Business and Committee, and its Demersal Species Service (DOS), National Oceanic and Tourism Activity Panel (‘‘BTAP’’) Committee meeting as a Council Atmospheric Administration, chaired by the Business/Industry Committee of the Whole with the Department of Commerce (DOC). Representative, each dealing with Atlantic States Marine Fisheries ACTION: Notice and request for matters concerning research, education, Commission’s (ASMFC) Summer applications. conservation and human use. The Flounder, Scup, and Black Sea Bass working groups are composed of experts Board, and Bluefish Board (s) will hold SUMMARY: The Monterey Bay National a public meeting. Marine Sanctuary (MBNMS or from the appropriate fields of interest Sanctuary) is seeking applicants for the and meet monthly, or bi-monthly, DATES: The meeting will be held on Recreational Fishing seat on its serving as invaluable advisors to the Tuesday, August 10, 2004 through Advisory Council and the Sanctuary Sanctuary Advisory Council. Thursday, August 12, 2004. See Applicants chosen for this seat should Superintendent. SUPPLEMENTARY INFORMATION for specific The Advisory Council represents the expect to serve until February 2007. dates and times. coordination link between the Applicants are chosen based upon their ADDRESSES: The meeting will be held at Sanctuary and the state and Federal the Wyndham Baltimore Inner Harbor, particular expertise and experience in management agencies, user groups, relation to the seat for which they are 101 Fayette Street, Baltimore, MD; researchers, educators, policy makers, telephone: (410) 752–1100. applying; community and professional and other various groups that help to affiliations; philosophy regarding the Council address: Mid-Atlantic Fishery focus efforts and attention on the central Management Council, 300 S. New protection and management of marine California coastal and marine resources; and possibly the length of Street, Dover, DE 19904, telephone: ecosystems. (302) 674–2331. residence in the area affected by the The Advisory Council functions in an Sanctuary. advisory capacity to the Sanctuary FOR FURTHER INFORMATION CONTACT: DATES: Applications are due by August Superintendent and is instrumental in Daniel T. Furlong, Executive Director, 13, 2004. helping develop policies, program goals, Mid-Atlantic Fishery Management Council; telephone: 302–674–2331, ext. ADDRESSES: and identify education, outreach, Application kits may be 19. obtained from Nicole Capps at the research, long-term monitoring, resource Monterey Bay National Marine protection, and revenue enhancement SUPPLEMENTARY INFORMATION: Agenda Sanctuary, 299 Foam Street, Monterey, priorities. The Advisory Council works items for the Council’s committees and California 93940. Completed in concert with the Sanctuary the Council itself are: applications should be sent to the same Superintendent by keeping him or her On Tuesday, August 10, the Executive address. informed about issues of concern Committee will meet from 9 a.m. to 10 throughout the Sanctuary, offering a.m. and the Council will convene at 10 FOR FURTHER INFORMATION CONTACT: recommendations on specific issues, a.m., and meet from 10 a.m. to 5 p.m. Nicole Capps at (831) 647–4206, or On Wednesday, August 11, new and [email protected] and aiding the Superintendent in achieving the goals of the Sanctuary reappointed members will be sworn into SUPPLEMENTARY INFORMATION: The Program within the context of office from 8 a.m. to 8:10 a.m. The MBNMS Advisory Council was California’s marine programs and Council will meet jointly with the established in March 1994 to assure policies. ASMFC’s Summer Flounder, Scup, and continued public participation in the Black Sea Bass Boards from 8:10 a.m. to Authority: 16 U.S.C. 1431, et seq. management of the Sanctuary. Since its 5:30 p.m. On Thursday, August 12, the establishment, the Advisory Council has (Federal Domestic Assistance Catalog Ecosystems Committee will meet from 8 played a vital role in decisions affecting Number 11.429 Marine Sanctuary a.m. to 9:30 a.m. and the Council will the Sanctuary along the central Program) meet from 9:30 a.m. until approximately California coast. Dated: July 20, 2004. 2 p.m. The Advisory Council’s twenty voting Daniel J. Basta, On Tuesday, August 10, the Executive members represent a variety of local Director, National Marine Sanctuary Program, Committee will review functional user groups, as well as the general National Ocean Services, National Oceanic responsibilities of the Council; also will public, plus seven local, state and and Atmospheric Administration. review and discuss Council Federal governmental jurisdictions. In [FR Doc. 04–17013 Filed 7–26–04; 8:45 am] relationships with NMFS, NOAA, DOC addition, the respective managers or BILLING CODE 3510–NK–M and U.S. Congress vis-a-vis ‘‘teamwork

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and cooperation;’’ the Council will Dated: July 22, 2004. individual, captive-bred, non- receive a report of the 39th Stock Alan D. Risenhoover, releaseable shortnose sturgeon for Assessment Review Committee and Acting Director, Office of Sustainable educational display exhibits. These review summary results of this report; Fisheries, National Marine Fisheries Service. projects of displaying endangered the Council and ASMFC’s Bluefish [FR Doc. E4–1652 Filed 7–26–04; 8:45 am] cultured shortnose sturgeon respond Board will review the Bluefish BILLING CODE 3510–22–S directly to a recommendation of the Monitoring Committee’s NMFS recovery outline for this species. recommendations regarding 2005 In addition, the facilities will formulate harvest level and associated DEPARTMENT OF COMMERCE public education programs and exhibits management measures, and recommend to increase awareness of the shortnose National Oceanic and Atmospheric sturgeon and its status. These projects the 2005 harvest level and associated Administration management measures. will educate the public on shortnose [I.D. 070204C] sturgeon life history and the reason for On Wednesday, August 11, the its declining numbers. Council and ASMFC’s Summer Endangered Species; Files No. 1472 Issuance of these permits, as required Flounder, Scup, and Black Sea Bass and No. 1473 by the ESA, was based on a finding that Boards will review Monitoring such permits (1) were applied for in Committee recommendations regarding AGENCY: National Marine Fisheries good faith, (2) will not operate to the the 2005, 2005 and 2006, or 2005, 2006, Service (NMFS), National Oceanic and disadvantage of the endangered species and 2007 harvest levels and commercial Atmospheric Administration (NOAA), which is the subject of the permits, and management measures, and recommend Commerce. (3) are consistent with the purposes and the 2005, 2005 and 2006, or 2005, 2006, ACTION: Issuance of permits. policies set forth in section 2 of the and 2007 harvest levels and commercial ESA. SUMMARY: Notice is hereby given that management measures for summer Maritime Aquarium in Norwalk (Ellen Dated: July 21, 2004. flounder, scup, and black sea bass. Riker, Principal Investigator), 10 North Stephen L. Leathery, On Thursday, August 12, the Water Street, South Norwalk, Chief, Permits, Conservation and Education Ecosystems Committee will review the Connecticut 06854 and the Virginia Division, Office of Protected Resources, Council’s grant Statement of Work Living Museum (Lory Scott, principle National Marine Fisheries Service. (SOW) and develop additional options investigator), 524 J. Clyde Morris Blvd., [FR Doc. 04–17068 Filed 7–26–04; 8:45 am] to be included in the proposed program. Newport News, Virginia 23601, have BILLING CODE 3510–22–S The Council will also receive and been issued permits to take shortnose discuss committee and organizational sturgeon (Acipenser brevirostrum) for DEPARTMENT OF COMMERCE reports including the Highly Migratory purposes of enhancement through Species, the Trawl Survey Committee’s educational display. Patent and Trademark Office report on items discussed at its meeting ADDRESSES: The permits and related held July 7 and 8 in Philadelphia, the documents are available for review Submission for OMB Review; Executive Committee, Ecosystems upon written request or by appointment Comment Request in the following office(s): Committee, New England Council’s The United States Patent and report regarding possible actions on Permits, Conservation and Education Division, Office of Protected Resources, Trademark Office (USPTO) has herring, groundfish, monkfish, red crab, submitted to the Office of Management scallops, skates and whiting; the South NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone and Budget (OMB) for clearance the Atlantic Council’s report; and act on any following proposal for collection of new and/or continuing business. (301)713–2289; fax (301)713–0376; and Northeast Region, NMFS, One information under the provisions of the Although non-emergency issues not Blackburn Drive, Gloucester, MA Paperwork Reduction Act (44 U.S.C. contained in this agenda may come 01930–2298; phone (978)281–9200; fax Chapter 35). before the Council for discussion, these (978)281–9371. Agency: United States Patent and Trademark Office (USPTO). issues may not be the subject of formal FOR FURTHER INFORMATION CONTACT: Council action during this meeting. Title: Patent Processing (Updating). Jennifer Jefferies or Amy Sloan, Form Number(s): PTO/SB/08a, PTO/ Council action will be restricted to those (301)713–2289. issues specifically listed in this notice SB/08b, PTO/SB/17i, PTO/SB/17P, SUPPLEMENTARY INFORMATION: On March PTO/SB/21–27, PTO/SB/30–37, PTO/ and any issues arising after publication 4, 2004, notice was published in the SB/42–43, PTO/SB/61–64, PTO/SB/64a, of this notice that require emergency Federal Register (69 FR 10213) that PTO/SB/67–68, PTO/SB/91–92, PTO/ action under section 305(c) of the requests for enhancement permits to SB/96–97, PTO–2053–A/B, PTO–2054– Magnuson-Stevens Act, provided the take shortnose sturgeon had been A/B, PTO–2055–A/B, PTOL/413A. public has been notified of the Council’s submitted by the above-named Agency Approval Number: 0651– intent to take final actions to address organizations. The requested permits 0031. such emergencies. have been issued under the authority of Type of Request: Revision of a Special Accommodations the Endangered Species Act of 1973, as currently approved collection. amended (ESA; 16 U.S.C. 1531 et seq.) Burden: 2,731,841 hours. This meeting is physically accessible and the regulations governing the Number of Respondents: 2,281,439 to people with disabilities. Requests for taking, importing, and exporting of responses. sign language interpretation or other endangered and threatened species (50 Avg. Hours Per Response: 1 minute 48 auxiliary aids should be directed to CFR parts 222–226). seconds to 8 hours. The USPTO Debbie Donnangelo at least 5 days prior The Maritime Aquarium in Norwalk estimates that it will take 8 minutes to the meeting date. and the Virginia Living Museum are (0.13) to complete the request to retrieve authorized to receive and use 50 electronic priority application(s) and 6

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minutes (0.10) to complete the Rostker, OMB Desk Officer, Room including suggestions for reducing this authorization to permit access to 10202, New Executive Office Building, burden, to the General Services application by priority offices. This 725 17th Street NW., Washington, DC Administration, FAR Secretariat includes time to gather the necessary 20503. (VR),1800 F Street, NW, Room 4035, information, create the documents, and Dated: July 21, 2004. Washington, DC 20405. Please cite OMB submit the completed request. Susan K. Brown, Control No. 9000–0078, Make-or-Buy Needs and Uses: This proposed new Program, in all correspondence. electronic exchange of copies of priority Records Officer, USPTO, Office of Data Architecture and Services, Data FOR FURTHER INFORMATION CONTACT Julia applications will benefit applicants by Administration Division. reducing the cost of ordering paper Wise, Contract Policy Division, GSA [FR Doc. 04–17039 Filed 7–26–04; 8:45 am] certified copies of priority applications (202) 208–1168. BILLING CODE 3510–16–P for filing in other participating SUPPLEMENTARY INFORMATION: intellectual property offices, and will benefit participating intellectual A. Purpose DEPARTMENT OF DEFENSE property offices by reducing the Price, performance, and/or administrative costs associated with GENERAL SERVICES implementation of socio-economic transferring paper copies of priority ADMINISTRATION policies may be affected by make-or-buy applications and scanning them into the decisions under certain Government electronic image record management NATIONAL AERONAUTICS AND prime contracts. Accordingly, FAR systems. The USPTO is submitting this SPACE ADMINISTRATION 15.407–2, Make-or-Buy Programs (i) Sets collection in support of a final forth circumstances under which a [OMB Control No. 9000–0078] rulemaking, ‘‘Changes to Implement Government contractor must submit for Priority Document Exchange between Federal Acquisition Regulation; approval by the contracting officer a Intellectual Property Offices’’ (RIN make-or-buy program, i.e., a written 0651–AB75). There are two forms Information Collection; Make-or-Buy Program plan identifying major items to be associated with this final rulemaking, produced or work efforts to be PTO/SB 33, Request to Retrieve AGENCIES: Department of Defense (DOD), performed in the prime contractor’s Electronic Priority Application(s) Under General Services Administration (GSA), facilities and those to be subcontracted; 37 CFR 1.55(d), which will allow the and National Aeronautics and Space applicant to request that the USPTO (ii) Provides guidance to contracting Administration (NASA). officers concerning the review and retrieve such documents from other ACTION: Notice of request for comments participating intellectual property approval of the make-or-buy programs; regarding an extension to an existing and offices; and PTO/SB/34, Authorization OMB clearance (9000–0078). to Permit Access to Application by (iii) Prescribes the contract clause at Participating Offices Under 37 CFR SUMMARY: Under the provisions of the FAR 52.215–9, Changes or Additions to 1.14(h), which will allow the applicant Paperwork Reduction Act of 1995 (44 Make-or-Buy Programs, which specifies to authorize the USPTO to release U.S.C. Chapter 35), the Federal the circumstances under which the confidential documents to other Acquisition Regulation (FAR) contractor is required to submit for the participating intellectual property Secretariat will be submitting to the contracting officer’s advance approval a offices that are important to the Office of Management and Budget notification and justification of any prosecution of the patent application. (OMB) a request to review and approve proposed change in the approved make- Affected Public: Individuals or an extension of a currently approved or-buy program. households; business or other for-profit; information collection requirement The information is used to assure the not-for-profit institutions; farms, the concerning make-or-buy programs. The lowest overall cost to the Government Federal Government, and State, Local or clearance currently expires on October for required supplies and services. Tribal Governments. 31, 2004. Frequency: On occasion. Public comments are particularly B. Annual Reporting Burden Respondent’s Obligation: Required to invited on: Whether this collection of Respondents: 150. obtain or retain benefits. information is necessary for the proper OMB Desk Officer: David Rostker, performance of functions of the FAR, Responses Per Respondent: 3. (202) 395–3897. and whether it will have practical Total Responses: 450. Copies of the above information utility; whether our estimate of the Hours Per Response: 8. collection proposal can be obtained by public burden of this collection of Total Burden Hours: 3,600. any of the following methods: information is accurate, and based on • E-mail: [email protected]. valid assumptions and methodology; Obtaining Copies of Proposals: Include ‘‘0651–0031 copy request’’ in ways to enhance the quality, utility, and Requesters may obtain a copy of the the subject line of the message. information collection documents from • Fax: 703–308–7407, marked to the clarity of the information to be collected; and ways in which we can the General Services Administration, attention of Susan Brown. FAR Secretariat (VR), Room 4035, • Mail: Susan K. Brown, Records minimize the burden of the collection of information on those who are to Washington, DC 20405, telephone (202) Officer, Office of the Chief Information 501–4755. Please cite OMB Control No. Officer, Office of Data Architecture and respond, through the use of appropriate technological collection techniques or 9000–0078, Make-or-Buy Program, in all Services, Data Administration Division, correspondence. U.S. Patent and Trademark Office, P.O. other forms of information technology. Dated: July 20, 2004. Box 1450, Alexandria, VA 22313–1450. DATES: Submit comments on or before Written comments and September 27, 2004. Ralph J. De Stefano recommendations for the proposed ADDRESSES: Submit comments regarding Acting Director, Contract Policy Division. information collection should be sent on this burden estimate or any other aspect [FR Doc. 04–17065 Filed 7–26–04; 8:45 am] or before August 26, 2004, to David of this collection of information, BILLING CODE 6820–EP–S

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DEPARTMENT OF DEFENSE A. Purpose consultation to the extent that public Entities doing business with the participation in the approval process GENERAL SERVICES Government must identify those persons would defeat the purpose of the ADMINISTRATION who have the authority to bind the information collection, violate State or principal. This information is needed to Federal law, or substantially interfere NATIONAL AERONAUTICS AND ensure that Government contracts are with any agency’s ability to perform its SPACE ADMINISTRATION legal and binding. The information is statutory obligations. The Acting used by the contracting officer to ensure Leader, Regulatory Information [OMB Control No. 9000–0033] that authorized persons sign contracts. Management Group, Office of the Chief Information Officer, publishes that Federal Acquisition Regulation; B. Annual Reporting Burden notice containing proposed information Information Collection; Contractor’s collection requests prior to submission Signature Authority Respondents: 4,800. Responses Per Respondent: 1. of these requests to OMB. Each AGENCIES: Department of Defense (DOD), TOTAL RESPONSES: 4,800. proposed information collection, General Services Administration (GSA), Hours Per Response: .017. grouped by office, contains the and National Aeronautics and Space Total Burden Hours: 82. following: (1) Type of review requested, Administration (NASA). Obtaining Copies of Proposals: e.g. new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of ACTION: Notice of request for comments Requesters may obtain a copy of the the collection; (4) Description of the regarding an extension to an existing information collection documents from need for, and proposed use of, the OMB clearance (9000–0033). the General Services Administration, FAR Secretariat (VR), 1800 F Street, information; (5) Respondents and SUMMARY: Under the provisions of the NW, Room 4035, Washington, DC frequency of collection; and (6) Paperwork Reduction Act of 1995 (44 20405, telephone (202) 501–4755. Please Reporting and/or Recordkeeping U.S.C. Chapter 35), the Federal cite OMB Control No. 9000–0033, burden. OMB invites public comment. Acquisition Regulation (FAR) Contractor’s Signature Authority, in all Dated: July 21, 2004. Secretariat will be submitting to the correspondence. Jeanne Van Vlandren, Office of Management and Budget Dated: July 20, 2004. Acting Leader, Regulatory Information (OMB) a request to review and approve Ralph J. De Stefano Management Group, Office of the Chief an extension of a currently approved Acting Director, Contract Policy Division. Information Officer. information collection requirement [FR Doc. 04–17066 Filed 7–26–04; 8:45 am] concerning contractor’s signature Institute of Education Sciences authority. The clearance currently BILLING CODE 6820–EP–S Type of Review: New. expires on October 31, 2004. Title: Reading First Impact Study. Public comments are particularly Frequency: Annually. invited on: Whether this collection of DEPARTMENT OF EDUCATION Affected Public: State, Local, or Tribal information is necessary for the proper Gov’t, SEAs or LEAs; Individuals or Submission for OMB Review; performance of functions of the FAR, household. Comment Request and whether it will have practical Reporting and Recordkeeping Hour utility; whether our estimate of the AGENCY: Department of Education. Burden: public burden of this collection of SUMMARY: The Acting Leader, Responses: 75,347. information is accurate, and based on Regulatory Information Management Burden Hours: 110,320. valid assumptions and methodology; Group, Office of the Chief Information Abstract: The Reading First Impact ways to enhance the quality, utility, and Officer invites comments on the Study is a five-year evaluation of the clarity of the information to be submission for OMB review as required effectiveness of the Reading First collected; and ways in which we can by the Paperwork Reduction Act of Program. This study will estimate the minimize the burden of the collection of 1995. impact of the program on student information on those who are to reading achievement through the use of respond, through the use of appropriate DATES: Interested persons are invited to a regression discontinuity design that technological collection techniques or submit comments on or before August compares Reading First schools with other forms of information technology. 26, 2004. non-Reading First schools. ADDRESSES: DATES: Submit comments on or before Written comments should Requests for copies of the submission September 27, 2004. be addressed to the Office of for OMB review; comment request may Information and Regulatory Affairs, ADDRESSES: Submit comments regarding be accessed from http:// Attention: Carolyn Lovett, Desk Officer, edicsweb.ed.gov, by selecting the this burden estimate or any other aspect Department of Education, Office of of this collection of information, ‘‘Browse Pending Collections’’ link and Management and Budget, 725 17th by clicking on link number 2556. When including suggestions for reducing this Street, N.W., Room 10235, New burden to the General Services you access the information collection, Executive Office Building, Washington, click on ‘‘Download Attachments’’ to Administration, FAR Secretariat (VR), DC 20503 or faxed to (202) 395–6974. 1800 F Street, NW, Room 4035, view. Written requests for information Washington, DC 20405. Please cite OMB SUPPLEMENTARY INFORMATION: Section should be addressed to U.S. Department Control No. 9000–0033, Contractor’s 3506 of the Paperwork Reduction Act of of Education, 400 Maryland Avenue, Signature Authority, in all 1995 (44 U.S.C. Chapter 35) requires SW., Potomac Center, 9th Floor, correspondence. that the Office of Management and Washington, DC 20202–4700. Requests Budget (OMB) provide interested may also be electronically mailed to the FOR FURTHER INFORMATION CONTACT Federal agencies and the public an early Internet address [email protected] or Gerald Zaffos, Contract Policy Division, opportunity to comment on information faxed to 202–245–6621. Please specify GSA, (202) 208–6091. collection requests. OMB may amend or the complete title of the information SUPPLEMENTARY INFORMATION: waive the requirement for public collection when making your request.

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Comments regarding burden and/or frequency of collection; and (6) DEPARTMENT OF EDUCATION the collection activity requirements Reporting and/or Recordkeeping should be directed to Kathy Axt at her burden. OMB invites public comment. Submission for OMB Review; Comment Request e-mail address [email protected]. Dated: July 21, 2004. Individuals who use a Jeanne Van Vlandren, AGENCY: Department of Education. telecommunications device for the deaf SUMMARY: The Acting Leader, (TDD) may call the Federal Information Acting Leader, Regulatory Information Management Group, Office of the Chief Regulatory Information Management Relay Service (FIRS) at 1–800–877– Information Officer. Group, Office of the Chief Information 8339. Institute of Education Sciences Officer invites comments on the [FR Doc. 04–16997 Filed 7–26–04; 8:45 am] submission for OMB review as required BILLING CODE 4000–01–P Type of Review: New. by the Paperwork Reduction Act of Title: The Professional Development 1995. Impact Study—Participating District DATES: DEPARTMENT OF EDUCATION Interested persons are invited to and School Screening Protocols. submit comments on or before August Submission for OMB Review; Frequency: One time. 26, 2004. Comment Request Affected Public: Not-for-profit ADDRESSES: Written comments should institutions. be addressed to the Office of AGENCY: Department of Education. Reporting and Recordkeeping Hour Information and Regulatory Affairs, SUMMARY: The Acting Leader, Burden: Attention: Alice Thaler, Desk Officer, Regulatory Information Management Responses: 179. Department of Education, Office of Group, Office of the Chief Information Burden Hours: 179. Management and Budget, 725 17th Officer invites comments on the Street, NW., Room 10222, New Abstract: The current OMB package submission for OMB review as required Executive Office Building, Washington, requests clearance for the instruments to by the Paperwork Reduction Act of DC 20503 or faxed to (202) 395–6974. 1995. be used in screening districts and schools for eligibility to participate in SUPPLEMENTARY INFORMATION: Section DATES: Interested persons are invited to the Professional Development Impact 3506 of the Paperwork Reduction Act of submit comments on or before August Study. To be eligible for the full study, 1995 (44 U.S.C. chapter 35) requires that 26, 2004. districts and schools must meet a list of the Office of Management and Budget ADDRESSES: Written comments should criteria that are designed to ensure that (OMB) provide interested Federal be addressed to the Office of the study sample is relevant to the agencies and the public an early Information and Regulatory Affairs, purposes of the study (e.g., are opportunity to comment on information Attention: Carolyn Lovett, Desk Officer, implementing one of two scientifically collection requests. OMB may amend or Department of Education, Office of based reading programs of interest in waive the requirement for public Management and Budget, 725 17th the study) and are relevant to current consultation to the extent that public Street, NW., Room 10235, New legislation such as the No Child Left participation in the approval process Executive Office Building, Washington, Behind (NCLB) Act (e.g., districts and would defeat the purpose of the DC 20503 or faxed to (202) 395–6974. schools serve high poverty students). information collection, violate State or Federal law, or substantially interfere SUPPLEMENTARY INFORMATION: Section Requests for copies of the submission with any agency’s ability to perform its 3506 of the Paperwork Reduction Act of for OMB review; comment request may statutory obligations. The Acting 1995 (44 U.S.C. chapter 35) requires that be accessed from http:// Leader, Regulatory Information the Office of Management and Budget edicsweb.ed.gov, by selecting the Management Group, Office of the Chief (OMB) provide interested Federal ‘‘Browse Pending Collections’’ link and Information Officer, publishes that agencies and the public an early by clicking on link number 2557. When notice containing proposed information opportunity to comment on information you access the information collection, collection requests prior to submission collection requests. OMB may amend or click on ‘‘Download Attachments’’ to of these requests to OMB. Each waive the requirement for public view. Written requests for information proposed information collection, consultation to the extent that public should be addressed to U.S. Department grouped by office, contains the participation in the approval process of Education, 400 Maryland Avenue, following: (1) Type of review requested, would defeat the purpose of the SW., Potomac Center, 9th Floor, e.g. new, revision, extension, existing or information collection, violate State or Washington, DC 20202–4700. Requests reinstatement; (2) Title; (3) Summary of Federal law, or substantially interfere may also be electronically mailed to the the collection; (4) Description of the with any agency’s ability to perform its Internet address [email protected] or need for, and proposed use of, the statutory obligations. The Acting faxed to 202–245–6621. Please specify information; (5) Respondents and Leader, Regulatory Information the complete title of the information frequency of collection; and (6) Management Group, Office of the Chief collection when making your request. Information Officer, publishes that Reporting and/or Recordkeeping Comments regarding burden and/or notice containing proposed information burden. OMB invites public comment. the collection activity requirements collection requests prior to submission should be directed to Kathy Axt at her Dated: July 21, 2004. of these requests to OMB. Each e-mail address [email protected]. Jeanne Van Vlandren, proposed information collection, Individuals who use a Acting Leader, Regulatory Information grouped by office, contains the telecommunications device for the deaf Management Group, Office of the Chief following: (1) Type of review requested, (TDD) may call the Federal Information Information Officer. e.g. new, revision, extension, existing or Relay Service (FIRS) at 1–800–877– reinstatement; (2) Title; (3) Summary of Office of the Undersecretary 8339. the collection; (4) Description of the Type of Review: New. need for, and proposed use of, the [FR Doc. 04–16998 Filed 7–26–04; 8:45 am] Title: Reading First Implementation information; (5) Respondents and BILLING CODE 4000–01–P Evaluation.

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Frequency: Biennially. the Office of Management and Budget children in early childhood special Affected Public: State, Local, or Tribal (OMB) provide interested Federal education. The study will inform Gov’t, SEAs or LEAs. agencies and the public an early special education policy development Reporting and Recordkeeping Hour opportunity to comment on information and support Government Performance Burden: collection requests. OMB may amend or and Results Act (GPRA) measurement Responses: 8,250. waive the requirement for public and Individuals with Disabilities Burden Hours: 4,125. consultation to the extent that public Education Act (IDEA) reauthorization Abstract: The proposed data participation in the approval process with data from parents, service collection is necessary to complete a would defeat the purpose of the providers, and teachers. national evaluation of Reading First. information collection, violate State or Requests for copies of the proposed The purpose of this evaluation is to Federal law, or substantially interfere information collection request may be assess how the Reading First program is with any agency’s ability to perform its accessed from http://edicsweb.ed.gov, being implemented in a nationally statutory obligations. The Acting by selecting the ‘‘Browse Pending representative sample of Reading First Leader, Regulatory Information Collections’’ link and by clicking on schools. The Reading Implementation Management Group, Office of the Chief link number 2590. When you access the Evaluation will use surveys of teachers, Information Officer, publishes that information collection, click on literacy coaches, and principals to notice containing proposed information ‘‘Download Attachments’’ to view. answer the evaluation questions. collection requests prior to submission Written requests for information should Requests for copies of the submission of these requests to OMB. Each be addressed to U.S. Department of for OMB review; comment request may proposed information collection, Education, 400 Maryland Avenue, SW., be accessed from http:// grouped by office, contains the Potomac Center, 9th Floor, Washington, edicsweb.ed.gov, by selecting the following: (1) Type of review requested, DC 20202–4700. Requests may also be ‘‘Browse Pending Collections’’ link and e.g. new, revision, extension, existing or electronically mailed to the Internet by clicking on link number 2546. When reinstatement; (2) Title; (3) Summary of address [email protected] or faxed to you access the information collection, the collection; (4) Description of the 202–245–6621. Please specify the click on ‘‘Download Attachments’’ to need for, and proposed use of, the complete title of the information view. Written requests for information information; (5) Respondents and collection when making your request. should be addressed to Department of frequency of collection; and (6) Comments regarding burden and/or Education, 400 Maryland Avenue, SW., Reporting and/or Recordkeeping the collection activity requirements Potomac Center, 9th Floor, Washington, burden. OMB invites public comment. should be directed to Sheila Carey at her DC 20202–4700. Requests may also be The Department of Education is e-mail address [email protected]. electronically mailed to the Internet especially interested in public comment Individuals who use a address [email protected] or faxed to addressing the following issues: (1) Is telecommunications device for the deaf 202–245–6623. Please specify the this collection necessary to the proper (TDD) may call the Federal Information complete title of the information functions of the Department; (2) will Relay Service (FIRS) at 1–800–877– collection when making your request. this information be processed and used 8339. Comments regarding burden and/or in a timely manner; (3) is the estimate [FR Doc. 04–17000 Filed 7–26–04; 8:45 am] the collection activity requirements of burden accurate; (4) how might the BILLING CODE 4000–01–P should be directed to Katrina Ingalls at Department enhance the quality, utility, her e-mail address and clarity of the information to be [email protected]. Individuals who collected; and (5) how might the DEPARTMENT OF ENERGY use a telecommunications device for the Department minimize the burden of this deaf (TDD) may call the Federal collection on the respondents, including Environmental Management Site- Information Relay Service (FIRS) at 1– through the use of information Specific Advisory Board, Oak Ridge 800–877–8339. technology. Reservation [FR Doc. 04–16999 Filed 7–26–04; 8:45 am] Dated: July 21, 2004. AGENCY: Department of Energy. BILLING CODE 4000–01–P Jeanne Van Vlandren, ACTION: Notice of open meeting. Acting Leader, Regulatory Information Management Group, Office of the Chief SUMMARY: This notice announces a DEPARTMENT OF EDUCATION Information Officer. meeting of the Environmental Management Site-Specific Advisory Notice of Proposed Information Office of Special Education and Rehabilitative Services Board (EM SSAB), Oak Ridge. The Collection Requests Federal Advisory Committee Act (Pub. Type of Review: Extension. L. 92–463, 86 Stat. 770) requires that AGENCY: Department of Education. Title: Pre-Elementary Education SUMMARY: The Acting Leader, public notice of these meetings be Longitudinal Study (PEELS). announced in the Federal Register. Regulatory Information Management Frequency: Varies. DATES: Saturday, August 7, 2004, 8 Group, Office of the Chief Information Affected Public: Individuals or a.m.–5 p.m. Officer, invites comments on the household; Not-for-profit institutions; proposed information collection State, Local, or Tribal Gov’t, SEAs or ADDRESSES: DOE Information Center, requests as required by the Paperwork LEAs. 475 Oak Ridge Turnpike, Oak Ridge, Reduction Act of 1995. Reporting and Recordkeeping Hour TN. DATES: Interested persons are invited to Burden: FOR FURTHER INFORMATION CONTACT: Pat submit comments on or before Responses: 6,398. Halsey, Federal Coordinator, September 27, 2004. Burden Hours: 4,327. Department of Energy Oak Ridge SUPPLEMENTARY INFORMATION: Section Abstract: PEELS will provide the first Operations Office, P.O. Box 2001, EM– 3506 of the Paperwork Reduction Act of national picture of experiences and 90, Oak Ridge, TN 37831. Phone (865) 1995 (44 U.S.C. chapter 35) requires that outcomes of three to five year old 576–4025; Fax (865) 576–5333 or e-mail:

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[email protected] or check the Web prior to the meeting and reasonable yard at Portsmouth (if required) for the site at www.oakridge.doe.gov/em/ssab. provision will be made to include the ETTP cylinders; transportation of SUPPLEMENTARY INFORMATION: presentation in the agenda. The Deputy depleted uranium conversion products Purpose of the Board: The purpose of Designated Federal Officer is and waste materials to a disposal the Board is to make recommendations empowered to conduct the meeting in a facility; transportation and sale of the to DOE in the areas of environmental fashion that will facilitate the orderly aqueous hydrogen fluoride (HF) restoration, waste management, and conduct of business. Each individual produced as a conversion co-product; related activities. wishing to make public comment will and neutralization of aqueous HF to be provided a maximum of five minutes calcium fluoride (CaF2) and its sale or Tentative Agenda to present their comments. This Federal disposal in the event that the aqueous 8 a.m.—Introductions, overview of Register notice is being published less HF product is not sold. An option of meeting agenda and logistics (Dave than 15 days prior to the meeting due shipping the ETTP cylinders to the Mosby) to programmatic issues that had to be Paducah, Kentucky, site has also been 8:15 a.m.—Past year evaluation—Board resolved prior to the meeting date. considered, as has an option of and stakeholder survey results, Minutes: Minutes of this meeting will expanding operations by increasing what worked, what can be be available for public review and throughput (through efficiency improved (Facilitator) copying at the Department of Energy’s improvements or by adding a fourth 9:50 a.m.—Break Information Center at 475 Oak Ridge conversion line) or by extending the 10:05 a.m.—Past year evaluation Turnpike, Oak Ridge, TN between 8 period of operation. A similar EIS was continued a.m. and 5 p.m. Monday through Friday, issued concurrently for construction 10:45 a.m.—Summaries and Q&A on the or by writing to Pat Halsey, Department and operation of a DUF6 conversion most important issues to DOE, TN of Energy Oak Ridge Operations Office, facility at DOE’s Paducah site (DOE/ Department of Environment & P.O. Box 2001, EM–90, Oak Ridge, TN EIS–0359). Conservation, and EPA (Facilitator) 37831, or by calling her at (865) 576– DOE has decided to construct and 11:30 a.m.—Lunch 4025. operate the conversion facility in the 12:30 p.m.—Environmental Issued at Washington, DC, on July 20, west-central portion of the Portsmouth Management Committee (Luther 2004. site, the preferred alternative identified Gibson) Rachel M. Samuel, in the FEIS as Location A. • Accomplishments and impacts Deputy Advisory Committee Management Groundbreaking for construction of the • Review FY 2004 Work Plan Officer. facility will commence on or before July • Identify issues for FY 2005 [FR Doc. 04–17049 Filed 7–26–04; 8:45 am] 31, 2004, as anticipated by Public Law • Assignment of new issues/issues BILLING CODE 6450–01–P (Pub. L.) 107–206. Cylinders currently managers stored at the ETTP site will be shipped 1:30 p.m.—Stewardship Committee to Portsmouth; a new cylinder yard will (Ben Adams) DEPARTMENT OF ENERGY be constructed, if necessary, based on • the availability of storage yard space Accomplishments and impacts Record of Decision for Construction • when the cylinders are received. The Review FY 2004 Work Plan and Operation of a Depleted Uranium • aqueous HF produced during Identify issues for FY 2005 Hexafluoride Conversion Facility at the • conversion will be sold for use, pending Assignment of new issues/issues Portsmouth, OH, Site managers approval of authorized release limits, as appropriate. 2:30 p.m.—Break AGENCY: Department of Energy. 2:45 p.m.—Public Outreach Committee ACTION: Record of decision. ADDRESSES: The FEIS and this Record of Decision (ROD) are available on the (Committee Chair) SUMMARY: The Department of Energy DOE National Environmental Policy Act • Accomplishments and impacts (DOE) prepared a Final Environmental (NEPA) Web site at http:// • Review FY 2004 Work Plan Impact Statement for Construction and www.eh.doe.gov/nepa and on the • Identify issues for FY 2005 Operation of a Depleted Uranium Depleted UF Management Information 3:15 p.m.—Board Finance Committee Hexafluoride Conversion Facility at the 6 Network Web site at http:// (Kerry Trammell) Portsmouth, Ohio, Site (FEIS) (DOE/ web.ead.anl.gov/uranium. Copies of the • EIS–0360). The FEIS Notice of Accomplishments and impacts FEIS and this ROD may be requested by • Availability was published by the U.S. Review FY 2004 Work Plan e-mail at [email protected], by toll- • Environmental Protection Agency (EPA) Identify issues for FY 2005 free telephone at 1–866–530–0944, by in the Federal Register (69 FR 34161) on 3:45 p.m.—Convene Board meeting to toll-free fax at 1–866–530–0943, or by June 18, 2004. In the FEIS, DOE elect officers and conduct other contacting Gary S. Hartman, Oak Ridge considered the potential environmental business as needed Operations Office, U.S. Department of impacts from the construction, • Energy, SE–30–1, P.O. Box 2001, Oak Public Comment Period operation, maintenance, and Ridge, Tennessee 37831. 4:45 p.m.—Set date for next retreat and decontamination and decommissioning adjourn (D&D) of the proposed depleted FOR FURTHER INFORMATION CONTACT: For Public Participation: The meeting is uranium hexafluoride (DUF6) information on the conversion facility open to the public. Written statements conversion facility at three alternative construction and operation, contact may be filed with the Committee either locations within the Portsmouth site, Gary Hartman at the address listed before or after the meeting. Individuals including transportation of cylinders above. For general information on the who wish to make oral statements (DUF6, normal and enriched UF6, and DOE NEPA process, contact Carol pertaining to agenda items should empty) currently stored at the East Borgstrom, Director, Office of NEPA contact Pat Halsey at the address or Tennessee Technology Park (ETTP) near Policy and Compliance (EH–42), U.S. telephone number listed above. Oak Ridge, Tennessee, to Portsmouth; Department of Energy, 1000 Requests must be received five days construction of a new cylinder storage Independence Avenue, SW.,

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Washington, DC 20585, 202–586–4600, Congress enacted two laws that II. Purpose and Need for Agency Action or leave a message at 1–800–472–2756. directly addressed DOE’s management DOE needs to convert its inventory of SUPPLEMENTARY INFORMATION: of its DUF6 inventory. The first law, DUF6 to more stable chemical form(s) Pub. L. 105–204, signed by the President I. Background for use or disposal. This need follows in July 1998, required the Secretary of directly from (1) the decision presented The United States has produced DUF 6 Energy to prepare a plan to commence in the August 1999 ROD for the PEIS, since the early 1950s as part of the construction of, no later than January namely, to begin conversion of the DUF process of enriching natural uranium for 6 31, 2004, and to operate an on-site inventory as soon as possible, and (2) both civilian and military applications. facility at each of the GDPs at Paducah, Pub. L. 107–206, which directs DOE to Production took place at three gaseous Kentucky, and Portsmouth, Ohio, to award a contract for construction and diffusion plants (GDPs), first at the K– treat and recycle DUF6, consistent with operation of conversion facilities at both 25 site (now called ETTP) at Oak Ridge, NEPA. The second law, Pub. L. 107– the Paducah site and the Portsmouth Tennessee, and subsequently at 206, signed by the President on August site. Paducah, Kentucky, and Portsmouth, 2, 2002, required that no later than 30 Ohio. The K–25 plant ceased days after enactment, DOE must award III. Alternatives enrichment operations in 1985, and the a contract for the scope of work No Action Alternative. Under the no Portsmouth plant ceased enrichment described in its Request for Proposals action alternative, conversion would not operations in 2001. The Paducah GDP (RFP) issued in October 2000 for the occur. Current cylinder management continues to operate. design, construction, and operation of a activities (handling, inspection, Approximately 250,000 t (275,000 DUF6 conversion facility at each of the monitoring, and maintenance) would tons) of DUF is presently stored in 6 Department’s Paducah, Kentucky, and about 16,000 cylinders at Portsmouth continue: Thus the status quo would be Portsmouth, Ohio, gaseous diffusion and about 4,800 cylinders at ETTP. The maintained at Portsmouth and ETTP majority of the cylinders weigh sites. It also stipulated that the contract indefinitely. approximately 12 t (14 tons) each, are 48 require groundbreaking for construction Action Alternatives. The proposed inches (1.2 m) in diameter, and are to occur no later than July 31, 2004, at action evaluated in the FEIS is to stored on outside pads. DOE has been both sites. construct and operate a conversion looking at alternatives for managing this In response to these laws, DOE issued facility at the Portsmouth site for inventory. Also in storage are 3,200 the Final Plan for the Conversion of conversion of the Portsmouth and ETTP cylinders at Portsmouth and 1,100 Depleted Uranium Hexafluoride as DUF6 inventories into depleted uranium cylinders at ETTP that contain enriched Required by Public Law 105–204 in July oxide (primarily triuranium octaoxide [U3O8]) and other conversion products. UF6 or normal UF6 (collectively called 1999, and awarded a contract to The FEIS review is based on the ‘‘non-DUF6’’ cylinders) or are empty. Uranium Disposition Services (UDS) for conceptual conversion facility design [The non-DUF6 cylinders would not be construction and operation of two processed in the conversion facility.] conversion facilities on August 29, proposed by the selected contractor, The Portsmouth FEIS considers the 2002, consistent with NEPA. UDS. The UDS dry conversion process shipment of all ETTP cylinders to is a continuous process in which DUF6 On September 18, 2001, DOE is vaporized and converted to a mixture Portsmouth, as well as the management published a Notice of Intent (NOI) in the of both the Portsmouth and ETTP non- of uranium oxides (primarily U3O8) by Federal Register (66 FR 48123) reaction with steam and hydrogen in a DUF6 cylinders at Portsmouth. announcing its intention to prepare an As a first step, DOE evaluated fluidized-bed conversion unit. The EIS for the proposed action to construct, potential broad management options for hydrogen is generated from anhydrous operate, maintain, and decontaminate its DUF inventory in a Programmatic ammonia (NH3). The depleted U3O8 6 and decommission two DUF Environmental Impact Statement for 6 powder is collected and packaged for conversion facilities: One at Portsmouth Alternative Strategies for the Long-Term disposition in bulk bags (large-capacity, and one at Paducah. Following the Management and Use of Depleted strong, flexible bags) or the emptied enactment of Pub. L. 107–206, DOE Uranium Hexafluoride (DUF PEIS) cylinders to the extent practicable. 6 reevaluated the appropriate scope of its (DOE/EIS–0269) issued in April 1999. In Equipment would also be installed to site-specific NEPA review and decided the PEIS Record of Decision (64 FR collect the aqueous HF (also called HF to prepare two separate EISs, one for the 43358, August 10, 1999), DOE decided acid) co-product and process it into HF plant proposed for the Paducah site and to promptly convert the DUF6 inventory at concentrations suitable for to a more stable uranium oxide form a second for the Portsmouth site. This commercial resale. A backup HF acid and stated that it would use the change in approach was announced in neutralization system would convert up the Federal Register on April 28, 2003 depleted uranium oxide as much as to 100% of the HF acid to CaF2 for sale possible and store the remaining (68 FR 22368). or disposal in the future, if necessary. depleted uranium oxide for potential The two draft conversion facility EISs The conversion products would be future uses or disposal, as necessary. In were mailed to stakeholders in late transported to a disposal facility or to addition, DOE would convert DUF6 to November 2003, and a Notice of users by truck or rail. The conversion depleted uranium metal, but only if uses Availability was published by the EPA facility will be designed with three for metal were available. DOE did not in the Federal Register on November 28, parallel processing lines to convert select specific sites for the conversion 2003 (68 FR 66824). Comments on the 13,500 t (15,000 tons) of DUF6 per year, facilities but reserved that decision for draft EISs were accepted during a 67- requiring 18 years to convert the subsequent NEPA review. Today’s day review period that ended on Portsmouth and ETTP inventories. Record of Decision announces the February 2, 2004. DOE considered these Three alternative locations within the outcome of that site-specific NEPA comments and prepared two FEISs. The site were evaluated, Locations A review. DOE is also issuing today a Notice of Availability for the two FEISs (preferred), B, and C. The proposed separate but related ROD announcing was published by the EPA in the action includes the transportation of the the siting of a DUF6 conversion facility Federal Register (69 FR 34161) on June cylinders currently stored at the ETTP at Paducah, Kentucky. 18, 2004. site to Portsmouth. In addition, an

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option of transporting the ETTP impacts and risks from on-site handling Transportation by rail would tend to cylinders to Paducah was considered, as and disposal at an LLW disposal facility cause fewer impacts than by truck was an option of expanding conversion has been deferred to the disposal site’s primarily because of exhaust emissions facility operations. site-specific NEPA or licensing from the trucks and the higher number Alternative Location A (Preferred documents. While the FEIS presents the of shipments for trucks than for rail. The Alternative). Location A is the preferred impacts from transporting the DUF6 option of converting the aqueous HF to location identified in the FEIS for the conversion products to both the CaF2 and transporting the CaF2 to a conversion facility and is located in the Envirocare of Utah, Inc., facility and the disposal facility would result in west-central portion of the site, Nevada Test Site (NTS), DOE plans to increased shipments. The impacts encompassing 26 acres (10 ha). This decide the specific disposal location(s) associated with transportation of location has three existing structures for the depleted U3O8 conversion uranium oxide product to a disposal that were formerly used to store product after additional NEPA review, facility in the western United States by containerized lithium hydroxide as necessary. Accordingly, DOE will truck would be about the same if bulk monohydrate. The site was rough continue to evaluate its disposal options bags are used or two filled cylinders are graded, and storm water ditch systems and will consider any further loaded onto a truck. If only one cylinder were installed. This location was information or comments relevant to is loaded onto a truck, the impacts identified in the RFP for conversion that decision. DOE will give a minimum would be higher because of the services as the site for which bidders 45-day notice before making its specific increased number of shipments. were to design their proposed facilities. disposal decision and will provide any Human Health and Safety— Alternative Location B. Location B is additional NEPA analysis for public Accidents. DOE has extensive in the southwestern portion of the site review and comment. experience in safely storing, handling, and encompasses approximately 50 The following alternatives were and transporting cylinders containing acres (20 ha). The site has two existing considered but not analyzed in detail in UF6 (depleted, normal, or enriched). In structures built as part of the gas the FEIS: Use of Commercial Conversion addition, the chemicals used or centrifuge enrichment project that was Capacity, Sites Other Than Portsmouth, generated at the conversion facility are begun in the early 1980s and was Alternative Conversion Processes, Long- commonly used for industrial terminated in 1985. USEC is currently Term Storage and Disposal Alternatives, applications in the United States, and in the process of developing and Transportation Modes Other Than there are well-established accident demonstrating an advanced enrichment Truck and Rail, and One Conversion prevention and mitigative measures for technology based on gas centrifuges. A Plant Alternative. their storage and transportation. license for a lead test facility to be Under all alternatives, it is possible operated at the Portsmouth site was IV. Summary of Environmental Impacts that accidents could release radiation or issued by the U.S. Nuclear Regulatory The FEIS evaluated potential impacts chemicals to the environment, Commission (NRC) in February 2004. from the range of alternatives described potentially affecting both the workers The lead facility would be located in the above. The impact areas included and members of the general public. It is existing gas centrifuge buildings within human health and safety, air quality, also possible that, similar to other Location B. In addition, USEC noise, water and soil, socioeconomics, industrial facilities, workers could be announced in January 2004 that it ecological resources, waste injured or killed as a result of on-the-job planned to site its American Centrifuge management, resource requirements, accidents unrelated to radiation or Facility at Portsmouth, although it did land use, cultural resources, chemical exposure. Similarly, during not identify an exact location. environmental justice, and cumulative transportation of materials, both crew Therefore, Location B might not be impacts. In general, the impacts are low members and members of the public available for construction of the for both the no action and the proposed may be injured or killed as a result of conversion facility. action alternatives. Among the three traffic accidents. Alternative Location C. Location C is alternative locations considered at the Three kinds of accidents have the in the southeastern portion of the site Portsmouth site for the conversion largest possible consequences: (1) Those and has an area of about 78 acres (31 facility, there are no major differences in involving the DUF6 cylinders during ha). This location consists of a level to impacts that would make one location storage and handling under all very gently rolling grass field. It was clearly environmentally preferable. The alternatives, (2) those involving graded during the construction of the discussion below summarizes the chemicals used or generated by the Portsmouth site and has been results of the FEIS impact analyses, conversion process at the conversion maintained as grass fields since then. highlighting the differences among the site (in particular NH3 and aqueous HF) Under the action alternatives, DOE alternatives. under the action alternatives, and (3) evaluated the impacts from packaging, Human Health and Safety—Normal those occurring during transportation of handling, and transporting depleted Operations and Transportation. Under chemicals and cylinders under the uranium oxide conversion product all alternatives, it is estimated that action alternatives, The severity of the (primarily U3O8) from the conversion potential exposures of workers and consequences from such accidents facility to a low-level waste (LLW) members of the general public to would depend on weather conditions at disposal facility that would be (1) radiation and chemicals would be well the time of the accident, and, in the case selected in a manner consistent with within applicable public health of the transportation accidents, the DOE policies and orders and (2) standards and regulations. UDS would location of the accident, and could be authorized to receive the conversion confirm, prior to conversion or at the significant. However, those accidents products by DOE (in conformance with initiation of the conversion operations, would have a low estimated probability DOE orders), or licensed by the NRC (in that polychlorinated biphenyl (PCB) of occurring, making the risk low. (Risk conformance with NRC regulations), or releases to the workplace from the paint is determined by multiplying the an NRC Agreement State agency (in coating of some cylinders manufactured consequences by the probability of conformance with state laws and prior to 1978 would be within occurrence). regulations determined to be equivalent applicable Occupational Safety and Under the no action alternative, the to NRC regulations). Assessment of the Health Administration (OSHA) limits. risks associated with cylinder storage

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and handling would continue to exist as vegetation communities in the disturbed Conversion Product Sale and Use. long as the cylinders are there. area would be impacted by a loss of The conversion of the DUF6 inventory However, under the action alternatives, habitat, impacts could be minimized produces products having some the risks associated with both the (e.g., by appropriate placement of the potential for reuse. These products cylinder accidents and the chemical facility within each location), and include aqueous HF and CaF2, which accidents would decline over time and negligible long-term impacts to are commonly used as commercial disappear at the completion of the vegetation and wildlife are expected at materials. DOE is currently pursuing the conversion project. all locations. Impacts to wetlands could establishment of authorization limits In comparing truck versus rail be minimized, depending on where (allowable concentration limits of transportation, even though the exactly the facility was placed within uranium) in these products to be able to consequences of rail accidents are each location and by maintaining a free-release them to commercial users. generally higher (because of the larger buffer near adjacent wetlands during In addition, there is a small potential for cargo load per railcar than per truck), construction. During construction, trees reuse of the depleted uranium oxide the accident probabilities tend to be with exfoliating bark (such as shagbark product. lower for railcars than for trucks. As a hickory or dead trees with loose bark) D&D Activities. D&D impacts would result, the risks of accidents would be that can be used by the Indiana bat be primarily from external radiation to about the same under either option. (federal- and state-listed as endangered) involved workers and would be a small Air Quality and Noise. Under the as roosting trees during the summer fraction of allowable doses. Wastes action alternatives, the total (modeled would be saved if possible. generated during D&D operations would plus background value) concentrations Waste Management. Under the action be disposed of in an appropriate due to emissions of most criteria alternatives, waste generated during disposal facility and would result in low pollutants—such as sulfur dioxide, construction and operations would have impacts in comparison with projected nitrogen oxides, and carbon monoxide— negligible impacts on the Portsmouth site annual generation volumes. would be well within applicable air site waste management operations, with Cumulative Impacts. The FEIS quality standards. For construction, the the exception of possible impacts from analyses indicated that no significant primary concern would be particulate cumulative impacts at either the disposal of CaF . If the aqueous HF were matter (PM) released from near-ground- 2 Portsmouth or the ETTP site and its not sold but instead neutralized to CaF , level sources. Total concentrations of 2 vicinity would be anticipated due to the it is currently unknown whether (1) the PM and PM (PM with an incremental impacts of the proposed 10 2.5 CaF could be sold, (2) the low uranium aerodynamic diameter of 10 µm or less 2 action when added to other past, content would allow the CaF to be and 2.5 µm or less, respectively) at the 2 present, and reasonably foreseeable disposed of as nonhazardous solid construction site boundaries would be future actions. waste, or (3) disposal as LLW would be close to or above the standards because Option of Expanding Conversion required. The low level of uranium of the high background concentrations. Facility Operations. The throughput of contamination expected (i.e., less than 1 On the basis of maximum background the Portsmouth facility could be values from 5 years of monitoring at the ppm) suggests that sale or disposal as increased either by making process nearest monitoring station, exceedance nonhazardous solid waste would be efficiency improvements or by adding most likely. Waste management for of the annual PM2.5 standard would be an additional (fourth) process line. The unavoidable because the background disposal as nonhazardous waste could addition of a fourth process line at the concentration already exceeds the be handled through appropriate Portsmouth facility would require the standard. Construction activities would planning and design of the facilities. If installation of additional plant be conducted so as to minimize further the CaF2 had to be disposed of as LLW, equipment and would result in a impacts on ambient air quality. it could represent a potentially large nominal 33% increase in throughput Water and Soil. During construction impact on waste management compared with the current base design. of the conversion facility, operations. This throughput increase would reduce concentrations of any potential The U3O8 produced during the time necessary to convert the contaminants in soil, surface water, or conversion would amount to about 5% Portsmouth and ETTP DUF6 inventories groundwater would be kept well within of Portsmouth’s annual projected LLW by about 5 years. The construction applicable standards or guidelines by volume. impacts presented in the FEIS would be implementing storm water management, Cylinder Preparation at ETTP. The the same if a fourth line was added, sediment and erosion controls, and good cylinders at ETTP will require because the analyses in the FEIS used a construction practices. During preparation for shipment by either truck footprint sized to accommodate four operations, no impacts would be or rail. Three cylinder preparation process lines. In general, a 33% increase expected because no contaminated options were considered for the in throughput would not result in liquid effluents are anticipated. shipment of noncompliant cylinders: significantly greater environmental Socioeconomics. Under the action cylinder overpacks, shipping ‘‘as-is’’ impacts during operations than with alternatives, construction and operation under a U.S. Department of three parallel lines. Although annual of the conversion facility would create Transportation (DOT) exemption, and impacts in certain areas might increase more jobs and personal income in the use of a cylinder transfer facility (there up to 33% (proportional to the vicinity of the Portsmouth site than are no current plans to build such a throughput increase), the estimated would be possible under the no action facility at ETTP). The operational annual impacts during operations alternative. The number of jobs would impacts (e.g., storage, handling, and would remain well within applicable be approximately 190 direct and 280 maintenance of cylinders) from any of guidelines and regulations, with total during construction, and 160 direct the options would be small and limited collective and cumulative impacts being and 320 total during operations. primarily to external radiation exposure quite low. Ecology. For the action alternatives, of involved workers. If a decision was The conversion facility operations the total area disturbed during made to construct and operate a transfer could be extended to process any conversion facility construction would facility at ETTP in the future, additional additional DUF6 for which DOE might be up to 65 acres (26 ha). Although NEPA review would be conducted. assume responsibility by operating the

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facility longer than the currently VI. Comments on Final EIS availability of storage yard space when anticipated 18 years. With routine the cylinders are received. The Final EIS was mailed to facility and equipment maintenance and • All shipments to and from the sites, stakeholders in early June 2004, and the including the shipment of UF cylinders periodic equipment replacements or EPA issued a Notice of Availability in 6 upgrades, it is believed that the (DUF6 and non-DUF6) currently stored the Federal Register on June 18, 2004. at ETTP to Portsmouth, will be conversion facility could be operated The entire document was also made safely beyond this time period. If conducted by either truck or rail, as available on the World Wide Web. Two appropriate. Cylinders will be shipped operations were extended beyond 18 comment letters were received on the years and if the operational in a manner that is consistent with DOT DUF6 Conversion Facility Final EISs. regulations for the transportation of UF6 characteristics (e.g., estimated releases The State of Nevada indicated that it of contaminants to air and water) of the cylinders. had no comments on the Final EISs and • Although efficiency improvements facility remained unchanged, it is that the proposal was not in conflict can be accomplished, which would expected that the annual impacts would with state plans, goals, or objectives. increase the conversion facility’s be essentially unchanged. The U.S. Environmental Protection throughput and decrease the operational V. Environmentally Preferred Agency, Region 5 in Chicago, stated that period, DOE has decided not to add the Alternative the Portsmouth Final EIS adequately fourth processing line to the conversion address its concerns, and that it concurs facility at this time. In general, the FEIS shows greater with the Preferred Alternative and has • Current cylinder management impacts for the no action alternative no further concerns. activities (handling, inspection, than for the proposed action of Decision monitoring, and maintenance) will constructing and operating the continue, consistent with the Depleted conversion facility mainly because of I. Bases for the Decision Uranium Hexafluoride Management the relatively higher radiation exposures DOE considered potential Plan included in the Ohio EPA of the workers from the cylinder environmental impacts as identified in Director’s final findings and orders management operations and cylinder the FEIS (including the information effective February 1998 and March yards and because the cylinders and contained in the classified appendix); 2004, which cover actions needed to associated risk would remain if no cost; applicable regulatory meet safety and environmental action occurred. However, considering requirements; Congressional direction requirements, until conversion could be the uncertainties in the impact estimates accomplished. as included in Pub. L. 105–204 and Pub. • and the magnitude of the impacts, the L. 107–206; agreements among DOE and The aqueous HF produced during differences are not considered to be the States of Ohio, Tennessee, and conversion will be sold for use, pending significant. The no action alternative Kentucky concerning the management approval of authorized release limits as appropriate. If necessary, CaF2 will be has the potential for groundwater of DUF6 currently stored at the contamination with uranium over the Portsmouth, ETTP, and Paducah sites, produced and reused, pending approval long-term; this adverse impact is not respectively; and public comments in of authorized release limits, or disposed anticipated under the proposed action arriving at its decision. In deciding of as appropriate. • The depleted U O conversion alternatives. Beneficial socioeconomic among the three alternative locations at 3 8 product will be reused to the extent impacts would be higher for the action the Portsmouth site for the conversion possible or packaged for disposal in alternatives than for the no action facility, DOE considered environmental emptied cylinders at an appropriate alternative. factors, site preparation requirements disposal facility. DOE plans to decide affecting construction, availability of The impacts associated with the specific disposal location(s) for the utilities, proximity to cylinder storage transportation of materials among sites depleted U O conversion product after areas, and potential impacts to current 3 8 would be comparable whether the additional appropriate NEPA review. or planned site operations. DOE has transportation is by truck or rail. Accordingly, DOE will continue to determined that Location A is the best evaluate its disposal options and will With all alternatives, there is the alternative. DOE believes that the consider any further information or potential for some high-consequence decision identified below best meets its comments relevant to that decision. accidents to occur. The risks associated programmatic goals and is consistent DOE will give a minimum 45-day notice with such accidents can only be with all the regulatory requirements and before making the specific disposal completely eliminated when the public laws. conversion of the DUF6 inventory has decision and will provide any been completed. II. Decision supplemental NEPA analysis for public review and comment. Although there are some differences DOE has decided to implement the in impacts among the three alternative actions described in the preferred III. Mitigation locations for the conversion facility, alternative from the FEIS at Location A. On the basis of the analyses these differences are small and well This decision includes the following conducted for the FEIS, the DOE will within the uncertainties associated with actions: adopt all practicable measures, which the methods used to estimate impacts. • DOE will construct and operate the are described below, to avoid or In general, because of the relatively conversion facility at Location A within minimize adverse environmental small risks that would result under all the Portsmouth site. Construction will impacts that may result from alternatives and the absence of any clear commence on or before July 31, 2004, as constructing and operating a conversion basis for discerning an environmental intended by Congress in Pub. L. 107– facility at Location A. These measures preference, DOE concludes that no 206. are either explicitly part of the single alternative analyzed in depth in • DUF6 cylinders currently stored at alternative or are already performed as the FEIS is clearly environmentally ETTP will be shipped to Portsmouth for part of routine operations. preferable compared to the other conversion; a new cylinder yard will be • The conversion facility will be alternatives. constructed, if necessary, based on the designed, constructed, and operated in

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accordance with the comprehensive set decontamination and decommissioning I. Background of DOE requirements and applicable (D&D) of the proposed depleted The United States has produced DUF6 regulatory requirements that have been uranium hexafluoride (DUF6) since the early 1950s as part of the established to protect public health and conversion facility at three alternative process of enriching natural uranium for the environment. These requirements locations within the Paducah site, both civilian and military applications. encompass a wide variety of areas, including transportation of depleted Production took place at three gaseous including radiation protection, facility uranium conversion products and waste diffusion plants (GDPs), first at the K– design criteria, fire protection, materials to a disposal facility; 25 site (now called ETTP) at Oak Ridge, emergency preparedness and response, transportation and sale of the aqueous Tennessee, and subsequently at and operational safety requirements. hydrogen fluoride (HF) produced as a • Paducah, Kentucky, and Portsmouth, Cylinder management activities will conversion co-product; and Ohio. The K–25 plant ceased be conducted in accordance with neutralization of aqueous HF to calcium enrichment operations in 1985, and the applicable DOE safety and fluoride (CAF2) and its sale or disposal Portsmouth plant ceased enrichment environmental requirements, including in the event that the aqueous HF operations in 2001. The Paducah GDP the Cylinder Management Plan. product is not sold. An option of • continues to operate. Temporary impacts on air quality shipping the East Tennessee Technology Approximately 440,000 t (484,000 from fugitive dust emissions during Park (ETTP) cylinders to the Paducah tons) of DUF6 is presently stored at reconstruction of cylinder yards or site has also been considered, as has an Paducah in about 36,200 cylinders. The construction of any new facility will be option of expanding operations by majority of the cylinders weigh controlled by the best available increasing efficiency or extending the approximately 12 t (14 tons) each, are 48 practices, as necessary, to comply with period of operation. A similar EIS was inches (1.2 m) in diameter, and are the established standards for PM10 and issued concurrently for construction stored on outside pads. DOE has been PM2.5. and operation of a DUF6 conversion looking at alternatives for managing this • During construction, impacts to facility at DOE’s Portsmouth, Ohio, site inventory. Also in storage at Paducah water quality and soil will be (DOE/EIS–0360). are approximately 1,940 cylinders of minimized through implementing storm DOE has decided to construct and various sizes that contain enriched UF water management, sediment and 6 operate the conversion facility in the or normal UF (collectively called ‘‘non- erosion controls, and good construction 6 south-central portion of the Paducah DUF ’’ cylinders) or are empty. [The practices consistent with the Soil, 6 site, the preferred alternative identified non-DUF cylinders would not be Erosion, and Sediment Control Plan and 6 in the FEIS as Location A. processed in the conversion facility.] Construction Management Plan. Groundbreaking for construction of the As a first step, DOE evaluated • If live trees with exfoliating bark are facility will commence on or before July potential broad management options for encountered on construction areas, they 31, 2004, as anticipated by Public Law its DUF inventory in a Programmatic will be saved if possible to avoid 6 (Pub. L.) 107–206. The aqueous HF Environmental Impact Statement for destroying potential habitat for the produced during conversion will be Alternative Strategies for the Long-Term Indiana bat. sold for use, pending approval of Management and Use of Depleted Issued in Washington, DC, this 20th day of authorized release limits, as Uranium Hexafluoride (DUF6 PEIS) July, 2004. appropriate. (DOE/EIS–0269) issued in April 1999. In Paul M. Golan, ADDRESSES: The FEIS and this Record of the PEIS Record of Decision (64 FR Principal Deputy Assistant Secretary for 43358, August 10, 1999), DOE decided Environmental Management. Decision (ROD) are available on the DOE National Environmental Policy Act to promptly convert the DUF6 inventory [FR Doc. 04–17048 Filed 7–26–04; 8:45 am] (NEPA) Web site at http:// to a more stable uranium oxide form BILLING CODE 6450–01–P www.eh.doe.gov/nepa and on the and stated that it would use the depleted uranium oxide as much as Depleted UF6 Management Information possible and store the remaining DEPARTMENT OF ENERGY Network Web site at http:// web.ead.anl.gov/uranium. Copies of the depleted uranium oxide for potential FEIS and this ROD may be requested by future uses or disposal, as necessary. In Record of Decision for Construction addition, DOE would convert DUF to and Operation of a Depleted Uranium e-mail at [email protected], by toll- 6 free telephone at 1–866–530–0944, by depleted uranium metal, but only if uses Hexafluoride Conversion Facility at the for metal were available. DOE did not Paducah, KY, Site toll-free fax at 1–866–530–0943, or by contacting Gary S. Hartman, Oak Ridge select specific sites for the conversion AGENCY: Department of Energy. Operations Office, U.S. Department of facilities but reserved that decision for ACTION: Record of decision. Energy, SE–30–1, P.O. Box 2001, Oak subsequent NEPA review. Today’s Ridge, Tennessee 37831. Record of Decision announces the SUMMARY: The Department of Energy outcome of that site-specific NEPA (DOE) prepared a Final Environmental FOR FURTHER INFORMATION CONTACT: For review. DOE is also issuing today a Impact Statement for Construction and information on the conversion facility separate but related ROD announcing construction and operation, contact Operation of a Depleted Uranium the siting of a DUF6 conversion facility Hexafluoride Conversion Facility at the Gary Hartman at the address listed at Portsmouth, Ohio. Paducah, Kentucky, Site (FEIS) (DOE/ above. For general information on the Congress enacted two laws that EIS–0359). The FEIS Notice of DOE NEPA process, contact Carol directly addressed DOE’s management Borgstrom, Director, Office of NEPA Availability was published by the U.S. of its DUF6 inventory. The first law, Environmental Protection Agency (EPA) Policy and Compliance (EH–42), U.S. Public Law 105–204, signed by the in the Federal Register (69 FR 34161) on Department of Energy, 1000 President in July 1998, required the June 18, 2004. In the FEIS, DOE Independence Avenue, SW., Secretary of Energy to prepare a plan to considered the potential environmental Washington, DC 20585, 202–586–4600, commence construction of, no later than impacts from the construction, or leave a message at 1–800–472–2756. January 31, 2004, and to operate an on- operation, maintenance, and SUPPLEMENTARY INFORMATION: site facility at each of the GDPs at

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Paducah, Kentucky, and Portsmouth, to award a contract for construction and However, the southeastern section is a Ohio, to treat and recycle DUF6, operation of conversion facilities at both wooded area. A drainage ditch crosses consistent with NEPA. The second law, the Paducah site and the Portsmouth the northern part of the site, giving the Public Law 107–206, signed by the site. cylinder yard storm water access to President on August 2, 2002, required Kentucky Pollution Discharge III. Alternatives that no later than 30 days after Elimination System (KPDES) Outfall enactment, DOE must award a contract No Action Alternative. Under the no 017. This location is about 35 acres (14 for the scope of work described in its action alternative, conversion would not ha) in size and was identified in the RFP Request for Proposals (RFP) issued in occur. Current cylinder management for conversion services as the site for October 2000 for the design, activities (handling, inspection, which bidders were to design their construction, and operation of a DUF6 monitoring, and maintenance) would proposed facilities. conversion facility at each of the continue; thus the status quo would be Alternative Location B. Location B is Department’s Paducah, Kentucky, and maintained at Paducah indefinitely. directly south of the Paducah Portsmouth, Ohio, gaseous diffusion Action Alternatives. The proposed maintenance building and west of the sites. It also stipulated that the contract action evaluated in the FEIS is to main plant access road. The northern construct and operate a conversion require groundbreaking for construction part of this location is mowed grass and facility at the Paducah site for to occur no later than July 31, 2004, at has a slightly rolling topography. The conversion of the Paducah DUF both sites. 6 southern part has a dense covering of inventory into depleted uranium oxide In response to these laws, DOE issued trees and brush, and some high-voltage (primarily triuranium octaoxide [U O ]) the Final Plan for the Conversion of 3 8 power lines cross it, limiting its use. and other conversion products. The Depleted Uranium Hexafluoride as This location has an area of about 59 FEIS review is based on the conceptual Required by Public Law 105–204 in July acres (23 ha). conversion facility design proposed by 1999, and awarded a contract to Alternative Location C. Location C is Uranium Disposition Services (UDS) for the selected contractor, UDS. The UDS dry conversion process is a continuous east of the Paducah pump house and construction and operation of two cooling towers. It has an area of about conversion facilities on August 29, process in which DUF6 is vaporized and 53 acres (21 ha). Dykes Road runs 2002, consistent with NEPA. converted to a mixture of uranium through the center of this location from On September 18, 2001, DOE oxides (primarily U3O8) by reaction with published a Notice of Intent (NOI) in the steam and hydrogen in a fluidized-bed north to south. Use of the eastern half Federal Register (66 FR 48123) conversion unit. The hydrogen is of this location could be somewhat announcing its intention to prepare an generated from anhydrous ammonia limited because several high-voltage power lines run through this area. EIS for the proposed action to construct, (NH3). The depleted U3O8 powder is operate, maintain, and decontaminate collected and packaged for disposition Under the action alternatives, DOE evaluated the impacts from packaging, and decommission two DUF6 in bulk bags (large-capacity, strong, conversion facilities: One at Portsmouth flexible bags) or the emptied cylinders handling, and transporting depleted and one at Paducah. Following the to the extent practicable. Equipment uranium oxide conversion product enactment of Public Law 107–206, DOE would also be installed to collect the (primarily U3O8) from the conversion reevaluated the appropriate scope of its aqueous HF (also called HF acid) co- facility to a low-level waste (LLW) site-specific NEPA review and decided product and process it into HF at disposal facility that would be (1) to prepare two separate EISs, one for the concentrations suitable for commercial selected in a manner consistent with plant proposed for the Paducah site and resale. A backup HF acid neutralization DOE policies and orders and (2) a second for the Portsmouth site. This system would convert up to 100% of the authorized to receive the conversion change in approach was announced in HF acid to CaF2 for sale or disposal in products by DOE (in conformance with the Federal Register on April 28, 2003 the future, if necessary. The conversion DOE orders), or licensed by the U.S. (68 FR 22368). products would be transported to a Nuclear Regulatory Commission (NRC) The two draft conversion facility EISs disposal facility or to users by truck or (in conformance with NRC regulations), were mailed to stakeholders in late rail. The conversion facility will be or an NRC Agreement State agency (in November 2003, and a Notice of designed with four parallel processing conformance with state laws and Availability was published by the EPA lines to convert 18,000 t (20,000 tons) of regulations determined to be equivalent in the Federal Register on November 28, DUF6 per year, requiring 25 years to to NRC regulations). Assessment of the 2003 (68 FR 66824). Comments on the convert the Paducah inventory. impacts and risks from on-site handling draft EISs were accepted during a 67- Three alternative locations within the and disposal at an LLW disposal facility day review period that ended on site were evaluated, Locations A has been deferred to the disposal site’s February 2, 2004. DOE considered these (preferred), B, and C. In addition, an site-specific NEPA or licensing comments and prepared two FEISs. The option of transporting the ETTP documents. While the FEIS presents the Notice of Availability for the two FEISs cylinders to Paducah rather than to impacts from transporting the DUF6 was published by the EPA in the Portsmouth was considered, as was an conversion products to both the Federal Register (69 FR 34161) on June option of expanding conversion facility Envirocare of Utah, Inc., facility and the 18, 2004. operations. Nevada Test Site (NTS), DOE plans to Alternative Location A (Preferred decide the specific disposal location(s) II. Purpose and Need for Agency Action Alternative). Location A is the preferred for the depleted U3O8 conversion DOE needs to convert its inventory of location for the conversion facility. It is product after additional NEPA review, DUF6 to more stable chemical form(s) located south of the administration as necessary. Accordingly, DOE will for use or disposal. This need follows building and its parking lot, continue to evaluate its disposal options directly from (1) the decision presented immediately west of and next to the and will consider any further in the August 1999 ROD for the PEIS, primary location of the DOE cylinder information or comments relevant to namely, to begin conversion of the DUF6 yards and east of the main plant access that decision. DOE will give a minimum inventory as soon as possible, and (2) road. This location is an L-shaped tract 45-day notice before making its specific Public Law 107–206, which directs DOE consisting mostly of grassy field. disposal decision and will provide any

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additional NEPA analysis for public Human Health and Safety— Air Quality and Noise. Under the review and comment. Accidents. DOE has extensive action alternatives, the total (modeled The following alternatives were experience in safely storing, handling, plus background value) concentrations considered but not analyzed in detail in and transporting cylinders containing due to emissions of most criteria the FEIS: Use of Commercial Conversion UF6 (depleted, normal, or enriched). In pollutants—such as sulfur dioxide, Capacity, Sites Other Than Paducah, addition, the chemicals used or nitrogen oxides, and carbon monoxide— Alternative Conversion Processes, Long- generated at the conversion facility are would be well within applicable air Term Storage and Disposal Alternatives, commonly used for industrial quality standards. For construction, the Transportation Modes Other Than applications in the United States, and primary concern would be particulate Truck and Rail, and One Conversion there are well-established accident matter (PM) released from near-ground- Plant Alternative. prevention and mitigative measures for level sources. Total concentrations of their storage and transportation. PM10 and PM2.5 (PM with an IV. Summary of Environmental Impacts Under all alternatives, it is possible aerodynamic diameter of 10 µm or less µ The FEIS evaluated potential impacts that accidents could release radiation or and 2.5 m or less, respectively) at the from the range of alternatives described chemicals to the environment, construction site boundaries would be above. The impact areas included potentially affecting both the workers close to or above the standards because human health and safety, air quality, and members of the general public. It is of the high background concentrations. noise, water and soil, socioeconomics, also possible that, similar to other Accordingly, construction activities ecological resources, waste industrial facilities, workers could be would be conducted so as to minimize management, resource requirements, injured or killed as a result of on-the-job further impacts on ambient air quality. land use, cultural resources, accidents unrelated to radiation or Water and Soil. During construction environmental justice, and cumulative chemical exposure. Similarly, during of the conversion facility, impacts. In general, the impacts are low transportation of materials, both crew concentrations of any potential for both the no action and the proposed members and members of the public contaminants in soil, surface water, or action alternatives. Among the three may be injured or killed as a result of groundwater would be kept well within alternative locations considered at the traffic accidents. applicable standards or guidelines by Paducah site for the conversion facility, Three kinds of accidents have the implementing storm water management, there are no major differences in largest possible consequences: (1) Those sediment and erosion controls, and good impacts that would make one location involving the DUF cylinders during construction practices. During 6 operations, no impacts would be clearly environmentally preferable. The storage and handling under all expected because no contaminated discussion below summarizes the alternatives, (2) those involving liquid effluents are anticipated. results of the FEIS impact analyses, chemicals used or generated by the Socioeconomics. Under the action highlighting the differences among the conversion process at the conversion alternatives, construction and operation alternatives. site (in particular NH3 and aqueous HF) of the conversion facility would create Human Health and Safety—Normal under the action alternatives, and (3) more jobs and personal income in the Operations and Transportation. Under those occurring during transportation of vicinity of the Paducah site than would all alternatives, it is estimated that chemicals and cylinders under the be possible under the no action potential exposures of workers and action alternatives. The severity of the alternative. The number of jobs would members of the general public to consequences from such accidents be approximately 190 direct and 290 radiation and chemicals would be well would depend on weather conditions at total during construction, and 160 direct within applicable public health the time of the accident, and, in the case and 330 total during operations. standards and regulations. UDS would of the transportation accidents, the Ecology. For the action alternatives, confirm, prior to conversion or at the location of the accident, and could be the total area disturbed during initiation of the conversion operations, significant. However, those accidents conversion facility construction would that polychlorinated biphenyl (PCB) would have a low estimated probability be up to 45 acres (18 ha). Although releases to the workplace from the paint of occurring, making the risk low. (Risk vegetation communities in the disturbed coating of some cylinders manufactured is determined by multiplying the area would be impacted by a loss of prior to 1978 would be within consequences by the probability of habitat, impacts could be minimized applicable Occupational Safety and occurrence). (e.g., by appropriate placement of the Health Administration (OSHA) limits. In comparing truck versus rail facility within each location), and Transportation by rail would tend to transportation, even though the negligible long-term impacts to cause fewer impacts than by truck consequences of rail accidents are vegetation and wildlife are expected at primarily because of exhaust emissions generally higher (because of the larger all locations. Impacts to wetlands could from the trucks and the higher number cargo load per railcar than per truck), be minimized, depending on where of shipments for trucks than for rail. The the accident probabilities tend to be exactly the facility was placed within option of converting the aqueous HF to lower for railcars than for trucks. As a each location and by maintaining a CaF2 and transporting the CaF2 to a result, the risks of accidents would be buffer near adjacent wetlands during disposal facility would result in about the same under either option. construction. Construction of the increased shipments. The impacts Under the no action alternative, the conversion facility in the eastern associated with transportation of risks associated with cylinder storage portion of Location C could impact uranium oxide product to a disposal and handling would continue to exist as potential habitat for cream wild indigo facility in the western United States by long as the cylinders are there. (state-listed as a species of special truck would be about the same if bulk However, under the action alternatives, concern) and compass plant (state-listed bags are used or two filled cylinders are the risks associated with both the as threatened). For construction at all loaded onto a truck. If only one cylinder cylinder accidents and the chemical three locations, potential impacts to is loaded onto a truck, the impacts accidents would decline over time and forested areas could be avoided if would be higher because of the disappear at the completion of the temporary construction areas were increased number of shipments. project. placed in previously disturbed

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locations. During construction, trees (allowable concentration limits of contamination with uranium over the with exfoliating bark (such as shagbark uranium) in these products to be able to long-term; this adverse impact is not hickory or dead trees with loose bark) free-release them to commercial users. anticipated under the proposed action that can be used by the Indiana bat In addition, there is a small potential for alternatives. Beneficial socioeconomic (federal- and state-listed as endangered) reuse of the depleted uranium oxide impacts would be higher for the action as roosting trees during the summer product. alternatives than for the no action would be saved if possible. D&D Activities. D&D impacts would alternative. Waste Management. Under the action be primarily from external radiation to The impacts associated with alternatives, waste generated during involved workers and would be a small transportation of materials among sites construction and operations would have fraction of allowable doses. Wastes would be comparable whether the negligible impacts on the Paducah site generated during D&D operations would transportation is by truck or rail. waste management operations, with the be disposed of in an appropriate With all alternatives, there is the exception of possible impacts from disposal facility and would result in low potential for some high-consequence disposal of CaF2. If the aqueous HF were impacts in comparison with projected accidents to occur. The risks associated not sold but instead neutralized to CaF2, site annual generation volumes. with such accidents can only be it is currently unknown whether (1) the Cumulative Impacts. The FEIS completely eliminated when the analyses indicated that no significant CaF2 could be sold, (2) the low uranium conversion of the DUF6 inventory has content would allow the CaF2 to be cumulative impacts at the Paducah site been completed. disposed of as nonhazardous solid and its vicinity would be anticipated Although there are some differences waste, or (3) disposal as LLW would be due to the incremental impacts of the in impacts among the three alternative required. The low level of uranium proposed action when added to other locations for the conversion facility, contamination expected (i.e., less than 1 past, present, and reasonably these differences are small and well ppm) suggests that sale or disposal as foreseeable future actions. within the uncertainties associated with nonhazardous solid waste would be Option of Expanding Conversion the methods used to estimate impacts. Facility Operations. The throughput of most likely. Waste management for In general, because of the relatively the Paducah facility could be increased disposal as nonhazardous waste could small risks that would result under all by making process efficiency be handled through appropriate alternatives and the absence of any clear improvements. Such an increase would planning and design of the facilities. If basis for discerning an environmental not be expected to significantly change the CaF2 had to be disposed of as LLW, preference, DOE concludes that no the overall environmental impacts when it could represent a potentially large single alternative analyzed in depth in compared with those of the current impact on waste management the FEIS is clearly environmentally plant design. operations. preferable compared to the other The U O produced during The conversion facility operations 3 8 alternatives. conversion would amount to about 80% could be extended to process any of Paducah’s annual projected LLW additional DUF6 for which DOE might VI. Comments on Final EIS assume responsibility by operating the volume. The Final EIS was mailed to Option of Shipping ETTP Cylinders to facility longer than the currently stakeholders in early June 2004, and the Paducah. The cylinders at ETTP would anticipated 25 years. With routine EPA issued a Notice of Availability in require preparation for shipment by facility and equipment maintenance and the Federal Register on June 18, 2004. either truck or rail. Three cylinder periodic equipment replacements or The entire document was also made preparation options were considered for upgrades, it is believed that the available on the World Wide Web. Two the shipment of noncompliant conversion facility could be operated comment letters were received on the cylinders: cylinder overpacks, shipping safely beyond this time period. If DUF Conversion Facility Final EISs. ‘‘as-is’’ under a U.S. Department of operations were extended beyond 25 6 The State of Nevada indicated that it Transportation (DOT) exemption, and years and if the operational had no comments on the Final EISs and use of a cylinder transfer facility (there characteristics (e.g., estimated releases that the proposal was not in conflict are no current plans to build such a of contaminants to air and water) of the with state plans, goals, or objectives. facility at ETTP). The operational facility remained unchanged, it is The U.S. Environmental Protection impacts (e.g., storage, handling, and expected that the annual impacts would Agency, Region 5 in Chicago, stated that maintenance of cylinders) from any of be essentially unchanged. the options would be small and limited the Portsmouth Final EIS adequately primarily to external radiation exposure V. Environmentally Preferred address its concerns, and that it concurs of involved workers. The annual Alternative with the Preferred Alternative and has impacts from conversion operations at In general, the FEIS shows greater no further concerns. Paducah would remain the same, impacts for the no action alternative Decision however the conversion period would than for the proposed action of I. Bases for the Decision be approximately 3 years longer. If a constructing and operating the decision was made to construct and conversion facility mainly because of DOE considered potential operate a transfer facility at ETTP in the the relatively higher radiation exposures environmental impacts as identified in future, additional NEPA review would of the workers from the cylinder the FEIS (including the information be conducted. management operations and cylinder contained in the classified appendix); Conversion Product Sale and Use. yards and because the cylinders and cost; applicable regulatory The conversion of the DUF6 inventory associated risk would remain if no requirements; Congressional direction produces products having some action occurred. However, considering as included in Public Law 105–204 and potential for reuse. These products the uncertainties in the impact estimates 107–206; agreements among DOE and include aqueous HF and CaF2, which and the magnitude of the impacts, the the States of Ohio, Tennessee, and are commonly used as commercial differences are not considered to be Kentucky concerning the management materials. DOE is currently pursuing the significant. The no action alternative of DUF6 currently stored at the establishment of authorization limits has the potential for groundwater Portsmouth, ETTP, and Paducah sites,

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respectively; and public comments in decision and will provide any DEPARTMENT OF ENERGY arriving at its decision. In deciding supplemental NEPA analysis for public among the three alternative locations at review and comment. Federal Energy Regulatory the Paducah site for the conversion Commission III. Mitigation facility, DOE considered environmental [Docket No. CP04–368–000] factors, site preparation requirements On the basis of the analyses affecting construction, availability of conducted for the FEIS, the DOE will El Paso Natural Gas Company; Notice utilities, proximity to cylinder storage adopt all practicable measures, which of Request for Authorization areas, and potential impacts to current or planned site operations. DOE has are described below, to avoid or July 2, 2004. determined that Location A is the best minimize adverse environmental Take notice that on June 25, 2004, El alternative. DOE believes that the impacts that may result from Paso Natural Gas Company (El Paso), decision identified below best meets its constructing and operating a conversion P.O. Box 1087, Colorado Springs, programmatic goals and is consistent facility at Location A. These measures Colorado 80904, filed in Docket No. with all the regulatory requirements and are either explicitly part of the CP04–368–000, a request pursuant to public laws. alternative or are already performed as section 157.216(b) and 157.208(b) of the part of routine operations. Commission’s Regulations (18 CFR II. Decision 157.214) to abandon, by removal, its 7.1 • The conversion facility will be DOE has decided to implement the mile 103⁄4 inch diameter Nevada Loop designed, constructed, and operated in actions described in the preferred Line (Line No. 2112), and replace two alternative from the FEIS at Location A. accordance with the comprehensive set segments of its 16 inch diameter Nevada This decision includes the following of DOE requirements and applicable Loop Line (Line No. 2121), totaling 17.2 actions: regulatory requirements that have been miles, located in Mohave County, • DOE will construct and operate the established to protect public health and Arizona, all as more fully set forth in the conversion facility at Location A within the environment. These requirements application on file with the Commission the Paducah site. Construction will encompass a wide variety of areas, and open for public review. commence on or before July 31, 2004, as including radiation protection, facility Any questions regarding this intended by Congress in Public Law design criteria, fire protection, application should be directed to Robert 107–206. emergency preparedness and response, T. Tomlinson, Director, Regulatory • All shipments to and from the and operational safety requirements. Affairs, El Paso Natural Gas Company, P.O. Box 1087, Colorado Springs, conversion site, including any potential • Temporary impacts on air quality shipments of non-DUF cylinders Colorado, 80944, at (719) 520–3788. 6 from fugitive dust emissions during currently stored at ETTP to Paducah, This filing is available for review at reconstruction of cylinder yards or will be conducted by either truck or rail, the Commission or may be viewed on construction of any new facility will be as appropriate. Cylinders will be the Commission’s Web site at http:// shipped in a manner that is consistent controlled by the best available www.ferc.gov using the ‘‘eLibrary’’ link. with DOT regulations for the practices, as necessary, to comply with Enter the docket number excluding the the established standards for PM10 and transportation of UF6 cylinders. last three digits in the docket number • Current cylinder management PM2.5. field to access the document. For activities (handling, inspection, • During construction, impacts to assistance, please contact FERC Online monitoring, and maintenance) will water quality and soil will be Support at continue, consistent with the Cylinder minimized through implementing storm [email protected] or call Project Management Plan for Depleted water management, sediment and toll-free at (866) 208–3676, or for TTY, Uranium Hexafluoride, effective erosion controls, and good construction contact (202) 502–8659. Protests, October 2003, which cover actions practices consistent with the Soil, comments and interventions may be needed to meet safety and Erosion, and Sediment Control Plan and filed electronically via the Internet in lieu of paper; see, 18 CFR environmental requirements, until Construction Management Plan. conversion could be accomplished. 385.2001(a)(1)(iii) and the instructions • The aqueous HF produced during • If live trees with exfoliating bark are on the Commission’s Web site under the conversion will be sold for use, pending encountered on construction areas, they ‘‘e-Filing’’ link. The Commission approval of authorized release limits as will be saved if possible to avoid strongly encourages interveners to file appropriate. If necessary, CaF2 will be destroying potential habitat for the electronically. produced and reused, pending approval Indiana bat. Any person or the Commission’s staff of authorized release limits, or disposed Issued in Washington, DC this 20th day of may, within 45 days after issuance of of as appropriate. July 2004. the instant notice by the Commission, • The depleted U3O8 conversion file pursuant to Rule 214 of the product will be reused to the extent Paul M. Golan, Commission’s Procedural Rules (18 CFR possible or packaged for disposal in Principal Deputy Assistant Secretary for 385.214) a motion to intervene or notice emptied cylinders at an appropriate Environmental Management. of intervention and pursuant to section disposal facility. DOE plans to decide [FR Doc. 04–17050 Filed 7–26–04; 8:45 am] 157.205 of the Regulations under the the specific disposal location(s) for the BILLING CODE 6450–01–U Natural Gas Act (18 CFR 157.205) a depleted U3O8 conversion product after protest to the request. If no protest is additional appropriate NEPA review. filed within the time allowed therefore, Accordingly, DOE will continue to the proposed activity shall be deemed to evaluate its disposal options and will be authorized effective the day after the consider any further information or time allowed for filing a protest. If a comments relevant to that decision. protest is filed and not withdrawn DOE will give a minimum 45-day notice within 30 days after the time allowed before making the specific disposal for filing a protest, the instant request

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shall be treated as an application for issuance of a new license for the project related facilities for the old wells and authorization pursuant to section 7 of or other disposition under the FPA, construct new interconnecting pipeline the Natural Gas Act. whichever comes first. If issuance of a and appurtenances associated with the Comment Date: July 23, 2004. new license (or other disposition) does new wells. This EA will be used by the not take place on or before July 1, 2005, Commission in its decision-making Magalie R. Salas, notice is hereby given that, pursuant to process to determine whether the Secretary. 18 CFR 16.18(c), an annual license project is in the public convenience and [FR Doc. E4–1654 Filed 7–26–04; 8:45 am] under section 15(a)(1) of the FPA is necessity. BILLING CODE 6717–01–P renewed automatically without further If you are a landowner receiving this order or notice by the Commission, notice, you may be contacted by a unless the Commission orders pipeline company representative about DEPARTMENT OF ENERGY otherwise. the acquisition of an easement to Federal Energy Regulatory If the project is not subject to section construct, operate, and maintain the Commission 15 of the FPA, notice is hereby given proposed facilities. The company would that Wisconsin Public Service seek to negotiate a mutually acceptable [Project No. 1979] Corporation is authorized to continue agreement. However, if the project is operation of the Alexander Project No. approved by the Commission, that Wisconsin Public Service Corporation; 1979 until such time as the Commission approval conveys with it the right of Notice of Authorization for Continued acts on its application for subsequent eminent domain. Therefore, if easement Project Operation license. negotiations fail to produce an agreement, the pipeline company could July 2, 2004. Magalie R. Salas, On June 21, 2002, Wisconsin Public initiate condemnation proceedings in Secretary. accordance with state law. Service Corporation, licensee for the [FR Doc. E4–1657 Filed 7–26–04; 8:45 am] Alexander Project No. 1979, filed an A fact sheet prepared by the FERC BILLING CODE 6717–01–P application for a new or subsequent entitled ‘‘An Interstate Natural Gas license pursuant to the Federal Power Facility On My Land? What Do I Need To Know?’’ was attached to the project Act (FPA) and the Commission’s DEPARTMENT OF ENERGY regulations. Project No. 1979 is located notice Columbia provided to landowners. This fact sheet addresses a on the Wisconsin River in Lincoln Federal Energy Regulatory number of typically asked questions, County, Wisconsin. Commission The license for Project No. 1979 was including the use of eminent domain issued for a period ending June 30, [Docket Nos. CP04–349–000 and CP04–356– and how to participate in the 000] 2004. Section 15(a)(1) of the FPA, 16 Commission’s proceedings. It is U.S.C. 808(a)(1), requires the available for viewing on the FERC Columbia Gas Transmission Internet Web site (www.ferc.gov). Commission, at the expiration of a Corporation; Notice of Intent To license term, to issue from year to year Prepare an Environmental Assessment Summary of the Proposed Project an annual license to the then licensee for the Proposed Columbia Pavonia In Docket No. CP04–349–000 under the terms and conditions of the Storage Wells 8901 and 12446 Project Columbia proposes to: prior license until a new license is and the Pavonia Storage Wells 3731 • Plug and abandon Well 8901; issued, or the project is otherwise and 12447 Project and Request for • Abandon by removal all equipment disposed of as provided in section 15 or Comments on Environmental Issues on well line SL–W8901. This would any other applicable section of the FPA. include about 23 feet of 4-inch diameter If the project’s prior license waived the July 2, 2004. pipeline, 18 feet of 3-inch-diameter applicability of section 15 of the FPA, The staff of the Federal Energy pipeline, 90 feet of 6-inch-diameter then, based on section 9(b) of the Regulatory Commission (FERC or pipeline, a 35-barrel steel holding tank, Administrative Procedure Act, 5 U.S.C. Commission) will prepare an a 16-inch vertical drip, a 4-inch tie-in 558(c), and as set forth at 18 CFR environmental assessment (EA) that will valve setting, and the existing 4-inch tie- 16.21(a), if the licensee of such project discuss the environmental impacts of in valve setting for Line SL–W9623; has filed an application for a subsequent Columbia Gas Transmission • Drill new storage Well 12446; license, the licensee may continue to Corporation’s (Columbia) Pavonia • Construct 75 feet of 6-inch-diameter operate the project in accordance with Storage Wells 8901 and 12446 Project well line designated as SL–W12446 and the terms and conditions of the license and Wells 3731 and 12447 Project in 90 feet of 4-inch-diameter well line after the minor or minor part license Ashland County, Ohio. For the facilities designated as SL–W9623; and expires, until the Commission acts on in Docket No. CP04–349–000, Columbia • Construct a 6-inch orifice meter its application. If the licensee of such a would plug and abandon Well 8901 by run, a 6-inch tie-in valve setting, and a project has not filed an application for replacement because corrosion threatens 4-inch tie-in valve setting. a subsequent license, then it may be the integrity of the well. A new storage In Docket No. CP04–356–000 required, pursuant to 18 CFR 16.21(b), well would be drilled and designated as Columbia proposes to: to continue project operations until the Well 12446. For the facilities in Docket • Plug and abandon Well 3731; Commission issues someone else a No. CP04–356–000, Columbia would • Abandon by removal all equipment license for the project or otherwise plug and abandon Well 3731 by on well line SL–W3731. This would orders disposition of the project. replacement because the well has include about 20 feet of 3-inch-diameter If the project is subject to section 15 developed excessive water production pipeline, 20 feet of 4-inch-diameter of the FPA, notice is hereby given that and cannot be economically repaired. pipeline, and a drip; an annual license for Project No. 1979 The new storage well would be • Drill new storage Well 12447; is issued to Wisconsin Public Service designated as Well 12447. Columbia • Construct 165 feet of 4-inch- Corporation for a period effective July 1, would also abandon by removal the diameter pipeline designated as Well 2004, through June 30, 2005, or until the associated interconnecting pipeline and Line SL–W12447;

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• Construct a 4-inch orifice meter run • Land use specific your comments, the more useful and a 16-inch vertical drip. • Water resources, fisheries, and they will be. Please carefully follow The location of the projects’ facilities wetlands these instructions to ensure that your is shown in appendix 1.1 • Cultural resources comments are received in time and • Vegetation and wildlife properly recorded: Nonjurisdictional Facilities • Air quality and noise • Send an original and two copies of No nonjurisdictional facilities would • Endangered and threatened species your letter to: Magalie R. Salas, be built as a result of the proposed • Hazardous waste Secretary, Federal Energy Regulatory project. • Public safety Commission, 888 First St., NE., Room We will also evaluate possible Land Requirements for Construction 1A, Washington, DC 20426. alternatives to the proposed projects or In Docket No. CP04–349–000, the well portions of the projects, and make • Label one copy of the comments for abandonment and construction of the recommendations on how to lessen or the attention of Gas Branch 2. new well and related pipeline facilities avoid impacts on the various resource • Reference Docket Nos. CP04–349– would disturb about 2.4 acres of land. areas. 000 and CP04–356–000. Following construction, about 2.9 acres Our independent analysis of the • Mail your comments so that they of land would be maintained as pipeline issues will be in the EA. Depending on will be received in Washington, DC on right-of-way or aboveground facility the comments received during the or before August 2, 2004. sites. Similarly, in Docket No. CP04– scoping process, the EA may be Please note that we are continuing to 356–000, the well abandonment and published and mailed to Federal, state, experience delays in mail deliveries construction of the new well and related and local agencies, public interest from the U.S. Postal Service. As a result, pipeline facilities would disturb about groups, interested individuals, affected we will include all comments that we 5.1 acres of land. Following landowners, newspapers, libraries, and receive within a reasonable time frame construction, about 8.7 acres of land the Commission’s official service list for in our environmental analysis of this would be maintained as pipeline right- this proceeding. A comment period will project. However, the Commission of-way or aboveground facility sites. be allotted for review if the EA is strongly encourages electronic filing of published. We will consider all The EA Process any comments or interventions or comments on the EA before we make The National Environmental Policy protests to this proceeding. See 18 CFR our recommendations to the Act (NEPA) requires the Commission to 385.2001(a)(1)(iii) and the instructions Commission. take into account the environmental on the Commission’s Web site at http:/ To ensure your comments are impacts that could result from an action /www.ferc.gov under the ‘‘e-Filing’’ link considered, please carefully follow the whenever it considers the issuance of a and the link to the User’s Guide. Before instructions in the public participation Certificate of Public Convenience and you can file comments you will need to section beginning below. Necessity. NEPA also requires us 2 to create a free account which can be discover and address concerns the Currently Identified Environmental created on-line.’’ public may have about proposals. This Issues If you do not want to send comments process is referred to as ‘‘scoping.’’ The We have already identified several at this time but still want to remain on main goal of the scoping process is to issues that we think deserve attention our mailing list, please return the focus the analysis in the EA on the based on a preliminary review of the Information Request (Appendix 3). If important environmental issues. By this proposed facilities and the you do not return the Information Notice of Intent, the Commission environmental information provided for Request, you will be taken off the requests public comments on the scope the project. This preliminary list of mailing list. of the issues it will address in the EA. issues may be changed based on your All comments received are considered Becoming an Intervenor comments and our analysis. during the preparation of the EA. State • One federally listed endangered or In addition to involvement in the EA and local government representatives threatened species, the Indiana bat, may scoping process, you may want to are encouraged to notify their exist in the project area. become an official party to the constituents of this proposed action and • Cultural resources may be affected encourage them to comment on their proceeding known as an ‘‘intervenor.’’ in the project area. Intervenors play a more formal role in areas of concern. • Nearby residences may be affected The EA will discuss impacts that the process. Among other things, by well drilling noise. could occur as a result of the intervenors have the right to receive • Two private water wells near the construction and operation of the copies of case-related Commission project area could potentially be proposed project under these general documents and filings by other affected. headings: intervenors. Likewise, each intervenor • Geology and soils Public Participation must provide 14 copies of its filings to the Secretary of the Commission and You can make a difference by 1 The appendices referenced in this notice are not must send a copy of its filings to all being printed in the Federal Register. Copies of all providing us with your specific other parties on the Commission’s appendices, other than appendix 1 (maps), are comments or concerns about the service list for this proceeding. If you available on the Commission’s Web site at the projects. By becoming a commentor, want to become an intervenor you must ‘‘eLibrary’’ link or from the Commission’s Public your concerns will be addressed in the Reference and Files Maintenance Branch, 888 First file a motion to intervene according to Street, NE., Washington, DC 20426, or call (202) EA and considered by the Commission. Rule 214 of the Commission(s Rules of 502–8371. For instructions on connecting to You should focus on the potential Practice and Procedure (18 CFR eLibrary refer to the last page of this notice. Copies environmental effects of the proposal, 385.214) (see appendix 2).3 Only of the appendices were sent to all those receiving alternatives to the proposal (including this notice in the mail. 3 2 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the alternative locations/routes), and Interventions may also be filed electronically via environmental staff of the Office of Energy Projects measures to avoid or lessen the Internet in lieu of paper. See the previous (OEP). environmental impact. The more discussion on filing comments electronically.

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intervenors have the right to seek DEPARTMENT OF ENERGY related to this or other pending projects. rehearing of the Commission’s decision. For assistance, call 1–866–208–3676 or Federal Energy Regulatory Affected landowners and parties with e-mail [email protected], Commission environmental concerns may be granted for TTY, call (202) 502–8659. A copy is intervenor status upon showing good also available for inspection and Notice of Application To Amend reproduction at the address in item (h) cause by stating that they have a clear Project Boundary and Soliciting above. and direct interest in this proceeding Comments, Motions To Intervene, and which would not be adequately Protests m. Individuals desiring to be included represented by any other parties. You do on the Commission’s mailing list should not need intervenor status to have your July 2, 2004. so indicate by writing to the Secretary environmental comments considered. Take notice that the following of the Commission. application has been filed with the n. Comments, Protests, or Motions to Environmental Mailing List Commission and is available for public Intervene—Anyone may submit inspection: This notice is being sent to comments, a protest, or a motion to a. Application Type: Amendment to intervene in accordance with the individuals, organizations, and remove project lands from the project requirements of Rules of Practice and government entities interested in and/or boundary. Procedure, 18 CFR 385.210, .211, .214. potentially affected by the proposed b. Project No.: 2452–171. In determining the appropriate action to project. It is also being sent to all c. Date Filed: June 28, 2004. take, the Commission will consider all identified potential right-of-way d. Applicant: Consumers Energy protests or other comments filed, but grantors. Company. only those who file a motion to e. Name of Project: Hardy Project. Additional Information intervene in accordance with the f. Location: The project is located on Commission’s Rules may become a Additional information about the the Muskegon River in Newaygo and party to the proceeding. Any comments, project is available from the Mecosta Counties, Michigan. protests, or motions to intervene must Commission’s Office of External Affairs, g. Filed Pursuant to: Federal Power be received on or before the specified at 1–866–208–FERC or on the FERC Act, 16 U.S.C. 791a–825r. comment date for the particular Internet Web site (www.ferc.gov) using h. Applicant Contact: Robert M. application. Neustifter, Consumers Energy Company, the eLibrary link. Click on the eLibrary Room EP11–233, One Energy Plaza, o. Filing and Service of Responsive link, click on ‘‘General Search’’ and Jackson, MI 49201, (517) 788–2974, Documents—Any filings must bear in enter the docket number excluding the FAX: (517) 788–1682, e-mail: all capital letters the title last three digits in the Docket Number [email protected] or ‘‘COMMENTS’’, ‘‘PROTEST’’, OR field. Be sure you have selected an William A. Schoenlein, Consumers ‘‘MOTION TO INTERVENE’’, as appropriate date range. For assistance, Energy Company, Director of Hydro applicable, and the Project Number (P– please contact FERC Online Support at Operations, 330 Chestnut Street, 2452) of the particular application to [email protected] or toll Cadillac, MI 49601, (231) 779–5505, e- which the filing refers. All documents free at 1–866–208–3676, or for TTY, mail: [email protected]. (original and eight copies) should be contact (202) 502–8659. i. FERC Contact: Any questions on filed with: Magalie R. Salas, Secretary, this notice should be addressed to Diane Federal Energy Regulatory Commission, In addition, the Commission now 888 First Street, NE., Washington, DC offers a free service called eSubscription M. Murray at (202) 502–8838, or e-mail address: [email protected]. 20426. A copy of any motion to which allows you to keep track of all intervene must also be served upon each formal issuances and submittals in j. Deadline for filing comments and or motions: July 22, 2004. representative of the Applicant specific dockets. This can reduce the specified in the particular application. amount of time you spend researching k. Description of Request: Consumers p. Agency Comments—Federal, State, proceedings by automatically providing Energy Company is seeking Commission authorization to sell a 6.0-acre parcel and local agencies are invited to file you with notification of these filings, located in the extreme southeast corner comments on the described application. document summaries and direct links to of section 28, T. 13 N., R. 11 W., A copy of the application may be the documents. Go to www.ferc.gov/ Michigan Meridian, in Newaygo obtained by agencies directly from the esubscribenow.htm. County, MI, to Big Prairie Township as Applicant. If an agency does not file Finally, public meetings or site visits a site for a new Township fire and comments within the time specified for will be posted on the Commission’s rescue station. filing comments, it will be presumed to calendar located at http://www.ferc.gov/ l. Locations of the Application: A have no comments. One copy of an EventCalendar/EventsList.aspx along copy of the application is available for agency’s comments must also be sent to with other related information. inspection and reproduction at the the Applicant’s representatives. Commission’s Public Reference Room, q. Comments, protests and Magalie R. Salas, located at 888 First Street, NE., Room interventions may be filed electronically Secretary. 2A, Washington, DC 20426, or by calling via the Internet in lieu of paper. See, 18 [FR Doc. E4–1653 Filed 7–26–04; 8:45 am] (202) 502–8371. This filing may also be CFR 385.2001(a)(1)(iii) and the BILLING CODE 6717–01–P viewed on the Commission’s Web site at instructions on the Commission’s Web http://www.ferc.gov using the site at http://www.ferc.gov under the ‘‘e- ‘‘eLibrary’’ link. Enter the docket Filing’’ link. number, P–2452, to access the document. You may also register online Magalie R. Salas, at http://www.ferc.gov/docs-filing/ Secretary. esubscription.asp to be notified via [FR Doc. E4–1658 Filed 7–26–04; 8:45 am] email of new filings and issuances BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY for a fee, live over the Internet, by • Michael Thomas, Senior Vice phone, or via satellite. Persons President & Corporate Treasurer, Federal Energy Regulatory interested in receiving the broadcast or Calpine Commission who need information on making • Tom Zaremba, Attorney for arrangements should contact, as soon as [Docket No. AD04–8–000] National Rural Electric Cooperative possible, David Reininger or Julia Association Morelli at Capitol Connection (703– Electric Creditworthiness Standards; Lunch Break 11:45–12:45 p.m. 993–3100) or visit the Capitol Notice of Agenda for the July 13, 2004, Panel 3 12:45–2:15 p.m. Technical Conference on Credit- Connection Web site at http:// Related Issues for Electric www.capitolconnection.org and click on RTO/ISO-Related Credit Issues. Transmission Providers, Independent ‘‘FERC.’’ Short presentations by representatives System Operators, and Regional Interested parties are urged to watch from ISOs and RTOs describing existing Transmission Organizations the docket for any further notices on the and near-term credit policies and conference. You may register online at practices. Short presentations by July 6, 2004. http://www.ferc.gov/docs-filing/ members of ISOs and RTOs describing As announced in the Notice of esubscription.asp to be notified via e- their experiences with those policies Conference issued May 28, 2004, the mail of new issuances and filings and practices. Federal Energy Regulatory Commission related to this docket. For additional • J. Kennerly Davis, Jr., Attorney for (Commission) will hold a Staff technical information please contact Eugene New York ISO conference on Tuesday, July 13, 2004, Grace, 202–502–8543 or by e-mail at • Harold Loomis, Credit Manager, from 9:30 a.m. to 4 p.m. e.s.t. at the [email protected]. PJM Interconnection L.L.C. Commission’s headquarters, 888 First • Magalie R. Salas, Robert Ludlow, Chief Financial Street, NE., Washington, DC, in the Officer, ISO New England Inc. Commission’s meeting room (Room 2C). Secretary. • Alan Yoho, Financial Systems The conference will be conducted by Attachment: Conference Agenda Analyst, California Independent System the Commission’s Staff, and members of Conference Agenda—July 13, 2004 Operator Corporation the Commission may be present for all • or part of the conference. The Thorn Dickinson, Director for Welcome and Opening Remarks 9:30– Credit Policy, Energy East Commodity Futures Trading 9:40 a.m. • Billy Dixon, Chief Credit Officer, BP Commission (CFTC) may also Panel 1 9:40–10:30 a.m. participate. All interested parties are Amoco invited to attend. There is no Current Company Practices Under the • Daniel A. Doyle, Vice President and requirement to register and no OATT. Chief Financial Officer, ATC (Midwest registration fee to attend the conference. Presentations describing transmission Stand-Alone Transmission Companies) The purpose of the conference is to providers implementation of credit • Patrick McCullar, President and consider, among other things, whether policies under the OATT and the extent CEO, Delaware Municipal Electric Corp. the Commission should institute a to which they provide details of that • Francis Pullaro, Regulatory Affairs generic rulemaking to consider credit- process to their customers. Each Manager, Strategic Energy related issues for service provided by company will describe its credit policies • Scott Strauss, Attorney for jurisdictional transmission providers,1 and interactions with transmission Massachusetts Municipal Wholesale Independent System Operators (ISOs), customers. Electric Company and Regional Transmission • Thomas Foster, Director, Panel 4 2:30–3:45 p.m. Organizations (RTOs). Investments, Regulatory Finance & The conference agenda is appended to Analysis, MidAmerican Energy Other Credit Options. this notice. The agenda includes four Company Additional options for reducing credit subject panels. Panelists are encouraged • John Janney, Corporate Director of requirements and/or mutualized credit to file prepared written statements Risk Management, Arizona Public risk and evaluating creditworthiness. addressing the issues on or before July Service Insight on improving existing credit 13, 2004. Such statements should be • Tommy Lee, Senior Director for practices based on experiences in other filed with the Secretary of the Credit, Duke Energy industries. Commission. Following the four panels, • Panel 2 10:30 a.m.–11:45 a.m. Peter Axilrod, Managing Director, there will be time for public comment Depository Trust and Clearing on issues related to the conference. OATT-Related Credit Issues. Corporation The conference will be transcribed. Short presentations on transmission • Mary Duhig, Director, Aon Trade Those interested in acquiring the providers’ and customers’ experiences Credit transcript should contact Ace Reporters with credit policies under the OATT • John Flory, President, North at 202–347–3700 or 800–336–6646. and recommendations for changes. American Credit and Clearing Transcripts will be placed in the public • Tricia Harrod, Vice President of Corporation record ten days after the Commission Credit Risk Management, Aquila • Toby Hsieh, Director, Standard & receives them. • Robert Klein, Group Risk Director, Poor’s Capitol Connection offers the PacifiCorp • Robert Levin, Senior Vice President opportunity for remote listening and • Gary P. Mazo, Manager, Credit & Chief Economist, NYMEX viewing of the conference. It is available Enterprise Risk Management • Bank representative Department, Progress Energy Service 1 For the purposes of this notice, a Transmission Company Public Comments 3:45–4:15 p.m. Provider is defined as an entity that provides • electric transmission service and is neither an ISO Rajeshwar G. Rao, President, [FR Doc. E4–1660 Filed 7–26–04; 8:45 am] nor an RTO. Indiana Municipal Power Agency BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY soon as possible or visit the Capitol The purpose of the conference is to Connection Web site at http:// identify the issues raised in these Federal Energy Regulatory www.capitolconnection.gmu.edu and proceedings, develop information for Commission click on ‘‘FERC.’’ use by Commission staff in preparing an [Docket No. PL04–12–000] For more information about the order on the merits, and to facilitate any conference, please contact Alison possible settlements in these Information Technology for Reliability Silverstein at 202–502–8000 or at proceedings. The parties will discuss, and Markets; Notice of Technical [email protected]. among other things, the following issues Conference Magalie R. Salas, related to the unexecuted agreements filed by PG&E in the above-referenced Secretary. July 6, 2004. dockets: (1) The Parallel Operations Take notice that the Federal Energy Attachment A—AGENDA Agreement between PG&E and Western Regulatory Commission will host a 9 a.m. Introductions Area Power Administration (WAPA) technical conference on Wednesday, (PG&E Original Rate Schedule FERC No. July 14, 2004 to discuss information —Alison Silverstein, FERC 9:10 a.m. IT Management Best Practices 228); (2) split-wheeling agreement; (3) technology for reliability and markets. —Dave Turner, Gestalt the Interconnection Agreement; and (4) The workshop will be held at the 9:35 a.m. Audience Comment related issues to these agreements. Commission’s Washington, DC 9:45 a.m. Overview of ISO/RTO Council Questions about the conference and headquarters, 888 First St., NE., 20426. Information Technology Committee the telephone conference call The workshop is scheduled to begin at —Tom O’Brien, PJM arrangements should be directed to: 9 a.m. and end at approximately 4 p.m. —Ken Fell, NYISO (EST) in the Commission Meeting 10:05 a.m. Common Architecture Julia A. Lake, Office of the General Room, Room 2–C. —Dr. Walter Fontner, NYISO Counsel—Markets, Tariffs and Rates, The goal of the technical conference 10:45 a.m. CIM–CME Federal Energy Regulatory Commission, is to discuss Reliability Coordinators’ —Terry Saxton, Extensible Solutions 888 First Street, NE., Washington, DC 11:30 a.m. Audience Comment and Control Areas’ use of information 20426, (202) 502–8370, 12 p.m. Lunch [email protected]. technology for electric bulk system 1 p.m. Cyber-Security Requirements reliability and markets. The —Kevin Perry, SPP or Jamey Sample, Magalie R. Salas, Commission seeks to reduce IT costs, CAISO Secretary. enhance software quality and security, 1:30 p.m. Energy Management Systems FR Doc. E4–1655 Filed 7–26–04; 8:45 am] and promote competition in reliability —MISO and market software development, with —TVA BILLING CODE 6717–01–P the desired result of enhancing grid —PJM reliability, increasing software 2:10 p.m. Minimum Tools and Competencies for RCs and CAs DEPARTMENT OF ENERGY compatibility to reduce reliability and —Frank Macedo, FERC market seams, and ultimately lowering 2:40 p.m. Vendors Federal Energy Regulatory costs to customers. Topics to be 3:45 p.m. Audience Comment Commission discussed will include best practices for 4 p.m. Adjourn IT management, system architecture, FR Doc. E4–1659 Filed 7–26–04; 8:45 am] Sunshine Act; Meeting specific IT projects underway within the BILLING CODE 6717–01–P Independent System Operation/ July 21, 2004. Regional Transmission Operator The following notice of meeting is Council’s Information Technology DEPARTMENT OF ENERGY published pursuant to section 3(A) of Committee, and progress since FERC’s the Government in the Sunshine Act last software conference. A draft agenda Federal Energy Regulatory (Pub. L. 94–409), 5 U.S.C. 552b: is provided as Attachment A. Commission AGENCY HOLDING MEETING: Federal The conference is open for the public Energy Regulatory Commission. to attend, and preregistration is not [Docket Nos. ER04–688–000, ER04–689– 000, ER04–690–000, and ER04–693–000] required. There will be no on-line DATE AND TIME: July 28, 2004, 10 a.m. registration established for this event; Pacific Gas and Electric Company; PLACE: Room 2C, 888 First Street, NE., on-site attendees may simply attend on Notice of Technical Conference Washington, DC 20426. the day of the event. STATUS: Open. Transcripts of the conference will be July 2, 2004. immediately available from Ace Parties are invited to attend a MATTERS TO BE CONSIDERED: Agenda. Reporting Company (202–347–3700 or technical conference in the above- Note—Items listed on the agenda may be 1–800–336–6646) for a fee. They will be referenced Pacific Gas and Electric deleted without further notice. available for the public on the Company (PG&E) proceedings on July Commission’s eLibrary system seven 13–14, 2004, at the Commission’s CONTACT PERSON FOR MORE INFORMATION: calendar days after FERC receives the Headquarters, 888 First Street, NE., Magalie R. Salas, Secretary, Telephone transcript. Additionally, Capitol Washington, DC 20426. The technical (202) 502–8400. For a recording listing Connection offers the opportunity for conference will be held in Hearing items, stricken from or added to the remote listening and viewing of the Room 3 on July 13th and Conference meeting, call (202) 502–8627. conference. It is available for a fee, live Room 3M2–B on July 14th. The July This is a list of matters to be over the Internet, by phone or via 13th technical conference will be held considered by the commission. It does satellite. Persons interested in receiving from 9 a.m. until 5 p.m. (EST). The July not include a listing of all papers the broadcast, or who need information 14th technical conference will be held relevant to the items on the agenda; on making arrangements should contact from 9 a.m. until 3 p.m. Arrangements however, all public documents may be David Reininger or Julia Morelli at the have been made for parties to listen to examined in the reference and Capitol Connection (703–993–3100) as the technical conference by telephone. information center.

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866th—Meeting July 28, 2004 Regular Electric Cooperative, Inc., and Wood ER03–321, 003, NM Mid-Valley Genco, Meeting 10 a.m. County Electric Cooperative, Inc. L.L.C. E–8. ER03–322, 005, NM Milliken Genco, L.L.C. Administrative Agenda DOCKET# ER04–668, 000, Public Service ER03–322, 003, NM Milliken Genco, L.L.C. A–1. Company of New Mexico ER04–268, 001, Duquesne Power, L.P. DOCKET# AD02–1, 000, Agency ER04–668, 001, Public Service Company of ER04–268, 000, Duquesne Power, L.P. Administrative Matters New Mexico E–23. A–2. E–9. DOCKET# EC04–104, 000, Virginia Electric DOCKET# AD02–7, 000, Customer Matters, DOCKET# ER04–898, 000, Virginia Electric and Power Company, UAE Mecklenburg Reliability, Security and Market and Power Company Cogeneration LP, Mecklenburg Cogenco, Operations E–10. Inc., Cogeneration Capital Corp., United DOCKET# ER04–439, 001, PacifiCorp American Energy Holdings Corp., and Markets, Tariffs and Rates—Electric OTHER#S ER04–439, 002, PacifiCorp United American Energy Corp. E–1. ER04–439, 000, PacifiCorp E–24. DOCKET# ER04–691, 000, Midwest E–11. DOCKET# TX04–2, 000, Nevada Power Independent Transmission System DOCKET# ER04–171, 000, Geysers Power Company Operator, Inc. Company, LLC E–25. OTHER#S EL04–104, 000, Public Utilities E–12. DOCKET# EL02–6, 001, Dynegy Midwest With Grandfathered Agreements in DOCKET# ER04–449, 000, New York Generation, Inc. and Dynegy Power Midwest ISO Region Independent System Operator, Inc. and Marketing, Inc v. Commonwealth Edison E–2. New York Transmission Owners Company DOCKET# EC04–81, 000, Ameren OTHER#S ER04–449, 001, New York OTHER#S EL03–32, 001, Illinois Power Corporation, Dynegy Inc., Illinova Independent System Operator, Inc. and Company Corporation, Illinova Generating New York Transmission Owners E–26. Company and Illinois Power Company ER04–449, 002, New York Independent DOCKET# ER03–262, 003, New PJM OTHER#S ER04–673, 000, Dynegy System Operator, Inc. and New York Companies American Electric Power Midwest Generation, Inc., and Dynergy Transmission Owners Service Corporation, Commonwealth Power Marketing, Inc. E–13. Edison Company, Dayton Power and ER04–711, 000, Dynegy Power Marketing, DOCKET# ER04–609, 000, California Light Company, Virginia Electric and Inc. Independent System Operator Power Company, and PJM E–3. Corporation Interconnection, LLC OTHER#S ER04–609, 001, California DOCKET# ER04–445, 000, California OTHER#S ER03–262, 002, New PJM Independent System Operator Independent System Operator Companies American Electric Power Corporation Corporation Service Corporation, Commonwealth ER04–609, 002, California Independent OTHER#S ER04–435, 000, Southern Edison Company, Dayton Power and System Operator Corporation California Edison Company Light Company, Virginia Electric and E–14. ER04–435, 001, Southern California Edison DOCKET# ER03–452, 003, Conjunction Power Company, and PJM Company LLC Interconnection, LLC ER04–435, 003, Southern California Edison OTHER#S ER03–452, 002, Conjunction ER03–262, 004, New PJM Companies Company LLC American Electric Power Service ER04–441, 000, San Diego Gas and Electric E–15. Corporation, Commonwealth Edison Company DOCKET# ER04–901, 000, Entergy Company, Dayton Power and Light ER04–441, 001, San Diego Gas and Electric Services, Inc Company, Virginia Electric and Power Company E–16. Company, and PJM Interconnection, LLC ER04–441, 002, San Diego Gas and Electric DOCKET# ER04–563, 000, Southern ER03–262, 007, New PJM Companies Company Company Service Inc. American Electric Power Service ER04–443, 000, Pacific Gas and Electric OTHER#S ER04–563, 001, Southern Corporation, Commonwealth Edison Company Company Service Inc. Company, Dayton Power and Light ER04–443, 001, Pacific Gas and Electric E–17. Company, Virginia Electric and Power Company DOCKET# ER04–730, 000, Allegheny Company, and PJM Interconnection, LLC ER04–443, 002, Pacific Gas and Electric Energy Supply Company, LLC ER03–262, 012, New PJM Companies Company E–18. American Electric Power Service ER04–445, 001, California Independent OMITTED Corporation, Commonwealth Edison System Operator Corporation E–19. Company, Dayton Power and Light ER04–445, 002, California Independent DOCKET# ER03–406, 005, PJM Company, Virginia Electric and Power System Operator Corporation Interconnection, L.L.C. Company, and PJM Interconnection, LLC ER04–445, 003, California Independent E–20. E–27. System Operator Corporation DOCKET# ER03–1117, 001, PJM DOCKET# ER03–355, 002, Southern E–4. Interconnection, L.L.C. Company Services, Inc. DOCKET# EC02–113, 001, Cinergy E–21. OTHER#S ER03–355, 003, Southern Services, Inc., on behalf of PSI Energy, OMITTED Company Services, Inc. Inc., CinCap Madison, LLC and CinCap E–22. E–28. VII, LLC DOCKET# EC04–36, 000, Sunbury OMITTED E–5. Generation, LLC and Duquesne Power, E–29. OMITTED L.P. DOCKET# ER03–1046, 001, California E–6. OTHER#S ER98–4159, 004, Duquesne Independent System Operator DOCKET# EC03–53, 000, Ameren Energy Light Company Corporation Generating Company andUnion Electric ER98–4159, 003, Duquesne Light Company OTHER#S ER03–1046, 002, California Company d/b/a AmerenUE ER99–1293, 003, Monmouth Energy, Inc. Independent System Operator OTHER#S EC03–53, 001, Ameren Energy ER99–1293, 002, Monmouth Energy, Inc. Corporation Generating Company andUnion Electric ER01–2317, 003, Metro Energy, L.L.C. ER03–1046, 003, California Independent Company d/b/a AmerenUE ER01–2317, 002, Metro Energy, L.L.C. System Operator Corporation E–7. ER03–320, 005, NM Colton Genco, L.L.C. ER03–1046, 004, California Independent DOCKET# EL01–73, 002, Northeast Texas ER03–320, 003, NM Colton Genco, L.L.C. System Operator Corporation Electric Cooperative, Inc., Rusk County ER03–321, 005, NM Mid-Valley Genco, E–30. Electric Cooperative, Inc., Upshur-Rural L.L.C. OMITTED

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E–31. E–47. PHI Operating Companies: Potomac OMITTED DOCKET# EL01–50, 006, KeySpan- Electric Power Company, Delmarva E–32. Ravenswood, Inc. v. New York Power & Light Company, and Atlantic DOCKET# TX96–4, 002, Suffolk County Independent System Operator, Inc. City Electric Company; Baltimore Gas Electrical Agency E–48. and Electric Company; Jersey Central E–33. DOCKET# ER03–1354, 000, Black Hills Power & Light Company; Metropolitan DOCKET# ER02–136, 005, Allegheny Power, Inc., Basin Electric Power Edison Company; PECO Energy Power Cooperative and Powder River Energy Company; Pennsylvania Electric OTHER#S ER02–136, 006, Allegheny Corporation Company; PPL Electric Utilities Power OTHER#S ER03–1354, 001, Black Hills Corporation; Public Service Electric and E–34. Power, Inc., Basin Electric Power Gas Company; Rockland Electric DOCKET# ER04–375, 003, Midwest Cooperative and Powder River Energy Company; and UGI Utilities, Inc. Independent Transmission System Corporation EL04–41, 002, Allegheny Power System Operator, Inc., and PJM Interconnection, ER03–1354, 002, Black Hills Power, Inc., Operating Companies: Monongahela L.L.C. Basin Electric Power Cooperative and Power Company, Potomac Edison OTHER#S ER04–375, 001, Midwest Powder River Energy Corporation Company, and West Penn Power Independent Transmission System E–49. Company, All d/b/a Allegheny Power; Operator, Inc., and PJM Interconnection, DOCKET# ER04–13, 000, Pacific Gas and PHI Operating Companies: Potomac L.L.C. Electric Company Electric Power Company, Delmarva ER04–375, 005, Midwest Independent OTHER#S ER04–13, 001, Pacific Gas and Power & Light Company, and Atlantic Transmission System Operator, Inc., and Electric Company City Electric Company; Baltimore Gas PJM Interconnection, L.L.C. E–50. and Electric Company; Jersey Central ER04–375, 006, Midwest Independent DOCKET# ER04–190, 000, Midwest Power & Light Company; Metropolitan Transmission System Operator, Inc., and Generation EME, LLC Edison Company; PECO Energy PJM Interconnection, L.L.C. ER04–190, 002, Midwest Generation EME, Company; Pennsylvania Electric E–35. LLC Company; PPL Electric Utilities DOCKET# ER04–121, 001, ISO New OTHER#S EL04–22, 001, Midwest Corporation; Public Service Electric and England Inc. Generation EME, LLC v. Commonwealth Gas Company; Rockland Electric E–36. Edison Company and Exelon Generation Company; and UGI Utilities, Inc. DOCKET# ER04–554, 001, Southern Company, LLC ER04–156, 001, Allegheny Power System Company, Services, Inc. E–51. Operating Companies: Monongahela OTHER#S ER03–386, 005, Southern DOCKET# ER04–156, 000, Allegheny Power Company, Potomac Edison Company Services, Inc. Power System Operating Companies: Company, and West Penn Power ER03–386, 002, Southern Company Monongahela Power Company, Potomac Company, All d/b/a Allegheny Power; Services, Inc. Edison Company, and West Penn Power PHI Operating Companies: Potomac E–37. Company, All d/b/a Allegheny Power; Electric Power Company, Delmarva DOCKET# EL04–57, 001, FPL Energy Marcus Hook, L.P. v. PJM PHI Operating Companies: Potomac Power & Light Company, and Atlantic Interconnection, L.L.C. Electric Power Company, Delmarva City Electric Company; Baltimore Gas E–38. Power & Light Company, and Atlantic and Electric Company; Jersey Central DOCKET# RM96–11, 000, Capacity City Electric Company; Baltimore Gas Power & Light Company; Metropolitan Reservation Open Access Transmission and Electric Company; Jersey Central Edison Company; PECO Energy Tariffs Power & Light Company; Metropolitan Company; Pennsylvania Electric E–39. Edison Company; PECO Energy Company; PPL Electric Utilities DOCKET# EL04–74, 000, New England Company; Pennsylvania Electric Corporation; Public Service Electric and Electric Transmission Corporation, New Company; PPL Electric Utilities Gas Company; Rockland Electric England Hydro Transmission Corporation; Public Service Electric and Company; and UGI Utilities, Inc. Corporation and New England Hydro- Gas Company; Rockland Electric ER04–156, 002, Allegheny Power System Transmission Electric Company, Inc. Company; and UGI Utilities, Inc. Operating Companies: Monongahela E–40. OTHER#S RT01–10, 000, Allegheny Power Power Company, Potomac Edison DOCKET# EL04–45, 000, Vermont Electric System Operating Companies; Company, and West Penn Power Cooperative, Inc. Monongahela Power Company, Potomac Company, All d/b/a Allegheny Power; E–41. Edison Company, and West Penn Power PHI Operating Companies: Potomac DOCKET# EL04–101, 000, Calpine King Company, all d/b/a Allegheny Power Electric Power Company, Delmarva City Cogen, LLC RT01–98, 000, PJM Interconnection, LLC Power & Light Company, and Atlantic OTHER#S QF85–735, 005, Calpine King EL04–41, 000, Allegheny Power System City Electric Company; Baltimore Gas City Cogen, LLC Operating Companies: Monongahela and Electric Company; Jersey Central E–42. Power Company, Potomac Edison Power & Light Company; Metropolitan DOCKET# EL98–66, 000, East Texas Company, and West Penn Power Edison Company; PECO Energy Electric Cooperative, Inc. v. Central and Company, All d/b/a Allegheny Power; Company; Pennsylvania Electric South West Services, Inc., Central Power PHI Operating Companies: Potomac Company; PPL Electric Utilities and Light Company, West Texas Utilities Electric Power Company, Delmarva Corporation; Public Service Electric and Company, Public Service Company of Power & Light Company, and Atlantic Gas Company; Rockland Electric Oklahoma and Southwestern Electric City Electric Company; Baltimore Gas Company; and UGI Utilities, Inc. Power Company and Electric Company; Jersey Central ER04–156, 003, Allegheny Power System E–43. Power & Light Company; Metropolitan Operating Companies: Monongahela DOCKET# ER99–4392, 004, Southwest Edison Company; PECO Energy Power Company, Potomac Edison Power Pool, Inc. Company; Pennsylvania Electric Company, and West Penn Power E–44. Company; PPL Electric Utilities Company, All d/b/a Allegheny Power; DOCKET# ER99–1610, 006, New Century Corporation; Public Service Electric and PHI Operating Companies: Potomac Services, Inc. Gas Company; Rockland Electric Electric Power Company, Delmarva E–45. Company; and UGI Utilities, Inc. Power & Light Company, and Atlantic DOCKET# EL04–65, 000, Citizens EL04–41, 001, Allegheny Power System City Electric Company; Baltimore Gas Communications Company Operating Companies: Monongahela and Electric Company; Jersey Central E–46. Power Company, Potomac Edison Power & Light Company; Metropolitan DOCKET# EL04–66, 000, Vermont Electric Company, and West Penn Power Edison Company; PECO Energy Cooperative, Inc. Company, All d/b/a Allegheny Power; Company; Pennsylvania Electric

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Company; PPL Electric Utilities E–62. Markets, Tariffs and Rates—Gas Corporation; Public Service Electric and DOCKET# EL02–129, 001, Southern G–1. Gas Company; Rockland Electric California Water Company DOCKET# RP04–155, 000, Northern Company; and UGI Utilities, Inc. E–63. Natural Gas Company ER04–156, 004, Allegheny Power System DOCKET# ER97–2355, 005, Southern G–2. Operating Companies: Monongahela California Edison Company DOCKET# RP04–336, 000, Kinder Morgan Power Company, Potomac Edison OTHER#S ER98–1261, 002, Southern Interstate Gas Transmission, LLC Company, and West Penn Power California Edison Company G–3. Company, All d/b/a Allegheny Power; ER98–1685, 001, Southern California DOCKET# CP01–415, 016, East Tennessee PHI Operating Companies: Potomac Edison Company Natural Gas Company E–64. Electric Power Company, Delmarva OTHER#S RP04–398, 000, East Tennessee DOCKET# EL02–125, 000, KeySpan Energy Power & Light Company, and Atlantic Natural Gas Company Development Corporation, KeySpan- City Electric Company; Baltimore Gas G–4. Ravenswood, LLC, New York Power and Electric Company; Jersey Central OMITTED Authority, Electric Power Supply Power & Light Company; Metropolitan G–5. Association, Independent Power Edison Company; PECO Energy DOCKET# RP04–381, 000, CenterPoint Producers of New York, Inc. v. New York Company; Pennsylvania Electric Energy Gas Transmission Company Independent System Operator, Inc. Company; PPL Electric Utilities G–6. OTHER#S EL02–125, 001, KeySpan Energy Corporation; Public Service Electric and OMITTED Gas Company; Rockland Electric Development Corporation, KeySpan- Ravenswood, LLC, New York Power G–7. Company; and UGI Utilities, Inc. DOCKET# RP00–477, 004, Tennessee Gas E–52. Authority, Electric Power Supply Association, Independent Power Pipeline Company DOCKET# EL04–55, 000, Haviland OTHER#S RP98–99, 009, Tennessee Gas Holdings, Inc Producers of New York, Inc. v. New York Independent System Operator, Inc. Pipeline Company E–53. RP00–477, 005, Tennessee Gas Pipeline DOCKET# ER03–409, 003, Pacific Gas and E–65. DOCKET# ER04–230, 002, New York Company Electric Company RP01–18, 004, Tennessee Gas Pipeline OTHER#S ER03–409, 002, Pacific Gas and Independent System Operator, Inc. OTHER#S EL01–45, 013, New York Company Electric Company RP03–183, 001, Tennessee Gas Pipeline ER03–409, 001, Pacific Gas and Electric Independent System Operator, Inc. ER01–1385, 014, New York Independent Company Company G–8. ER03–409, 000, Pacific Gas and Electric System Operator, Inc. ER01–3155, 005, New York Independent DOCKET# RP98–52, 053, Southern Star Company Central Gas Pipeline Inc. ER03–666, 003, Pacific Gas and Electric System Operator, Inc. ER04–230, 004, New York Independent OTHER#S SA98–33, 004, Pioneer Natural Company Resources USA, Inc. ER03–666 002 Pacific Gas and Electric System Operator, Inc. ER04–230, 005, New York Independent G–9. Company System Operator, Inc. DOCKET# RP02–114, 004, Tennessee Gas ER03–666, 001, Pacific Gas and Electric ER04–230, 003, New York Independent Pipeline Company Company System Operator, Inc. OTHER#S RP02–114, 005, Tennessee Gas ER03–666, 000, Pacific Gas and Electric E–66. Pipeline Company Company DOCKET# ER98–495, 000, Pacific Gas and RP02–114, 006, Tennessee Gas Pipeline E–54. Electric Company Company DOCKET# ER04–13, 003, Pacific Gas and E–67. G–10. Electric Company OMITTED DOCKET# RP03–262, 004, Natural Gas OTHER#S ER04–377, 003, Pacific Gas and E–68. Pipeline Company of America Electric Company DOCKET# ER98–3760, 009, California G–11. ER04–743, 001, Pacific Gas and Electric Independent System Operator DOCKET# RP04–276, 001, Southern Star Company Corporation Central Gas Pipeline, Inc. E–55. OTHER#S EC96–19, 060, California G–12. DOCKET# EL03–196, 000, Northern Independent System Operator DOCKET# OR01–2, 003, Big West Oil California Power Agency Corporation Company v. Frontier Pipeline Company E–56. ER96–1663, 063, California Independent and Express Pipeline Partnership DOCKET# EL03–158, 000, Mirant System Operator Corporation OTHER#S OR01–4, 002, Chevron Products Americas Energy Marketing, LP, Mirant E–69. Company v. Frontier Pipeline Company California, LLC Mirant Delta LLC, Mirant OMITTED and Express Pipeline Partnership Potrero, LLC E–70. G–13. E–57. DOCKET# ER04–539, 001, PJM OMITTED DOCKET# EL03–153, 000, Dynegy Power Interconnection, L.C.C. G–14. Marketing, Inc. OTHER#S ER04–539, 002, PJM DOCKET# TS04–230, 000, Black Marlin E–58. Interconnection, L.L.C. Pipeline Company OMITTED EL04–121, 000, PJM Interconnection, OTHER#S TS04–172, 000, Discovery Gas E–59. L.L.C. Transmission, LLC DOCKET# EL03–173, 000, Sempra Energy TS04–257, 000, Honeoye Storage Trading Corporation Miscellaneous Agenda Corporation and KeySpan LNG, LP OTHER#S EL03–201, 000, Sempra Energy M–1. TS04–258, 000, Nornew Energy Supply, Trading Corporation DOCKET# RM01–10, 002, Standards of Inc. E–60. Conduct for Transmission Providers TS04–7, 000, ONEOK, Inc. DOCKET# EL03–151, 000, Coral Power, M–2. TS04–7, 001, ONEOK, Inc. L.L.C DOCKET# RM02–4, 002, Critical Energy TS04–1, 000, Trans-Union Interstate OTHER#S EL03–186, 000, Coral Power, Infrastructure Information Pipeline, L.P. L.L.C. OTHER#S PL02–1, 002, Critical Energy G–15. E–61. Infrastructure Information DOCKET# PL04–3, 000, Natural Gas DOCKET# EL03–147, 000, City of RM03–6, 001, Amendments to Conform Interchangeability Glendale, California Regulations with Order No. 630 (Critical G–16. OTHER#S EL03–182, 000, City of Glendale, Energy Infrastructure Information Final DOCKET# RP04–360, 000, Maritimes & California Rule) Northeast Pipeline, L.L.C.

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G–17. for a fee, live over the Internet, via C- FEDERAL COMMUNICATIONS DOCKET# RP04–371, 000, Viking Gas Band Satellite. Persons interested in COMMISSION Transmission Company receiving the broadcast, or who need [DA 04–2071] G–18. information on making arrangements OMITTED G–19. should contact David Reininger or Julia Wireless Telecommunications Bureau DOCKET# RP04–349, 000, Tennessee Gas Morelli at the Capitol Connection (703– Extends the Freeze on High Power Use Pipeline Company 993–3100) as soon as possible or visit of the 460–470 MHz Band Offset G–20. the Capitol Connection Web site at Channels DOCKET# RP98–18, 011, Iroquois Gas http://www.capitolconnection.gmu.edu Transmission System, L.P. and click on ‘‘FERC’’. AGENCY: Federal Communications Commission. Energy Projects—Hydro [FR Doc. 04–17162 Filed 7–23–04; 11:47 am] ACTION: Notice. H–1. BILLING CODE 6717–01–P DOCKET# P–2778, 005, Idaho Power SUMMARY: This document informs that Company the freeze on the filing of applications H–2. DEPARTMENT OF ENERGY DOCKET# P–2777, 007, Idaho Power for high power operations on 12.5 kHz Company Federal Energy Regulatory offset channels in the private land H–3. Commission mobile radio (PLMR) 460–470 MHz DOCKET# P–2061, 004, Idaho Power band will remain in effect until Company Sunshine Act; Notice of Meeting, December 31, 2005. The Bureau is H–4. Notice of Vote, Explanation of Action extending the duration of the freeze to DOCKET# P–1975, 014, Idaho Power provide hospitals and other health care Company Closing Meeting and List of Persons H–5. To Attend providers that operate medical telemetry DOCKET# P–2055, 010, Idaho Power equipment in the 460–470 MHz band Company July 21, 2004. adequate time to migrate to spectrum H–6. The following notice of meeting is dedicated to the Wireless Medical DOCKET# P–696, 013, PacifiCorp published pursuant to Section 3(a) of Telemetry Service (‘‘WMTS’’), while H–7. the Government in the Sunshine Act providing PLMR users a date certain by OMITTED (Pub. L. No. 94–409), 5 U.S.C. 552b: which the freeze will end. The Bureau H–8. AGENCY HOLDING MEETING: Federal does not anticipate any further DOCKET# P–1971, 089, Idaho Power Company Energy Regulatory Commission. extensions of the December 31, 2005 OTHER#S P–1971, 054, Idaho Power DATE AND TIME: July 28, 2004, (Within a deadline. Company relatively short time after the DATES: Effective July 8, 2004. H–9. Commission’s open meeting on July 28). FOR FURTHER INFORMATION CONTACT: DOCKET# P–11393, 021, City of Saxman, PLACE: Room 3M 4A/B, 888 First Street, Alaska Freda Lippert Thyden, H–10. NE., Washington, DC 20426. [email protected], Public Safety & DOCKET# P–803, 065, Pacific Gas and STATUS: Closed. Critical Infrastructure Division, Wireless Electric Company MATTERS TO BE CONSIDERED: Non-Public, Telecommunications Bureau, (202) 418– Energy Projects—Certificates Investigations and Inquiries, 0627, or TTY (202) 418–7233. Enforcement Related Matters, and SUPPLEMENTARY INFORMATION: This is a C–1. DOCKET# RP04–139, 000, Virginia Natural Security of Regulated Facilities. summary of a Public Notice released on Gas, Inc. v. Columbia Gas Transmission FOR FURTHER INFORMATION CONTACT: July 8, 2004. Corporation Magalie R. Salas, Secretary, Telephone 1. The Commission, in 1995, adopted C–2. (202) 502–8400. a new, more efficient channel plan for DOCKET# CP04–104, 000, Transwestern Chairman Wood and Commissioners PLMR services in the 450–470 MHz Pipeline Company Brownell, Kelliher, and Kelly voted to band. Under the channel plan adopted, C–3. hold a closed meeting on July 28, 2004. channels in the 450–470 MHz band that DOCKET# CP04–367, 000, Unocal Windy The certification of the General Counsel were 12.5 kHz removed from regularly- Hill Gas Storage LLC assignable channels at that time (‘‘12.5 C–4. explaining the action closing the DOCKET# CP04–79, 000, ANR Pipeline meeting is available for public kHz offset channels’’) would be Company inspection in the Commission’s Public available for high power operations. C–5. Reference Room at 888 First Street, NE., Previously, medical telemetry systems DOCKET# CP03–32, 003, Northwest Washington, DC 20426. used these ‘‘offsets’’ on a secondary, Pipeline Corporation The Chairman and the noninterference basis to primary C–6. Commissioners, their assistants, the adjacent channel PLMR operations. DOCKET# CP04–48, 001, Chandeleur Pipe Commission’s Secretary and her Recognizing that co-channel, high Line Company assistant, the General Counsel and power operations could result in C–7. interference to medical telemetry DOCKET# CP04–102, 000, CenterPoint members of her staff, and a stenographer Energy Gas Transmission Company are expected to attend the meeting. operations, the Bureau froze the filing of C–8. Other staff members from the applications for high power operations DOCKET# CP04–58, 002, Sound Energy Commission’s program offices who will on offset channels in the 450–470 MHz Solutions advise the Commissioners in the matters band pending resolution of the medical discussed will also be present. telemetry issues. Magalie R. Salas, 2. In June 2000, the Commission Secretary. Magalie R. Salas, established the Wireless Medical The Capitol Connection offers the Secretary. Telemetry Service (WMTS), an action opportunity for remote listening and [FR Doc. 04–17163 Filed 7–23–04; 11:47 am] aimed at ensuring that in-hospital viewing of the meeting. It is available BILLING CODE 6717–01–P medical telemetry devices can operate

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free of harmful interference. In representing health care provider ASHE, the FDA and the Bureau to track establishing the WMTS, the interests, and LMCC, representing the the progress of the migration of medical Commission allotted a total of 13.5 interests of the PLMR community, to telemetry devices out of the 460–470 megahertz of spectrum on a primary develop a plan to allow for the orderly MHz band, assist hospitals with basis in three blocks (608–614 MHz, transition of high power operations on problems in migration, and 1395–1400 MHz, and 1427–1429.5 12.5 kHz offset channels in the PLMR communicate with the affected hospitals MHz). Also, the Commission 460–470 MHz band. The Bureau also regarding the regulatory impact of the determined that WMTS operations has been coordinating with lifting of the freeze on December 31, should be licensed by rule in lieu of representatives of the U.S. Food and 2005. We take this opportunity to individual licensing. Based on this Drug Administration (FDA) on this remind operators of WMTS equipment decision, the Commission further matter to ensure that medical telemetry that to be licensed as required by the decided that there was a need to communications, particularly those of a Commission’s rules, they must register establish some mechanism to track the critical nature, are not adversely their equipment and frequencies with usage of WMTS transmitters. In this affected during such transition. In this ASHE prior to operation. See 47 CFR regard, the Commission concluded that regard, the Bureau has extended the 95.1111. this information should be maintained current freeze on previous occasions in 7. The decision to extend the freeze is in a database by one or more private an effort to develop a transition plan procedural in nature and therefore not sector frequency coordinators to be and process which equitably balanced subject to the notice and comment and designated by the Bureau. Prior to the interests of the identified effective date requirements of the operation, health care providers must stakeholders and resulted in minimum Administrative Procedure Act. register all medical telemetry devices disruption to current operations in the Moreover, there is good cause for not operating on WMTS spectrum. In 460–470 MHz band. After months of using notice and comment procedures addition, the Commission encouraged discussions coordinated with the in this case, or making the freeze hospitals to migrate their medical Bureau, AHA and LMCC, by consensus, extension effective 30 days after telemetry operations from the 460–470 developed an approach whereby the publication in the Federal Register. We MHz band to the new WMTS bands. To current freeze would remain in effect find that such procedures would be accommodate this migration, the through December 31, 2005. impractical, unnecessary and contrary Commission stated its intention to lift 5. AHA and LMCC believe, on to the public interest as our compliance the freeze on applications for high balance, that the public interest would would undermine the public policy power use of offset channels in the 460– be best served by maintaining the rationale of the freeze in the first place. 470 MHz band within three years of the current freeze until December 31, 2005, This action is authorized under effective date of the WMTS rules. rather than lifting it at some earlier time. Sections 4(i), 4(j), and 303(r) of the 3. On September 23, 2003, however, This approach provides a date certain Communications Act of 1934, as the American Hospital Association by which all medical telemetry amended, 47 U.S.C. 154(i), 154(j), (AHA) reported that, based on its recent, operations in the 460–470 MHz band 303(r), and is taken under delegated informal polling of hospitals, there has can either transition to the WMTS authority pursuant to §§ 0.131 and 0.331 been virtually no migration of medical spectrum or obtain interference of the Commission’s Rules, 47 CFR telemetry systems to the WMTS protection by becoming licensed on the 0.131, 0.331. frequencies. AHA noted that high power same basis as other part 90 operations. use in the 460–470 MHz band has the It also provides sufficient time to permit Federal Communications Commission. potential to interfere with existing effective planning for an orderly and Ramona Melson, medical telemetry systems that have not efficient transition so as to avoid Associate Chief, Public Safety and Critical moved to the WMTS frequencies. AHA disruption to ongoing medical telemetry Infrastructure Division, WTB. also recognized that the land mobile operations. In addition, it provides a [FR Doc. 04–17076 Filed 7–26–04; 8:45 am] radio community is eager to obtain the mechanism to continue to protect BILLING CODE 6712–01–P full utilization of this band. In this medical telemetry operations from connection, AHA stated that ‘‘no one harmful interference pending their will benefit if widespread interference transition to WMTS spectrum or part 90 FEDERAL DEPOSIT INSURANCE to medical telemetry services results licensing. CORPORATION from the premature use of this band by 6. Given this extended transition, the higher-powered land mobile systems.’’ parties have agreed to work with both Agency Information Collection To address this matter, AHA asked that the FCC and the FDA to provide Activities: Submission for OMB the freeze not be lifted and proposed a impetus for the migration of hospitals Review; Comment Request thirty-month plan for the transition of from the 460 MHz band to the new medical telemetry operations to the WMTS bands. To further assist health AGENCY: Federal Deposit Insurance WMTS spectrum. In a Public Notice care facilities still operating low- Corporation (FDIC). released October 15, 2003, the Bureau powered telemetry systems in the 460– ACTION: Notice of information collection announced it was extending the freeze 470 MHz band in their transition to the to be submitted to OMB for review and for a period of up to 180 days and WMTS spectrum or to fully licensed approval under the Paperwork sought comment on the AHA proposal. status, ASHE has created a registration Reduction Act of 1995. The Land Mobile Communications process that will allow such hospitals Council (LMCC), an umbrella and health care facilities to register SUMMARY: In accordance with organization representing the PLMR information about their current use with requirements of the Paperwork community that includes as members all ASHE. This registration program will Reduction Act of 1995 (44 U.S.C. 3501 Part 90 frequency coordinators, opposed allow AHA and ASHE to compile a et seq.), the FDIC hereby gives notice the AHA proposal. more accurate database of the number, that it plans to submit to the Office of 4. The Bureau has been working with location and frequency being used by Management and Budget (OMB) a AHA and the American Society for hospitals operating in the 460–470 MHz request for OMB review and approval of Health Care Engineering (ASHE), band, which will, in turn allow AHA, a proposed information collection titled

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‘‘Depositor Claims for Increased insurance coverage. Further information Board of Governors of the Federal Reserve Insurance.’’ about this submission, including copies System, July 23, 2004. COMMENTS: Comments on this collection of the collection of information, may be Robert deV. Frierson, of information are welcome and should obtained by calling or writing the FDIC Deputy Secretary of the Board. be submitted on or before August 26, contact listed above. [FR Doc. 04–17179 Filed 7–23–04; 1:01 pm] 2004 to both the OMB reviewer and the Federal Deposit Insurance Corporation. BILLING CODE 6210–01–S FDIC contact listed below. ADDRESSES: Interested parties are Robert E. Feldman, invited to submit written comments to Executive Secretary. GENERAL SERVICES Thomas Nixon, Legal Division, Federal [FR Doc. 04–17014 Filed 7–26–04; 8:45 am] ADMINISTRATION Deposit Insurance Corporation, 550 17th BILLING CODE 6714–01–P Street, NW., Washington, DC 20429. All Water Resources Development Act of comments should refer to ‘‘Depositor 1999, Candy Lake Project, Oklahoma; Claims for Increased Insurance.’’ Availability of Purchase Comments may be hand-delivered to the FEDERAL RESERVE SYSTEM guard station at the rear of the 17th AGENCY: Office of Real Property Street Building (located on F Street), on Sunshine Act Meeting Disposal Office, General Services business days between 7 a.m. and 5 p.m. Administration (GSA). Comments may also be submitted to the AGENCY HOLDING THE MEETING: Board of ACTION: Notice. OMB desk officer for the FDIC: Mark Governors of the Federal Reserve Menchik, Office of Information and System. SUMMARY: In accordance with the Water Regulatory Affairs, Office of Resources Development Act of 1999, as TIME AND DATE: Management and Budget, New 11:30 a.m., Monday, amended, the Candy Lake Project, Osage Executive Office Building, Washington, August 2, 2004. County, Oklahoma, has become surplus to the needs of the Government. Under DC 20503. PLACE: Marriner S. Eccles Federal this law, the previous owner(s) of the SUPPLEMENTARY INFORMATION: Reserve Board Building, 20th and C land or their direct descendant(s) are Title: Depositor Claims for Increased Streets, N.W., Washington, D.C. 20551. Insurance. given the opportunity to purchase the OMB Number: New collection. STATUS: Closed. property for the fair market value, without competition. Frequency of Response: On occasion. MATTERS TO BE CONSIDERED: Affected Public: Depositors of failed DATES: All Applications to Purchase insured institutions who had more than 1. Personnel actions (appointments, must be executed and returned to the $100,000 deposited in a testamentary promotions, assignments, General Services Administration no deposit account, a trust account, a reassignments, and salary actions) later than January 24, 2005. involving individual Federal Reserve defined benefit plan, or other retirement ADDRESSES: Return all Applications to account who may be entitled to more System employees. Purchase to the General Services than $100,000 in deposit insurance. 2. Any items carried forward from a Administration, Real Property Disposal Estimated Annual Number of previously announced meeting. Division (7PR), 817 Taylor Street, Room Respondents: 5,025. 11B03, Fort Worth, TX 76102. Estimated Time per Response: The FOR FURTHER INFORMATION CONTACT: time per response will range from one- Michelle A. Smith, Director, Office of FOR FURTHER INFORMATION CONTACT: Mr. half hour to one hour depending on the Board Members; 202–452–2955. Melvin Freeman, Realty Officer, General form required. Services Administration (GSA), Real SUPPLEMENTARY INFORMATION: Estimated Total Annual Burden: You may Property Disposal Division (7PR), 817 2,738 hours. call 202–452–3206 beginning at Taylor Street, Room 11B03, Fort Worth, General Description of Collection: approximately 5 p.m. two business days TX 76102, telephone 817–978–3856, or Depositors of failed institutions initially before the meeting for a recorded e-mail [email protected] if you deemed to be uninsured because their announcement of bank and bank are a previous owner (or a direct deposits are over $100,000 may be holding company applications descendant) of land that was conveyed qualified for additional insurance scheduled for the meeting; or you may to the Corps of Engineers for use in the coverage if they provide the FDIC with contact the Board’s Web site at http:// Candy Lake Project in Osage County, documents certifying to the existence of www.federalreserve.gov for an electronic Oklahoma, and desire to repurchase the varying ownership rights and capacities. announcement that not only lists land and request Application to The forms in this collection facilitate applications, but also indicates Purchase (7–D–OK–0529). customers providing the FDIC with the procedural and other information about SUPPLEMENTARY INFORMATION: The information that would allow increased the meeting. property is identified as follows:

Tract No. Acreage FMV Original owner

101–1 ...... 215.69 $86,275 Chester James Thornton, Mildred Laverne Thorton. 101–2 ...... 8.02 2,800 Chester James Thornton, Mildred Laverne Thornton. 102 ...... 400.0 110,000 Joseph Fingerlin 106 ...... 59.41 10,400 Ana Bates Other. 107 ...... 530.65 265,325 Roy Glasco. 108 ...... 218.5 87,400 Bud Crutchfield, Alberta Crutchfield. 109 ...... 120.0 48,000 William M. Smith, Alice A. Smith. 111 ...... 205.41 112,975 Rose Martin. 112 ...... 1.21 120 Betty Bowen. 113 ...... 160.0 104,000 Wilma Kohlmeyer, Richard Ernest Kohlmeyer, Kristen Marie Kohlmeyer, Emma Jo Sutton, and William W. Sutton.

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Tract No. Acreage FMV Original owner

114–1 ...... 190.74 47,675 Henry C. Kohlmeyer, et al. 114–2 ...... 25.95 4,550 Henry C. Kohlmeyer, et al. 116 ...... 23.83 4,175 James E. Barnett, et al. 117 ...... 30.0 21,000 Donald E. Hazelwood, et al. 118 ...... 55.0 33,000 Roger Franklin McWilliams, Dawn McWilliams. 119–1 ...... 32.27 19,350 Harry Littleton, et al. 119–2 ...... 3.24 1,125 Harry Littleton, et al. 121 ...... 338.48 59,225 John Francis Murphy, Linda K. Murphy. 201 ...... 160.0 104,000 Floyd Lemley, Mary Frances Lemley. 202 ...... 74.26 40,850 Troy E. Miller, Wanda M. Miller, Bobby W. Miller, Diane E. Miller. 203 ...... 40.0 26,000 Lewis J. Rutherford, et al. 204 ...... 46.96 25,825 James H. Gray, Ethel Mae Gray. 206–1 ...... 19.46 3,400 Michael T. Eschbach, Geraldine L. Eschbach. 206–2 ...... 4.17 725 Michael T. Eschbach, Gerald L. Eschbach. 207–1 ...... 692.86 363,750 Oklahoma Land and Cattle Company, Inc., et al. 207–2 ...... 1.33 675 Oklahoma Land and Cattle Company, Inc., et al. 107E–10 ...... 1 9.97 4,475 Oklahoma Land and Cattle Company, Inc., et al. 110E ...... 1 1.30 50 Charlotte Tucker. 207E–17 ...... 1 1.34 10 Oklahoma Land and Cattle Company, Inc., et al. 1 Road.

All Applications to Purchase must be (ii) Application.— (ii) information sufficient to separately executed and returned to the General (I) In general.—A previous owner of land identify each parcel of land subject to this Services Administration no later than that desires to purchase the land described in subsection; and January 24, 2005. Though a contract for paragraph (1) that was owned by the previous (iii) specification of the fair market value owner of land, or by the individual from of each parcel of land subject to this sale and closing may not be readily whom the previous owner of land is subsection. accomplished, the time within which descended, shall file an application to (C) Official date of notice.—The official you respond may affect your eligibility purchase the land with the Secretary not later date of notice under this subsection shall be to purchase. The first person to execute than 180 days after the official date of notice the later of— and return an acceptable Application to to the previous owner of land under (i) the date on which actual notice is Purchase has the first option to paragraph (3). mailed; or purchase if the previous owner(s) is not (II) First to file has first option.—If more (ii) the date of publication of the notice in interested. than 1 application is filed to purchase a the Federal Register. All previous owners or direct parcel of land described in subparagraph (A), * * * * * the first option to purchase the parcel of land (i) Candy Lake Project, Osage County, descendants will be required to shall be determined in the order in which Oklahoma.—Section 563(c)(1)(B) of the Water substantiate that they are a previous applications for the parcel of and were filed. Resources Development Act of 1999 (113 owner (or direct descendant) of the (iii) Identification of previous owners of Stat. 357) is amended by striking ‘‘a deceased property they wish to purchase. land.—As soon as practicable after the date individual’’ and inserting ‘‘an individual’’. of enactment of this Act, the Secretary shall, Dated: July 19, 2004. to the extent practicable, identify each [FR Doc. 04–17011 Filed 7–26–04; 8:45 am] Melvin Freeman, previous owner of land. BILLING CODE 6820–YM–P Project Manager, GSA Real Property Disposal (iv) Consideration.—Consideration for land Office (7PR). conveyed under this subsection shall be the (c) Candy Lake Project, Osage County, fair market value of the land. Oklahoma.— (C) Disposal.—Any land described in DEPARTMENT OF HOMELAND (1) Definitions.—In this subsection: subparagraph (A) for which an application to SECURITY (A) Fair market value.—The term ‘‘fair purchase the land has not been filed under market value’’ means the amount for which subparagraph (B)(ii) within the applicable Coast Guard a willing buyer would purchase and a willing time period shall be disposed of in [USCG–2004–17511] seller would sell a parcel of land, as accordance with law. determined by a qualified, independent land [[Page 113 STAT. 358]] Collection of Information Under appraiser. (D) Extinguishment of easements.—All (B) Previous owner of land.—The term flowage easements acquired by the United Review by Office of Management and ‘‘previous owner of land’’ means a person States for use in the Candy Lake project in Budget (OMB): OMB Control Numbers: (including a corporation) that conveyed, or a Osage County, Oklahoma, are extinguished. 1625–0025 [Formerly 2115–0100], descendant of a deceased individual who (3) Notice.— 1625–0030 [Formerly 2115–0120], conveyed, land to the Corps of Engineers for (A) In general.—The Secretary shall 1625–0072 [Formerly 2115–0613], use in the Candy Lake project in Osage notify— 1625–0078 [Formerly 2115–0623] and County, Oklahoma. (i) each person identified as a previous 1625–0082 [Formerly 2115–0628] (2) Conveyances.— owner of land under paragraph (2)(B)(iii), not (A) In general.—The Secretary shall convey later than 90 days after identification, by AGENCY: Coast Guard, DHS. all right, title, and interest of the United United States mail; and ACTION: Request for comments. States in and to the land acquired by the (ii) <> the general public, not later SUMMARY: In compliance with the Osage County, Oklahoma. than 90 days after the date of enactment of (B) Previous owners of land.— this Act, by publication in the Federal Paperwork Reduction Act of 1995, this (i) In general.—The Secretary shall give a Register. request for comments announces that previous owner of land the first option to (B) Contents of notice.—Notice under this the Coast Guard has forwarded five purchase the land described in subparagraph paragraph shall include— Information Collection Reports (ICRs)— (A). (i) a copy of this subsection; 1625–0025, Carriage of Bulk Solids

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Requiring Special Handling—46 CFR FOR FURTHER INFORMATION CONTACT: Mr. Privacy Act Statement of DOT in the part 148; 1625–0030, Oil and Hazardous Arthur Requina, Office of Information Federal Register published on April 11, Materials Transfer Procedures; 1625– Management, 202–267–2326, for 2000 (65 FR 19477), or you may visit 0072, Waste Management Plans, Refuse questions on these documents; or Ms. http://dms.dot.gov. Discharge Logs, and Letters of Andrea M. Jenkins, Program Manager, Regulatory History: This request Instruction for Certain Persons-in- Docket Operations, 202–366–0271, for constitutes the 30-day notice required Charge (PIC); 1625–0078, Licensing and questions on the docket. by OIRA. The Coast Guard has already Manning Requirements for Officers on SUPPLEMENTARY INFORMATION: published (69 FR 19446, April 13, 2004) Towing Vessels; and 1625–0082, the 60-day notice required by OIRA. Public Participation and Request for Navigation Safety Equipment and That notice elicited no comments. Comments Emergency Instructions for Certain Request for Comments: The Coast Towing Vessels—abstracted below to We encourage you to participate in Guard invites comments on the the Office of Information and Regulatory this request for comment by submitting proposed collection of information to Affairs (OIRA) of the Office of comments and related materials. We determine whether the collections are Management and Budget (OMB) for will post all comments received, necessary for the proper performance of review and comment. Our ICRs describe without change, to http://dms.dot.gov, the functions of the Department. In the information we seek to collect from and they will include any personal particular, the Coast Guard would the public. Review and comment by information you have provided. We appreciate comments addressing: (1) OIRA ensures that we impose only have an agreement with DOT to use the The practical utility of the collections; paperwork burdens commensurate with Docket Management Facility. Please see (2) the accuracy of the Department’s our performance of duties. the paragraph on DOT’s ‘‘Privacy Act’’ estimated burden of the collections; (3) below. DATES: Please submit comments on or ways to enhance the quality, utility, and Submitting comments: If you submit a before August 26, 2004. clarity of the information that is the comment, please include your name and subject of the collections; and (4) ways ADDRESSES: To make sure that your address, identify the docket number for to minimize the burden of collections comments and related material do not this request for comment [USCG–2004– enter the docket [USCG–2004–17511] on respondents, including the use of 17511], indicate the specific section of automated collection techniques or more than once, please submit them by this document to which each comment only one of the following means: other forms of information technology. applies, and give the reason for each Comments, to DMS or OIRA, must (1) By mail to the Docket Management comment. You may submit your contain the OMB Control Number of the Facility, U.S. Department of comments and material by electronic Information Collection Reports (ICR) Transportation (DOT), room PL–401, means, mail, fax, or delivery to the addressed. Comments to DMS must 400 Seventh Street, SW., Washington, Docket Management Facility at the contain the docket number of this DC 20590–0001. address under ADDRESSES; but please (2) By delivery to room PL–401 on the request, USCG 2003–16251 comments to submit them by only one means. If you OIRA are best assured of having their Plaza level of the Nassif Building, 400 submit them by mail or delivery, submit Seventh Street, SW., Washington, DC, full effect if OIRA receives them 30 or them in an unbound format, no larger fewer days after the publication of this between 9 a.m. and 5 p.m., Monday 1 than 8 ⁄2 by 11 inches, suitable for request. through Friday, except Federal holidays. copying and electronic filing. If you The telephone number is 202–366– submit them by mail and would like to Information Collection Requests 9329. know that they reached the Facility, 1. Title: Carriage of Bulk Solids (3) By fax to the Docket Management please enclose a stamped, self-addressed Requiring Special Handling—46 CFR Facility at 202–493–2251. postcard or envelope. We will consider part 148. (4) Electronically through the Web all comments and material received OMB Control Number: 1625–0025 Site for the Docket Management System during the comment period. We may [Formerly 2115–0100]. at http://dms.dot.gov. change the documents supporting this Type of Request: Extension of The Docket Management Facility collection of information or even the currently approved collection. maintains the public docket for this underlying requirements in view of Affected Public: Owners and notice. Comments and material received them. operators of vessels that carry certain from the public, as well as documents Viewing comments and documents: bulk solids. mentioned in this notice as being To view comments, as well as Form: None. available in the docket, will become part documents mentioned in this notice as Abstract: The Coast Guard of this docket and will be available for being available in the docket, go to administers and enforces statutes and inspection or copying at room PL–401 http://dms.dot.gov at any time and rules for the safe transport and stowage on the Plaza level of the Nassif Building, conduct a simple search using the of hazardous materials, including bulk 400 Seventh Street, SW., Washington, docket number. You may also visit the solids. Under 46 CFR part 148, the Coast DC, between 9 a.m. and 5 p.m., Monday Docket Management Facility in room Guard may issue special permits for the through Friday, except Federal holidays. PL–401 on the Plaza level of the Nassif carriage of bulk solids requiring special You may also find this docket on the Building, 400 Seventh Street, SW., handling. Internet at http://dms.dot.gov. Washington, DC, between 9 a.m. and 5 Burden Estimates: The estimated Copies of the completed ICRs are p.m., Monday through Friday, except burden is 1,130 hours a year. available through this docket on the Federal holidays. 2. Title: Oil and Hazardous Materials Internet at http://dms.dot.gov, and also Privacy Act: Anyone can search the Transfer Procedures. from Commandant (CG–611), U.S. Coast electronic form of all comments OMB Control Number: 1625–0030 Guard Headquarters, room 6106 (Attn: received in dockets by the name of the [Formerly 2115–0120]. Mr. Arthur Requina), 2100 Second individual submitting the comment (or Type of Request: Extension of Street SW., Washington, DC 20593– signing the comment, if submitted on currently approved collection. 0001. The telephone number is 202– behalf of an association, business, labor Affected Public: Owners and 267–2326. union, etc.). You may review the operators of vessels.

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Form: None. Dated: July 15, 2004 vessels in U.S. ports and waterways. Abstract: Title 33 U.S.C. 1231 Nathaniel S. Heiner, The advice and recommendations of authorizes the Coast Guard to prescribe Acting Assistant Commandant for C4 and CTAC also assist the U.S. Coast Guard regulations related to the prevention of Information Technology. in formulating the position of the pollution. Title 33 CFR part 155 [FR Doc. 04–17054 Filed 7–26–04; 8:45 am] United States on hazardous material prescribe pollution prevention BILLING CODE 4910–15–P transportation issues prior to meetings regulations including those related to of the International Maritime transfer procedures. Organization. Burden Estimate: The estimated DEPARTMENT OF HOMELAND CTAC meets at least once a year, burden is 89 hours a year. SECURITY usually twice a year, at Coast Guard Headquarters in Washington, DC, or in 3. Title: Waste Management Plans, Coast Guard another location. CTAC’s Refuse Discharge Logs, and Letters of [USCG–2004–18650] subcommittees and working groups may Instruction for Certain Persons-in- meet to perform specific assignments as Charge (PIC). Chemical Transportation Advisory required. OMB Control Number: 1625–0072 Committee; Vacancies The Coast Guard will consider [Formerly 2115–0613]. applications for eight positions that Type of Request: Extension of AGENCY: Coast Guard, DHS. expire in December 2004. To be eligible, currently approved collection. ACTION: Request for applications. applicants should have experience in chemical manufacturing, vessel design Affected Public: Owners, operators, SUMMARY: The Coast Guard is seeking masters, and persons-in-charge of and construction, marine transportation applications for appointment to of chemicals, occupational safety and vessels. membership on the Chemical Form: None. health, or marine environmental Transportation Advisory Committee protection issues associated with Abstract: This collection of (CTAC). CTAC provides advice and chemical transportation. Each member information is needed as part of the makes recommendations to the Coast serves for a term of 3 years. Some Coast Guard’s pollution prevention Guard on matters relating to the safe and members may serve consecutive terms. compliance program. secure transportation and handling of All members serve at their own expense, Burden Estimate: The estimated hazardous materials in bulk on U.S.-flag and receive no salary, reimbursement of burden is 55,484 hours a year. vessels in U.S. ports and waterways. travel expenses, or other compensation 4. Title: Licensing and Manning DATES: Application forms should reach from the Federal Government. Requirements for Officers of Towing the Coast Guard on or before October 31, In support of the policy of the Vessels. 2004. However, the Coast Guard will Department of Homeland Security on OMB Control Number: 1625–0078 include all applications received before gender and ethnic diversity, the Coast [Formerly 2115–0623]. any recommendations are made to the Guard encourages applications from Secretary of Homeland Security. Type of Request: Extension of qualified women and members of currently approved collection. ADDRESSES: You may request an minority groups. application form by writing to Affected Public: Owners and Dated: July 15, 2004. Commandant (G–MSO–3), U.S. Coast operators of towing vessels. Joseph J. Angelo, Guard, 2100 Second Street SW., Form: None. Washington, DC 20593–0001; by calling Director of Standards, Marine Safety, Security and Environmental Protection. Abstract: Title 46 CFR part 10 (202) 267–1217/0081; or by faxing (202) prescribe regulations for the licensing of 267–4570. Submit application forms to [FR Doc. 04–17052 Filed 7–26–04; 8:45 am] maritime personnel. This information the same address. This notice and the BILLING CODE 4910–15–P collection is necessary to ensure that a application form are available on the mariner’s training information is Internet at http://dms.dot.gov. The DEPARTMENT OF HOMELAND available to assist in determining his or application form is also available at SECURITY her overall qualifications to hold certain http://www.uscg.mil/hq/g-m/advisory/ licenses. ctac/ctac.htm. Coast Guard Burden Estimates: The estimated FOR FURTHER INFORMATION CONTACT: burden is 17,159 hours a year. Commander Robert J. Hennessy, 33 CFR Part 117 Executive Director of CTAC, or Ms. Sara 5. Title: Navigation Safety Equipment [CGD08–04–026] and Emergency Instructions for Certain S. Ju, Assistant to the Executive Towing Vessels. Director, telephone (202) 267–1217/ RIN 1625–AA09 OMB Control Number: 1625–0082 0081, fax (202) 267–4570. Drawbridge Operation Regulation; [Formerly 2115–0628]. SUPPLEMENTARY INFORMATION: The Inner Harbor Navigation Canal, LA Type of Request: Extension of Chemical Transportation Advisory currently approved collection. Committee (CTAC) is an advisory AGENCY: Coast Guard, DHS. committee constituted under the Affected Public: Owners, operators, ACTION: Notice of temporary deviation Federal Advisory Committee Act, 5 and masters of vessels. from regulations. U.S.C. App. 2. It provides advice and Form: None. makes recommendations to the SUMMARY: The Commander Eighth Coast Abstract: The purpose of the Commandant through the Assistant Guard District is issuing a temporary regulations is to improve the safety of Commandant for Marine Safety, deviation from the regulation governing towing vessels and the crews that Security and Environmental Protection the operation of the Almonaster Avenue operate them. on matters relating to the safe and (L & N Railroad/Old Gentilly Road) Burden Estimates: The estimated secure transportation and handling of bascule span bridge across the Inner burden is 367,701 hours a year. hazardous materials in bulk on U.S.-flag Harbor Navigation Canal, mile 2.9 at

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New Orleans, Orleans Parish, Louisiana. regulations is authorized under 33 CFR DEPARTMENT OF HOMELAND This deviation will allow the Port of 117.35. SECURITY New Orleans to close the bridge to Dated: July 15, 2004. navigation from 7 a.m. on Thursday, Federal Emergency Management July 29, 2004 until 7 a.m. on Friday, July Marcus Redford, Agency Bridge Administrator. 30, 2004 to conduct necessary repairs on [FEMA–1520–DR] the bridge. [FR Doc. 04–17053 Filed 7–26–04; 8:45 am] DATES: This temporary deviation is BILLING CODE 4910–15–P Indiana; Amendment No. 7 to Notice of effective from 7 a.m. on Thursday, July a Major Disaster Declaration 29, 2004 until 7 a.m. on Friday, July 30, AGENCY: Federal Emergency 2004. DEPARTMENT OF HOMELAND SECURITY Management Agency, Emergency ADDRESSES: Materials referred to in this Preparedness and Response Directorate, temporary deviation are available for Federal Emergency Management Department of Homeland Security. inspection or copying at the office of the Agency ACTION: Notice. Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs SUMMARY: This notice amends the notice Federal Building, room 1313, 500 [FEMA–1529–DR] of a major disaster declaration for the Poydras Street, New Orleans, Louisiana State of Indiana (FEMA–1520–DR), California; Amendment No. 1 to Notice 70130–3310, between 7 a.m. and 3 p.m., dated June 3, 2004, and related Monday through Friday, except Federal of a Major Disaster Declaration determinations. holidays. The telephone number is (504) AGENCY: Federal Emergency EFFECTIVE DATE: July 14, 2004. 589–2965. The Eighth District Bridge Management Agency, Emergency FOR FURTHER INFORMATION CONTACT: Administration Branch maintains the Magda Ruiz, Recovery Division, Federal public docket for this temporary Preparedness and Response Directorate, Department of Homeland Security. Emergency Management Agency, deviation. Washington, DC 20472, (202) 646–2705. FOR FURTHER INFORMATION CONTACT: Phil ACTION: Notice. SUPPLEMENTARY INFORMATION: The notice Johnson, Bridge Administration Branch, of a major disaster declaration for the telephone (504) 589–2965. SUMMARY: This notice amends the notice State of Indiana is hereby amended to SUPPLEMENTARY INFORMATION: The Port of a major disaster for the State of include the following area among those of New Orleans requested a temporary California (FEMA–1529–DR), dated June areas determined to have been adversely deviation from the normal operation of 30, 2004, and related determinations. affected by the catastrophe declared a major disaster by the President in his the drawbridge in order to replace a EFFECTIVE DATE: July 12, 2004. damaged link pin bushing in the declaration of June 3, 2004: inboard side of the strain arm. This FOR FURTHER INFORMATION CONTACT: Union County for Public Assistance. bushing has been damaged as the result Magda Ruiz, Recovery Division, Federal (The following Catalog of Federal Domestic of numerous bridge allisions that have Emergency Management Agency, Assistance Numbers (CFDA) are to be used occurred recently. The repairs are Washington, DC 20472, (202) 646–2705. for reporting and drawing funds: 97.030, necessary to ensure the continued Community Disaster Loans; 97.031, Cora SUPPLEMENTARY INFORMATION: Notice is operation of the drawbridge. This Brown Fund Program; 97.032, Crisis hereby given that the incident period for Counseling; 97.033, Disaster Legal Services temporary deviation will allow the this disaster is closed effective July 12, Program; 97.034, Disaster Unemployment bridge to remain in the closed-to- 2004. Assistance (DUA); 97.046, Fire Management navigation position from 7 a.m. on Assistance; 97.048, Individual and Thursday, July 29, 2004 until 7 a.m. on (The following Catalog of Federal Domestic Household Housing; 97.049, Individual and Friday, July 30, 2004. In the event of an Assistance Numbers (CFDA) are to be used Household Disaster Housing Operations; approaching tropical storm or hurricane, for reporting and drawing funds: 97.030, 97.050 Individual and Household Program- prior to commencement of repairs, the Community Disaster Loans; 97.031, Cora Other Needs; 97.036, Public Assistance work will be rescheduled and the bridge Brown Fund Program; 97.032, Crisis Grants; 97.039, Hazard Mitigation Grant Program.) will continue to operate normally. Counseling; 97.033, Disaster Legal Services The bridge has a vertical clearance of Program; 97.034, Disaster Unemployment Michael D. Brown, one foot above high water in the closed- Assistance (DUA); 97.046, Fire Management Under Secretary, Emergency Preparedness to-navigation position and unlimited Assistance; 97.048, Individual and and Response, Department of Homeland Security. clearance in the open-to-navigation Household Housing; 97.049, Individual and position. Navigation on the waterway Household Disaster Housing Operations; [FR Doc. 04–17028 Filed 7–26–04; 8:45 am] consists of tugs with tows, small ships, 97.050 Individual and Household Program— BILLING CODE 9110–10–P fishing vessels, sailing vessels, and Other Needs, 97.036, Public Assistance other recreational craft. Due to prior Grants; 97.039, Hazard Mitigation Grant Program.) DEPARTMENT OF HOMELAND experience, as well as coordination with SECURITY waterway users, it has been determined Michael D. Brown, that this closure will not have a Federal Emergency Management significant effect on these vessels. No Under Secretary, Emergency Preparedness Agency alternate routes are available. The bridge and Response, Department of Homeland will not be able to open for emergencies. Security. [FEMA–1520–DR] [FR Doc. 04–17029 Filed 7–26–04; 8:45 am] In accordance with 33 CFR 117.35(c), Indiana; Amendment No. 8 to Notice of BILLING CODE 9110–10–P this work will be performed with all due a Major Disaster Declaration speed in order to return the bridge to normal operation as soon as possible. AGENCY: Federal Emergency This deviation from the operating Management Agency, Emergency

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Preparedness and Response Directorate, SUPPLEMENTARY INFORMATION: The notice resulting from severe storms and flooding Department of Homeland Security. of a major disaster declaration for the beginning on July 12, 2004, and continuing, ACTION: Notice. State of Michigan is hereby amended to is of sufficient severity and magnitude to include the following areas among those warrant a major disaster declaration under SUMMARY: This notice amends the notice areas determined to have been adversely the Robert T. Stafford Disaster Relief and of a major disaster for the State of affected by the catastrophe declared a Emergency Assistance Act, 42 U.S.C. 5121– Indiana (FEMA–1520–DR), dated June 3, major disaster by the President in his 5206 (the Stafford Act). I, therefore, declare 2004, and related determinations. declaration of June 30, 2004: that such a major disaster exists in the State of New Jersey. EFFECTIVE DATE: July 14, 2004. All counties in the State of Michigan are In order to provide Federal assistance, you FOR FURTHER INFORMATION CONTACT: eligible to apply for assistance under the are hereby authorized to allocate from funds Hazard Mitigation Grant Program. Magda Ruiz, Recovery Division, Federal available for these purposes, such amounts as Emergency Management Agency, (The following Catalog of Federal Domestic you find necessary for Federal disaster Assistance Numbers (CFDA) are to be used Washington, DC 20472, (202) 646–2705. assistance and administrative expenses. for reporting and drawing funds: 97.030, You are authorized to provide Individual SUPPLEMENTARY INFORMATION: Notice is Community Disaster Loans; 97.031, Cora hereby given that the incident period for Brown Fund Program; 97.032, Crisis Assistance, Public Assistance and Hazard this disaster is reopened. The incident Counseling; 97.033, Disaster Legal Services Mitigation in the designated areas. Consistent period for this declared disaster is now Program; 97.034, Disaster Unemployment with the requirement that Federal assistance May 25, 2004, through and including Assistance (DUA); 97.046, Fire Management be supplemental, any Federal funds provided June 25, 2004. Assistance; 97.048, Individual and under the Stafford Act for Public Assistance, Household Housing; 97.049, Individual and Hazard Mitigation, and the Other Needs (The following Catalog of Federal Domestic Household Disaster Housing Operations; Assistance under Section 408 of the Stafford Assistance Numbers (CFDA) are to be used 97.050, Individual and Household Program- Act will be limited to 75 percent of the total for reporting and drawing funds: 97.030, Other Needs; 97.036, Public Assistance Community Disaster Loans; 97.031, Cora eligible costs. Grants; 97.039, Hazard Mitigation Grant Further, you are authorized to make Brown Fund Program; 97.032, Crisis Program.) Counseling; 97.033, Disaster Legal Services changes to this declaration to the extent Program; 97.034, Disaster Unemployment Michael D. Brown, allowable under the Stafford Act. Assistance (DUA); 97.046, Fire Management Under Secretary, Emergency Preparedness Assistance; 97.048, Individual and The time period prescribed for the and Response, Department of Homeland implementation of section 310(a), Household Housing; 97.049, Individual and Security. Household Disaster Housing Operations; Priority to Certain Applications for [FR Doc. 04–17032 Filed 7–26–04; 8:45 am] 97.050 Individual and Household Program- Public Facility and Public Housing Other Needs; 97.036, Public Assistance BILLING CODE 9110–10–P Assistance, 42 U.S.C. 5153, shall be for Grants; 97.039, Hazard Mitigation Grant a period not to exceed six months after Program.) the date of this declaration. Michael D. Brown, DEPARTMENT OF HOMELAND SECURITY The Federal Emergency Management Under Secretary, Emergency Preparedness Agency (FEMA) hereby gives notice that and Response, Department of Homeland Federal Emergency Management Security. pursuant to the authority vested in the Agency Under Secretary for Emergency [FR Doc. 04–17031 Filed 7–26–04; 8:45 am] [FEMA–1530–DR] Preparedness and Response, Department BILLING CODE 9110–10–P of Homeland Security, under Executive New Jersey; Major Disaster and Order 12148, as amended, Peter DEPARTMENT OF HOMELAND Related Determinations Martinasco, of FEMA is appointed to act SECURITY as the Federal Coordinating Officer for AGENCY: Federal Emergency this declared disaster. Management Agency, Emergency Federal Emergency Management I do hereby determine the following Agency Preparedness and Response Directorate, Department of Homeland Security. areas of the State of New Jersey to have been affected adversely by this declared ACTION: Notice. [FEMA–1527–DR] major disaster: SUMMARY: Michigan; Amendment No. 1 to Notice This is a notice of the Burlington and Camden Counties for of a Major Disaster Declaration Presidential declaration of a major Individual Assistance. disaster for the State of New Jersey Burlington County for Public Assistance. AGENCY: Federal Emergency (FEMA–1530–DR), dated July 16, 2004, Burlington and Camden Counties in the Management Agency, Emergency and related determinations. State of New Jersey are eligible to apply for Preparedness and Response Directorate, EFFECTIVE DATE: July 16, 2004. assistance under the Hazard Mitigation Grant Department of Homeland Security. FOR FURTHER INFORMATION CONTACT: Program. ACTION: Notice. Magda Ruiz, Recovery Division, Federal (The following Catalog of Federal Domestic Emergency Management Agency, Assistance Numbers (CFDA) are to be used SUMMARY: This notice amends the notice Washington, DC 20472, (202) 646–2705. for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora of a major disaster declaration for the SUPPLEMENTARY INFORMATION: Notice is Brown Fund Program; 97.032, Crisis State of Michigan (FEMA–1527–DR), hereby given that, in a letter dated July Counseling; 97.033, Disaster Legal Services dated June 30, 2004, and related 16, 2004, the President declared a major determinations. Program; 97.034, Disaster Unemployment disaster under the authority of the Assistance (DUA); 97.046, Fire Management EFFECTIVE DATE: July 16, 2004. Robert T. Stafford Disaster Relief and Assistance; 97.048, Individual and FOR FURTHER INFORMATION CONTACT: Emergency Assistance Act, 42 U.S.C. Household Housing; 97.049, Individual and Magda Ruiz, Recovery Division, Federal 5121–5206 (the Stafford Act), as follows: Household Disaster Housing Operations; Emergency Management Agency, I have determined that the damage in 97.050, Individual and Household Program- Washington, DC 20472, (202) 646–2705. certain areas of the State of New Jersey, Other Needs; 97.036, Public Assistance

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Grants; 97.039, Hazard Mitigation Grant Form(s): Transportation Worker DEPARTMENT OF HOMELAND Program.) Identification Credential (TWIC) SECURITY Michael D. Brown, Prototype Enrollment; Transportation Transportation Security Administration Under Secretary, Emergency Preparedness Worker Survey. and Response, Department of Homeland Affected Public: Transportation Notice; Reports, Forms, and Record Security. Workers; Transportation Facility Keeping Requirements: Agency [FR Doc. 04–17030 Filed 7–26–04; 8:45 am] Security Stakeholders. Information Collection Activity Under BILLING CODE 9110–10–P Abstract: TSA is in the process of OMB Review; Transportation Worker evaluating the TWIC Program concept, Identification Credential (TWIC) which, if approved, will provide for a National Survey DEPARTMENT OF HOMELAND single, uniform credential nationwide SECURITY for transportation workers who require AGENCY: Transportation Security access to secure transportation areas. In Administration (TSA), DHS. Transportation Security Administration the Technology Evaluation phase, TSA ACTION: Notice. evaluated five card technologies in Reports, Forms, and Record Keeping SUMMARY: This notice announces that various types of physical and logical Requirements: Agency Information TSA has forwarded the Information access transactions. In the Prototype Collection Activity Under OMB Review; Collection Request (ICR) abstracted phase, the program intends to evaluate Transportation Worker Identification below to the Office of Management and a broad range of business processes as Credential (TWIC) Prototype; Budget (OMB) for review and clearance they relate to credentialing, identity, Transportation Worker Survey; Lead under the Paperwork Reduction Act. and identity management. Specifically, Stakeholder Port Security Interviews The ICR describes the nature of the TSA will evaluate certain technologies information collection and its expected AGENCY: Transportation Security and business processes in the Prototype burden. TSA published a Federal Administration (TSA), DHS. Phase of TSA’s pilot project to fully Register notice, with a 60-day comment development the program, measure ACTION: Notice. period soliciting comments, of the credential performance and following collection of information on SUMMARY: This notice announces that effectiveness, collect user feedback, and April 5, 2004, 69 FR 17704. TSA has forwarded the Information provide data analysis prior to Collection Request (ICR) abstracted proceeding to full-scale deployment. DATES: Send your comments by August below to the Office of Management and TSA will issue credentials to a select 26, 2004. A comment to OMB is most Budget (OMB) for review and clearance group of transportation workers and effective if OMB receives it within 30 under the Paperwork Reduction Act. then administer two instruments to days of publication. The ICR describes the nature of the collect data on the effectiveness of the ADDRESSES: Comments may be faxed to information collection and its expected TWIC program as well as the the Office of Information and Regulatory burden. TSA published a Federal satisfaction of the transportation Affairs, Office of Management and Register notice, with a 60-day comment workers who will be using these Budget, Attention: DHS–TSA Desk period soliciting comments, of the credentials. Officer, at (202) 395–5806. following collection of information on Number of Respondents: 200,050. FOR FURTHER INFORMATION CONTACT: April 5, 2004, 69 FR 17704. Conrad Huygen, Office of Information Estimated Annual Burden Hours: Management Programs, TSA DATES: Send your comments by August 73,633. 26, 2004. A comment to OMB is most Headquarters, TSA–17, 601 South 12th effective if OMB receives it within 30 Estimated Annual Cost Burden: $0. Street, Arlington, VA 22202–4220; days of publication. TSA is soliciting comments to— telephone (571) 227–1954; facsimile ADDRESSES: Comments may be faxed to (1) Evaluate whether the proposed (571) 227–2906. the Office of Information and Regulatory information requirement is necessary for SUPPLEMENTARY INFORMATION: Affairs, Office of Management and the proper performance of the functions Transportation Security Administration Budget, Attention: DHS-TSA Desk of the agency, including whether the (TSA) Officer, at (202) 395–5806. information will have practical utility; Title: Transportation Worker FOR FURTHER INFORMATION CONTACT: (2) Evaluate the accuracy of the Identification Credential (TWIC) Conrad Huygen, Office of Information agency’s estimate of the burden; National Survey. Management Programs, TSA (3) Enhance the quality, utility, and Type of Request: New collection. Headquarters, TSA–17, 601 South 12th clarity of the information to be OMB Control Number: Not yet Street, Arlington, VA 22202–4220; collected; and assigned. telephone (571) 227–1954; facsimile (4) Minimize the burden of the Form(s): TWIC National Survey. (571) 227–2906. collection of information on those who Affected Public: Transportation Site SUPPLEMENTARY INFORMATION: are to respond, including through the Security Directors or designees. use of appropriate automated, Abstract: TSA is in the process of Transportation Security Administration evaluating the TWIC Program concept, (TSA) electronic, mechanical, or other technological collection techniques or which, if approved, will provide for a Title: Transportation Worker other forms of information technology. single, uniform credential nationwide Identification Credential (TWIC) for transportation workers who require Prototype; Transportation Worker Issued in Arlington, Virginia, on July 20, access to secure transportation areas. In Survey; Lead Stakeholder Port Security 2004. the Technology Evaluation phase, TSA Interviews. Susan T. Tracey, evaluated five card technologies in Type of Request: New collection. Chief Administrative Officer. various types of physical and logical OMB Control Number: Not yet [FR Doc. 04–17024 Filed 7–26–04; 8:45 am] access transactions, and in the Prototype assigned. BILLING CODE 4910–62–P phase, it intends to evaluate a broad

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range of business processes as they ACTION: Notice of review. Why is a 5-year Review Conducted? relate to credentialing, identity, and Section 4(c)(2)(A) of the Act requires identity management. The information SUMMARY: The U.S. Fish and Wildlife that we conduct a review of listed collected for the TWIC National Survey Service (‘‘we’’) announces a 5-year species at least once every 5 years. We will be used as a means to develop a review of the Bliss Rapids snail are then, under section 4(c)(2)(B) and predictive model of the current access (Taylorconcha serpenticola) under the provisions of subsections (a) and (b) control technology infrastructure at section 4(c)(2)(A) of the Endangered to determine, on the basis of such transportation sites across the nation, Species Act of 1973 (Act) (16 U.S.C. review, whether or not any species should the TWIC be approved for 1531 et seq.). The purpose of reviews should be removed from the List implementation. The information conducted under this section of the Act (delisted), or reclassified from collected in the National Survey is to ensure that the classification of endangered to threatened, or threatened pertains to the transportation facility species as threatened or endangered on to endangered. Our regulations at 50 and the numbers and categories of the List of Endangered and Threatened CFR 424.21 require that we publish a transportation workers at the facility, Wildlife and Plants (List) is accurate. notice in the Federal Register not to the individuals. This information We are requesting submission of the announcing those species currently will be used to help determine under active review. This notice implementation approaches for the most current scientific and commercial information available on the Bliss announces our active review of the Bliss TWIC Program at transportation Rapids snail. facilities and modes across the country Rapids snail since its original listing as that differ by type and size. a threatened species in 1992 (57 FR What Information is Considered in the Participation will be voluntary. 59244). If the present classification of Review? this species is not consistent with the Number of Respondents: 300. The 5-year review considers all new Estimated Annual Burden Hours: 600. best scientific and commercial information available at the conclusion information available at the time of the Estimated Annual Cost Burden: $0. review. This review will consider the TSA is soliciting comments to— of this review, we may propose a change in the listing status of this species. Any best scientific and commercial data that (1) Evaluate whether the proposed has become available since the current information requirement is necessary for change in Federal classification would require a separate rule-making process. listing determination or most recent the proper performance of the functions status review, such as: of the agency, including whether the DATES: In order to allow us adequate A. Species biology including, but not information will have practical utility; time to consider your information in limited to, population trends, (2) Evaluate the accuracy of the this review, we must receive your distribution, abundance, demographics, agency’s estimate of the burden; information no later than September 24, and genetics; (3) Enhance the quality, utility, and 2004. We also continue to accept B. Habitat conditions including, but clarity of the information to be information about any listed species at not limited to, amount, distribution, and collected; and any time. suitability; (4) Minimize the burden of the C. Conservation measures that have ADDRESSES: Submit information and collection of information on those who been implemented that benefit the questions to the Field Supervisor, are to respond, including through the species; Attention Bliss Rapids Snail 5-Year use of appropriate automated, D. Threat status and trends (see five Review, Snake River Fish and Wildlife electronic, mechanical, or other factors under heading ‘‘How Do We Office, 1387 S. Vinnell Way, Suite 368, technological collection techniques or Determine Whether a Species is Boise, Idaho 83709. Comments may also other forms of information technology Endangered or Threatened?’’); and be faxed to 208–378–5262, or e-mailed where appropriate. E. Other new information, data, or to [email protected]. Please Issued in Arlington, Virginia, on July 20, corrections including, but not limited 2004. include ‘‘Bliss Rapids Snail 5-Year to, taxonomic or nomenclatural changes, Review Comments’’ in the title line for Susan T. Tracey, identification of erroneous information faxes and e–mails. Please submit Chief Administrative Officer. contained in the List, and improved electronic comments in an ASCII file analytical methods. [FR Doc. 04–17025 Filed 7–26–04; 8:45 am] format, and avoid the use of special BILLING CODE 4910–62–P characters and encryption. Information How is the Bliss Rapids Snail Currently received in response to this notice and Listed? review will be available for public The List is found in 50 CFR 17.11 DEPARTMENT OF THE INTERIOR inspection by appointment, during (wildlife) and 17.12 (plants). normal business hours, at the above Amendments to the List through final Fish and Wildlife Service address. rules are published in the Federal Register. The List is also available on Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: our Internet site at http:// and Plants; 5-Year Review of the Bliss Steve Lysne at the above address, by endangered.fws.gov/ Rapids Snail phone at 208/378–5243, or by e–mail at wildlife.html#Species. In Table 1 below, [email protected]. AGENCY: Fish and Wildlife Service, we provide a summary of the listing Interior. SUPPLEMENTARY INFORMATION: information for the Bliss Rapids snail.

TABLE 1.—SUMMARY OF THE LISTING INFORMATION FOR THE BLISS RAPIDS SNAIL

Common name Scientific name Status Where listed Final listing rule

Bliss Rapids snail ...... Taylorconcha serpenticola ...... Threatened ... U.S.A. (ID) ...... 57 FR 59244 (14–DEC– 92).

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Definitions Related to This Notice copies of any pertinent publications, 8330, 24 hours a day, seven days a The following definitions are reports, or letters by knowledgeable week, to contact Mrs. Belenski. sources. provided to assist those persons who Sherri D. Belenski, contemplate submitting information Authority: This document is published Land Law Examiner, Branch of Land Transfer regarding the status of the species being under the authority of the Endangered Services. Species Act (16 U.S.C. 1531 et seq.). reviewed: [FR Doc. 04–17091 Filed 7–26–04; 8:45 am] A. Species includes any species or Dated: June 22, 2004. BILLING CODE 4310–GG–P subspecies of fish, wildlife, or plant, William F. Shake, and any distinct population segment of Acting Regional Director, Region 1, U. S. Fish any species of vertebrate, which and Wildlife Service. DEPARTMENT OF THE INTERIOR interbreeds when mature. [FR Doc. 04–16988 Filed 7–26–04; 8:45 am] B. Endangered means any species that Bureau of Land Management is in danger of extinction throughout all BILLING CODE 4310–55–P or a significant portion of its range. [ID074–04–1430–EU 252R, IDI–34375/IDI– 33756] C. Threatened means any species that DEPARTMENT OF THE INTERIOR is likely to become an endangered Notice of Intent To Prepare a Land Use species within the foreseeable future Bureau of Land Management Plan Amendment To Provide for a throughout all or a significant portion of Proposed Direct Land Sale its range. [AK–961–1410–HY–P; AA–6981–D, SEA–4] AGENCY: Bureau of Land Management, How Do We Determine Whether a Interior. Species is Endangered or Threatened? Alaska Native Claims Selection ACTION: Notice of Intent. Section 4(a)(1) of the Act requires that AGENCY: Bureau of Land Management, we determine whether a species is Interior. SUMMARY: Pursuant to 43 CFR part 1600, endangered or threatened based on one ACTION: Notice of decision approving the Bureau of Land Management (BLM) or more of the five following factors: lands for conveyance. Idaho Falls Field Office (IFFO) proposes A. The present or threatened to amend the Medicine Lodge Resource destruction, modification, or SUMMARY: As required by 43 CFR Management Plan (RMP) to identify a curtailment of its habitat or range; 2650.7(d), notice is hereby given that an 5.81 acre parcel of public land for B. Overutilization for commercial, appealable decision approving lands for disposal in Jefferson County, Idaho. recreational, scientific, or educational conveyance pursuant to the Alaska Additionally, the IFFO proposes to purposes; Native Claims Settlement Act and the patent the parcel to Byron and Teresa C. Disease or predation; Haida Land Exchange Act of 1986 will Blakely, reserving a conservation D. The inadequacy of existing be issued to Haida Corporation. The easement to the United States. regulatory mechanisms; or lands are located in T. 54 S., R. 63 E., DATES: Comments regarding the E. Other natural or manmade factors and T. 56 S., R. 64 E., Copper River proposed plan amendment must be affecting its continued existence. Meridian, in the vicinity of Sitka, Our assessment of these factors is received by September 10, 2004. Alaska, and contain approximately 63 required, under section 4(b)(1) of the ADDRESSES: Written comments should acres. Notice of decision will also be Act, to be based solely on the best be sent to Carol McCoy Brown, Field published four times in the Juneau scientific and commercial data Manager, Idaho Falls Field Office, 1405 Empire. available. Hollipark Drive, Idaho Falls, Idaho DATES: The time limits for filing an 83401. What Could Happen as a Result of This appeal are: FOR FURTHER INFORMATION CONTACT: Review? 1. Any party claiming a property Karen Rice, Wildlife Biologist, or Skip If we find that there is information interest which is adversely affected by Staffel, Realty Specialist, at the above concerning the Bliss Rapids snail the decision shall have until August 26, address or by calling (208) 524–7500. indicating a change in classification 2004 to file an appeal. SUPPLEMENTARY INFORMATION: The may be warranted, we may propose a 2. Parties receiving service of the following described public land in new rule that could do one of the decision by certified mail shall have 30 Jefferson County, Idaho, will be following: (a) reclassify the species from days from the date of receipt to file an examined for possible disposal by direct threatened to endangered; or (b) remove appeal. sale under sections 203 and 209 of the of the species from the List. If we find Parties who do not file an appeal in Federal Land Policy and Management that a change in classification is not accordance with the requirements of 43 Act of 1976, 43 U.S.C. 1713 and 1719: warranted, the Bliss Rapids snail will CFR Part 4, Subpart E, shall be deemed remain on the List under its current to have waived their rights. Boise Meridian, Idaho threatened status. ADDRESSES: A copy of the decision may T. 4 N., R. 40 E., Public Solicitation of New Information be obtained from: Sec. 25, Lot 18. We request any new scientific or Bureau of Land Management, Alaska The land described above contains commercial information concerning the State Office, 222 West Seventh Avenue, approximately 5.81 acres. status of the Bliss Rapids snail. See #13, Anchorage, Alaska 99513–7599. Upon publication of this notice in the ‘‘What Information is Considered in the FOR FURTHER INFORMATION CONTACT: Federal Register, the land described Review?’’ heading above for specific Sherry Belenski, by phone at (907) 271– above will be segregated from types of information. If possible, this 3333, or by e-mail at appropriation under the public land information should be supported by [email protected]. Persons laws, including the mining laws, except documentation such as maps, a list of who use a telecommunication device for the sale provisions of FLPMA. bibliographic references, methods used (TTD) may call the Federal Information An environmental assessment will be to gather and analyze the data, and/or Relay Service (FIRS) on 1–800–877– completed for this action. If the land is

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found suitable for disposal, the United proposals and no prospectus is being Park and Preserve. The purpose of the States would offer it for direct sale to issued at this time. The Secretary plan and EIS is to formulate a Byron and Teresa Blakely at fair market intends to issue a competitive comprehensive plan for the backcountry value, with a conservation easement solicitation for offers for a long-term of Denali National Park and Preserve, retained by the BLM. This action would operator for various services in the near including designated wilderness that resolve litigation entitled United States future. You may be placed on a mailing will provide management direction over v. Byron Blakely and Teresa Blakely list for receiving information regarding the next 15–20 years. The backcountry (Civ. 99–339–E–BLW) over disputed the competitive solicitation by sending of Denali National Park and Preserve is ownership of lands. The public is a written request to the following defined to include the entire park invited to provide scoping comments on address: Superintendent, Fire Island except for those areas designated the issues that should be addressed in National Seashore, 120 Laurel Street, specifically for development in the the plan amendment and environmental Patchogue, NY 11772. entrance area and along the road assessment. The following resources EFFECTIVE DATE: August 26, 2004. corridor. The NPS initiated this will be considered in preparation of the backcountry management plan EIS FOR FURTHER INFORMATION CONTACT: plan amendment: Lands, wildlife and (Federal Register, 64 FR 49503, 1999) to Concession Program Manager, National migratory birds, recreation, wilderness, address the rapidly growing level and Park Service, Washington, DC 20240, range, minerals, cultural resources, diversity of uses, resource management Telephone 202/513–7156. watershed/soils, threatened/endangered needs, and the anticipated demand for species, and hazardous materials. Staff Dated: March 27, 2004. future uses not foreseen or addressed in specialists representing these resources Richard G. Ring, the 1986 General Management Plan. In will make up the planning team. Associate Director, Administration, Business the February 2003 Draft Plan and EIS, Planning issues will include the same Practices and Workforce Development. the NPS presented a range of four action planning criteria originally considered [FR Doc. 04–16990 Filed 7–26–04; 8:45 am] alternatives based on planning for the Medicine Lodge RMP; however, BILLING CODE 4312–53–M objectives, park resources, and public issues for this amendment are expected input which described actions related to to primarily involve the adjustment of management area designation, land tenure. No public meetings are DEPARTMENT OF THE INTERIOR recreational activities, and scheduled. administrative activities. Current land use planning National Park Service The Revised Draft Plan and EIS will information is available at the Idaho present four new action alternatives that Falls BLM office. Office hours are 7:45 Notice To Prepare a Revised Draft EIS respond to public comment on the a.m. to 4:30 p.m., Monday through AGENCY: National Park Service, Interior. February 2003 Draft Backcountry Management Plan and EIS. The revised Friday except holidays. ACTION: Notice to prepare a Revised alternatives will broaden the range of Dated: July 1, 2004. Draft Backcountry Management Plan, potential actions, clarify the Glen Guenther, General Management Plan Amendment descriptions of management areas, and Acting Field Manager, Idaho Falls Field and Environmental Impact Statement describe methodologies for managing Office. for Denali National Park and Preserve. access to the park and preserve. It will [FR Doc. 04–17093 Filed 7–26–04; 8:45 am] SUMMARY: The National Park Service also refine other actions described in the BILLING CODE 4310–GG–P (NPS) announces its intent to prepare a draft plan in response to substantive Revised Draft Backcountry Management comments related to guided activities and commercial services, facilities, and DEPARTMENT OF THE INTERIOR Plan, General Management Plan Amendment and Environmental Impact administration. National Park Service Statement (EIS) for Denali National Park Ralph Tingey, and Preserve. The Revised Draft EIS will Public notice. Acting Regional Director, Alaska. evaluate four new action alternatives in [FR Doc. 04–16993 Filed 7–26–04; 8:45 am] addition to the no-action alternative SUMMARY: Public notice is hereby given BILLING CODE 4312–HT–P that the National Park Service proposes which will replace the four action to award two temporary concession alternatives included in the February contracts, one at Watch Hill and the 2003 Draft Backcountry Management DEPARTMENT OF THE INTERIOR other at Sailor’s Haven to include the Plan and EIS (Federal Register, 68 FR operation of marina, food service, 8782, 2003). The NPS decision to revise National Park Service campground, and sundry merchandise the plan is in response to public Merced Wild and Scenic River Revised sales facilities and services for the comment on the February 2003 draft Comprehensive Management Plan; public at these locations within Fire which indicated the need for revised Yosemite National Park, Mariposa and Island National Seashore, New York for management area descriptions and Madera Counties, CA; Notice of Intent a term not to exceed October 31, 2004. additional actions. The Revised Draft To Prepare Supplemental It is necessary to award these contracts Backcountry Management Plan and EIS Environmental Impact Statement in order to avoid the interruption of will be available in Fall 2004. visitor services. FOR FURTHER INFORMATION CONTACT: Summary: Pursuant to provisions of SUPPLEMENTARY INFORMATION: These Mike Tranel, Chief of Planning, Denali the National Environmental Policy Act temporary concession contracts are National Park and Preserve. Telephone: (Pub. L. 91–190), the Wild and Scenic being awarded to the Davis Park Marine (907) 644–3611. Rivers Act (Pub. L. 90–542), and the Service, Inc., Patchogue, New York and SUPPLEMENTARY INFORMATION: The Order of the U.S. District Court for the the Howard T. Rose Company, Inc., National Park Service (NPS) is preparing Eastern District of California, the Sayville, New York. a backcountry management plan and National Park Service is initiating This action is issued pursuant to 36 EIS that will amend the 1986 General public scoping for the conservation CFR 51.24(a). This is not a request for Management Plan for Denali National planning and environmental impact

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analysis process necessary for revising developed in reliance upon the invalid and considered during revision of the the Merced Wild and Scenic River CMP.’’, and clarified its Opinion of CMP, and are to be addressed to the Comprehensive Management Plan October 27, 2003, stating the Court Superintendent, Attn: Merced River (CMP) and preparing a Supplemental ‘‘held that the entire Merced Wild and Plan, PO Box 577, Yosemite National Environmental Impact Statement (SEIS). Scenic River Comprehensive Park, CA 95389, or faxed to (209) 379– The revised plan will address factors Management Plan (CMP) is invalid due 1294, and must be postmarked not later identified by the Court, including user to two deficiencies: (1) A failure to than 30 days from the publication date capacities throughout the entire park adequately address user capacities; and of the NOI (if sent via e-mail or fax, corridor and the river corridor boundary (2) the improper drawing of the Merced transmitted by that date to in El Portal. The purpose of this scoping River’s boundaries at El Portal’’ (Friends [email protected]). Please note phase is to elicit early public comments of Yosemite Valley v. Norton, 348 F.3d that names and addresses of people who regarding issues and concerns to be 789, 803 9th Cir. 2003). comment become part of the public addressed, including a suitable range of The Merced Wild and Scenic River record. If individuals commenting alternatives, appropriate mitigation Comprehensive Management Plan/Final request that their name or\and address measures, and the nature and extent of Environmental Impact Statement, its be withheld from public disclosure, it potential environmental impacts. Record of Decision, the 2001 Merced will be honored to the extent allowable Background: In 1987, Congress Wild and Scenic River Comprehensive by law. Such requests must be stated designated 122 miles of the Merced Management Plan, and the U.S. District prominently in the beginning of the River as Wild and Scenic, including 81 Court Order defining the scope of this comments. There also may be miles within Yosemite National Park supplemental conservation planning circumstances wherein the NPS will and the El Portal Administrative Site. effort, are available at http:// withhold from the record a respondent’s Subsequently the U.S. Forest Service www.nps.gov/yose/planning/. Copies of identity, as allowable by law. As always: and Bureau of Land Management jointly the 2001 Comprehensive Management NPS will make available to public completed a comprehensive Plan may also be obtained by phoning inspection all submissions from management plan for those portions of (209) 379–1365 or writing to the organizations or businesses and from the Merced River within their Superintendent at the address below. persons identifying themselves as jurisdiction outside of Yosemite Scoping and Public Meetings: representatives or officials of National Park. The National Park Participation of interested individuals organizations and businesses; and, Service (NPS) completed all planning and organizations will be a key element anonymous comments are not for the NPS administered river segments of the current conservation planning considered. with the signing, on August 9, 2000, of and environmental analysis process. Decision Process: Announcements of the Record of Decision for the Merced Concurrently, tribal, Federal, State, and future public involvement Wild and Scenic River Comprehensive local government representatives will be opportunities, including availability of Management Plan/Final Environmental consulted. All written comments the draft CMP/SEIS for review, will be Impact Statement (a revised Record of received during the scoping period and achieved via regional news media, Decision was signed on November 3, public meetings will aid in preparing direct mailings, and the Federal 2000). In February 2001, the Merced the Merced Wild and Scenic River Register. After due consideration of all Wild and Scenic River Comprehensive Revised Comprehensive Management comments received on the draft CMP/ Management Plan was released, which Plan/Supplemental Environmental SEIS, a final document will be prepared set forth the approved management Impact Statement. Suggestions regarding and its availability similarly announced. policies and guidelines for the Merced issues to be addressed and information As this is a delegated EIS, the official Wild and Scenic River (analyzed as the relevant to determining the scope of the responsible for the final decision Preferred Alternative in the Merced current conservation planning and regarding the forthcoming plan is the Wild and Scenic River Comprehensive environmental impact analysis process Regional Director, Pacific West Region, Management Plan/Final Environmental are being sought for a 30-day period National Park Service; the official Impact Statement, and modified by the beginning on the publication date of this responsible for subsequent Record of Decision). In accord with the NOI (and immediately upon implementation would be the 1968 Wild and Scenic Rivers Act, the confirmation of this date an Superintendent, Yosemite National river segments within Yosemite announcement of the duration of the Park. National Park and the El Portal scoping period will be posted on the Administrative Site were classified, park Web site, and press releases Dated: June 9, 2004. boundaries delineated, and distributed to local and regional media). Jonathan B. Jarvis, outstandingly remarkable values Public scoping meetings will be held Regional Director, Pacific West Region. identified. during July including the following [FR Doc. 04–16991 Filed 7–26–04; 8:45 am] In August 2000, subsequent to the locations: Yosemite Valley, Mariposa, BILLING CODE 4312–FY–P original signing of the Record of and the San Francisco Bay Area; dates, Decision, a lawsuit was brought against times, specific locations, and additional the completed plan in the U.S. District information will be released via regional DEPARTMENT OF THE INTERIOR Court for the Eastern District of and local news media, and updates will California by the Friends of Yosemite also be available at the above website or National Park Service Valley and Mariposans for phone. National Register of Historic Places; Environmentally Responsible Growth Scope of issues identified to date Notification of Pending Nominations (Friends of Yosemite Valley v. Norton, include: Land management, user 194 F.Supp.2d 1066). In April 2004, the capacities, appropriate types and levels Nominations for the following U.S. Court of Appeals for the Ninth of recreation, and protection and properties being considered for listing Circuit issued an Order granting ‘‘a enhancement of the Merced River’s in the National Register were received temporary stay of proceedings and an Outstandingly Remarkable Values. All by the National Park Service before July injunction prohibiting NPS from scoping comments received will be 17, 2004. Pursuant to section 60.13 of 36 implementing any and all projects incorporated into a comment database CFR Part 60 written comments

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concerning the significance of these TEXAS Perkasie on LR 09118, East Rockhill Township Perkasie 80003440 properties under the National Register Kendall County criteria for evaluation may be forwarded A request for a MOVE has been made for Comfort Historic District (Boundary by United States Postal Service, to the the following resource: Increase), Roughly bounded by TX 27. National Register of Historic Places, Lindner Ave., Cypress Creek, First St., and MISSISSIPPI National Park Service, 1849 C St. NW., Front St., Comfort, 04000911 2280, Washington, DC 20240; by all Hinds County other carriers, National Register of VIRGINIA Porter Family Homestead (Raymond and Vicinity MRA) Off MS 18 Raymond Historic Places, National Park Service, Brunswick County vicinity, 86001702 1201 Eye St. NW., 8th floor, Washington Church Home for Aged, Infirm and Disabled DC 20005; or by fax, 202–371–6447. Colored People, 236 Pleasant Grove Rd., [FR Doc. 04–16994 Filed 7–26–04; 8:45 am] Written or faxed comments should be Broadnax, 04000910 BILLING CODE 4312–51–P submitted by August 11, 2004. WASHINGTON Carol D. Shull, King County DEPARTMENT OF THE INTERIOR Keeper of the National Register of Historic Falls City Masonic Hall, 4304 337th Place SE, National Park Service Places. Fall City, 04000922 IOWA Neighbor—Bennett House, 4317–337th Place National Register of Historic Places; SE, Fall City, 04000921 Bremer County Vincent School, (Rural Public Schools of Notification of Pending Nominations Bank of Sumner, 118 W. First St., Sumner, Washington State MPS) 8010 W. Nominations for the following 04000900 Snoqualmie Valley Rd., Carnation, properties being considered for listing 04000920 in the National Register were received Cerro Gordo County WEST VIRGINIA by the National Park Service before July Cannon, Amaziah and Cornelia (Wait), Hampshire County 3, 2004. Pursuant to section 60.13 of 36 House, 1581 N. Eisenhower Ave., Mason CFR part 60 written comments City, 04000899 Pugh, Capt. David, House, Cty Rte 14 at Cty concerning the significance of these Rte 23/4, Hooks Mills, 04000913 Linn County properties under the National Register Jackson County criteria for evaluation may be forwarded Lustron Home #02102, 2009 Williams Blvd. SW, Cedar Rapids, 04000898 Ripley Historic District, Portions of by United States Postal Service, to the Charleston and Highlawn Drs., Church, National Register of Historic Places, MASSACHUSETTS Court, Main, Maple, North, Seventh, and National Park Service, 1849 C St. NW., South Sts., Ripley, 04000919 Berkshire County 2280, Washington, DC 20240; by all Jefferson County other carriers, National Register of Lenox High School, 109 Housatonic St., Historic Places, National Park Service, Lenox, 04000903 Halltown colored Free School, Halltown Rd., 0.5 mi. NE of US 340, Halltown, 04000912 1201 Eye St. NW., 8th floor, Middlesex County Washington, DC 20005; or by fax, 202– Monongalia County Silver Hill Historic District, Silver Hill, 371–6447. Written or faxed comments Fourth Ward School, 287 Eureka Dr., Westland Rds., Merriam St., Weston, should be submitted by August 11, Morgantown, 04000914 04000902 2004. Pendleton County MISSISSIPPI Carol D. Shull, Boggs Mill, US 33 and WV 28, N of jct. with Keeper of the National Register of Historic De Soto County Cty Rte 9, Seneca Rocks, 04000915 Places. Dockery House, 3831 Robertson Gin Rd., Pleasants County CALIFORNIA Hernando, 04000901 Pleasants County Courthouse, (County Orange County NORTH CAROLINA Courthouses of West Virginia MPS) 301 Court Ln., St. Marys, 04000917 Hillcrest Park, 200 Brea Blvd., Fullerton, Forsyth County 04000812 Ritchie County Ardmore Historic District, Roughly bounded IOWA Ritchie County Courthouse, (County by Knollwood, Queen, Duke, and Ardsley Courthouses of West Virginia MPS) 115 E. Clayton County Sts., Winston-Salem, 04000904 Main St., Harrisville, 04000916 St. Mary’s Catholic Church Historic District, Nissen Building (Boundary Increase), 314 W. Wirt County (Guttenberg, Iowa MPS) 502,518,520 S. Fourth St., Winston-Salem, 04000907 Second St., 214 Herder St., Guttenberg, Wirt County Courthouse, (County 04000817 Mecklenburg County Courthouses of West Virginia MPS) Blake, Chairman, House, 318 Chairman Blake Washington St., Elizabeth, 04000918 Dubuque County Ln., Davidson, 04000905 A request for REMOVAL has been made for Langworthy Historic District, (Dubuque, Iowa Palmer Fire School, 2601 E. Seventh St., the following resource(s): MPS) Langworthy, West Third, Melrose Charlotte, 04000906 Terrace, vet. Hill and W. 5th, Alpine and MISSISSIPPI Walnut bet. Solon and W. Fifth, Dubuque, PUERTO RICO Yalbusha County 04000813 West Eleventh Street Historic District, Cabo Rojo Municipality Newberger, Leopold, House 714 Depot St. (Dubuque, Iowa MPS) Bounded by Grove Coffeeville 97001300 Punta Ostiones, Address Restricted, Cabo Terrace, Loras Blvd., Wilbur and Walnut Rojo, 04000908 PENNSYLVANIA Sts., Dubuque, 04000814 Carolina Municipality Bucks County Polk County Quebrada Maracuto, Address Restricted, Mood’s Covered Bridge (Covered Bridges of Big Creek Schoolhouse, 112 3rd St., Polk Carolina, 04000909 the Delaware River Watershed TR) E of City, 04000816

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Hazen, Allen, Water Tower, 4800 Hickman Multnomah County Richmond Independent City Rd., Des Moines, 04000819 Hotel Alder, (Downtown Portland, Oregon Broad Street Commercial Historic District Hubbell Building, 904 Walnut St., Des MPS) 415 SW Alder St., Portland, (Boundary Increase), 709–916 W. Broad St., Moines, 04000818 04000831 308–310 N. Laurel St., 301–306 Gilmer St., Kline, Moses, and Ida, House, 2233 SW 18th Richmond (Independent City), 04000851 Wapello County Ave., Portland, 04000830 Grace Hospital, 401 West Grace St., B’naie Jacob Synagogue, (Ottumwa MPS) 529 Richmond (Independent City), 4000856 E. Main, Ottumwa, 04000815 PENNSYLVANIA Suffolk Independent City Chester County MINNESOTA Nansemond County Training School, Williams, Ellis, House, 1711 E. Boot Rd., East (Rosenwald Schools in Virginia MPS) 9307 Otter Tail County Goshen, 04000835 Southwestern Blvd., Suffolk (Independent People’s Union Church, 48566 205th Ave., Cumberland County City), 04000847 Scambler Township, 04000836 Givin, Amelia S., Free Library, 114 N. Virginia Beach Independent City Todd County Baltimore Ave., Mt. Holly Springs, Camp Pendleton—State Military Reservation 04000841 Batcher Opera House Block, Fifth St. and Historic District, Roughly bounded by Second Ave., Staples, 04000837 Lehigh County General Booth Blvd., S. Birdneck Rd., and the Atlantic Ocean, Virginia Beach MISSISSIPPI Slatington Historic District, Roughly bounded by Ridge Alley, Chesnut St., (Independent City), 04000852 Washington County Railroad St., Kern St., Hill Alley, 5th St. Warren County Gamwyn Park Historic District, Bounded by and Dowell, Slatington, 04000839 Vigilant Fire Company Firemen’s Monument, Balthis House, 55 Chester St., Front Royal, Gamwyn Park Dr., N. Gamwyn Dr., E. 04000860 Gamwyn Dr., S. Dr., and W. Gamwyn Dr., Union Cemetery W side of PA 873, approx. 1 Greenville, 04000820 ⁄3 mil S of Slatington, Washington Washington County Township, 04000838 NEW YORK Walnut Grove, 14081 Lee Highway, Bristol, Northampton County 04000840 Broome County Stout, Isaac, House, 50 Durham Rd., Williamsburg Independent City Riverside Cemetery, 400 Vestal Ave., Williams, 04000834 Whaley, Matthew, School, 301 Scotland St., Endicott, 04000824 VIRGINIA Williamsburg (Independent City), 04000857 New York County Bedford County Pier 57, Eleventh Ave. at end of W. 15th St., Thomas Methodist Episcopal Chapel, VA WISCONSIN New York, 04000821 684, Penicks Mill Rd., Thaxton, 04000844 Clark County Otsego County Charlottesville Independent City Owen High School, 101 East Third St., Owen, Bassett Family House, 2399 Main St., Mt. Recoleta, 120 Rothery Rd., Charlottesville 04000848 Vision, 04000823 (Independent City), 04000858 Milwaukee County Washington County Clarke County Wadhams Gas Station, 1647 S. 76th St., West Revolutionary War Cemetery, 9 Archibald Chapel Hill, 300 Chapel Hill Ln., Berryville, Allis, 04000849 St., Salem, 04000822 04000846 A request for REMOVAL has been made for the following resources: NORTH CAROLINA Dinwiddie County ILLINOIS Alleghany County Montrose, 19216 Old White Oak Rd., McKenney, 04000855 Coles County Rock House, 7 Chestnut Ln., Roaring Gap, 04000827 Fairfax County Cleveland, Cincinnati, Chicago and St. Louis Four Stairs, 840 Leigh Mill Rd., Great Falls, Railroad Station, 1632 Broadway St., Buncombe County 04000842 Mattoon, 86000135 Eller, Joseph P., House, 494 Clarks’ Chapel Great Falls Grange Hall and Forestville Du Page County Rd., Weaverville, 04000826 School, 9812 and 9818 Georgetown Pike, Riverside Industrial Historic District, Great Falls, 04000861 Middaugh, Henry C., House, 66 Norfolk Ave., Roughly bounded by Clingman Ave., Taft Archeological Site #029–5411, Address Clarendon Hills, 78003105 Lyman St., Roberts St., and Riverside Dr., Restricted, Lorton, 04000859 Macon County Asheville, 04000825 Fluvanna County Decatur and Macon County Welfare Home for Carteret County Pleasant Grove, Thomas Jefferson Pkwy, VA Girls, 736 S. Martin Luther King Jr. Dr., Decatur, 99000982 Morehead City Municipal Building, 202 S. 53, Palmyra, 04000843 [FR Doc. 04–16995 Filed 7–26–04; 8:45 am] Eighth St., Morehead City, 04000828 Franklin Independent City BILLING CODE 4312–51–P OHIO Franklin Historic District (Boundary Increase), Jct. of U.S. 58 and VA 258, Cuyahoga County Franklin (Independent City), 04000853 DEPARTMENT OF THE INTERIOR Kies, Lewis, House, 4208 Prospect Ave., King George County Cleveland, 04000833 National Park Service Millbank, 15615 Millbank Rd. (VA 631), Port Hancock County Conway, 04000845 National Register of Historic Places; Adams School, 826 Washington St., Findlay, Louisa County Notification of Pending Nominations 04000832 Bloomingtong, Bloomington Ln., Louisa, OREGON Nominations for the following 04000850 properties being considered for listing Lane County Page County in the National Register were received Dads’ Gates, 11th Ave. E. bet. Kincaid St. and Milford Battlefield, VA 340 and VA 665, by the National Park Service before July Franklin Blvd., Eugene, 04000829 Overall, 04000854 10, 2004. Pursuant to § 60.13 of 36 CFR

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part 60 written comments concerning Rensselaer County Hays County the significance of these properties Van Alen, John Evert, House, 1744 Good, Isham Jones, Homestead, (Rural under the National Register criteria for Washington Ave. Ext., Defreestville, Properties of Hays County, Texas MPS) evaluation may be forwarded by United 04000873 13401 Evergreen Way, Austin, 04000896 States Postal Service, to the National Porter, Katherine Anne, House, (Rural Rockland County Register of Historic Places, National Properties of Hays County, Texas MPS) 508 Park Service, 1849 C St., NW., 2280, Van Houten’s Landing Historic District, W. Center St., Kyle, 04000893 Washington, DC 20240; by all other North Broadway, School St., Ellen St., San Augustine County carriers, National Register of Historic Castle Heights Ave., Van Houten St., Village of Upper Nyack, 04000877 San Augustine County Courthouse and Jail, Places, National Park Service, 1201 Eye Courthouse Sq., San Augustine, 04000892 St., NW., 8th floor, Washington DC Washington County Smith County 20005; or by fax, 202–371–6447. Written Hartford Baptist Church and Cemetery, 56 St. James Colored Methodist Episcopal or faxed comments should be submitted NY 23 (Main St.), Hartford, 04000875 by August 11, 2004. Church, (Tyler, Texas MPS) 408 N. Border Westchester County Ave., Tyler, 04000887 Carol D. Shull, Young, Isaac, House, 114 Pinesbridge Rd., Tarrant County Keeper of the National Register of Historic Ossining, 04000876 Our Lady of Victory Academy, 801 W. Shaw Places. OREGON St., Fort Worth, 04000886 CALIFORNIA Baker County Van Zandt County Santa Clara County Humphries, William H. and Molly P., House, Superintendent’s House, 271 Mill St., Green Gables, Channing Ave., Ivy Ln., Greer 201 S. Main St., Edgewood, 04000890 Sumpter, 04000879 Rd., Wildwood Ln., Palo Alto, 04000863 VIRGINIA Greenmeadow (Units I and II), Nelson Dr., El Multnomah County Capitan Pl., Adobe Pl., Creekside Dr., Palo Reed—Wells House, 2168 NE Multnomah St., Fauquier County Alto, 04000862 Portland, 04000878 Waveland, VA 691, Carter’s Run Rd., ILLINOIS Marshall, 04000888 PENNSYLVANIA Cook County Spotsylvania County Blair County South Water Market, Bounded by 14th Place, Walnut Grove, Address Restricted, the 16th St. rail embankment, Racine Ave., Downtown Altoona Historic District Spotsylvania, 04000889 (Boundary Increase), 1330–1410 and 1409– and Morgan St., Chicago, 04000870 [FR Doc. 04–16996 Filed 7–26–04; 8:45 am] Washington Park, (Chicago Park District 1431 11th Ave. and 1331–1429 Ave., BILLING CODE 4312–51–P MPS) 5531 S. King Dr., Chicago, 04000871 Altoona, 04000885 Henry County Bucks County Henry County Courthouse, 307 W. Center St., Warner, Isaiah, Farmstead, 60 Thompson INTERNATIONAL TRADE Cambridge, 04000869 Mill Rd., Wrightstown Township, COMMISSION 04000883 Kendall County [Inv. No. 337–TA–503] Farnsworth House, 14520 River Rd., Plano, Lackawanna County 04000867 Waverly Historic District, Roughly centered In the Matter of Certain Automated on Academy St. and Abington Rd., inc. Mechanical Transmission Systems for Madison County Carbondale Rd., Beech, Cole, Church and Medium-Duty and Heavy-Duty Trucks Collinsville City Hall and Fire Station, 125 S. Dearborn St., Abington, 04000884 and Components Thereof; Notice of Center St., Collinsville, 04000865 Commission Decision Not to Review Philadelphia County Pike County an Initial Determination Terminating Beatty’s Mills Factory Building, 2446–2468 the Investigation as to One Patent and Massie Variety Store, 110 S. Main St., New Coral St., Philadelphia, 04000881 Canton, 04000864 as to Certain Claims of Three Other Mulford Building, 640 N. Broad St., Patents Stephenson County Philadelphia, 04000882 AGENCY: U.S. International Trade People’s State Bank, 300 W. High St., TEXAS Orangeville, 04000868 Commission. Cass County ACTION: Notice. Will County Pleasant Hill School, (Rosenwald School SUMMARY: Ninth Street Seven Arch Stone Bridge, Ninth Building Program in Texas MPS) 2722 Notice is hereby given that St. spanning Deep Run Creek, Lockport, Farm Rd. 1399, Linden, 04000891 the U.S. International Trade 04000866 Commission has determined not to Comal County NEBRASKA review the presiding administrative law Comal Power Plant, Jct. of Landa Rd. and judge’s (‘‘ALJ’s’’) initial determination Keith County Landa Park Dr., New Braunfels, 04000895 (‘‘ID’’)(Order No. 20) terminating the Standard Oil Red Crown Service Station, 220 above-captioned investigation as to one Dallas County N. Spruce St., Ogallala, 04000897 asserted patent and as to certain claims Dallas Downtown Historic District, Roughly NEW YORK of three other asserted patents. bounded by Federal, N. St. Paul, Pacific, FOR FURTHER INFORMATION CONTACT: Delaware County Harwood, S. Pearl, Commerce, S Ervay, Akard, Commerce and Field, Dallas, Wayne Herrington, Esq., Office of the Delaware and Northern Railroad Station, General Counsel, U.S. International Cabin Hill Rd., Andes, 04000872 04000894 Trade Commission, 500 E Street, SW., Queens County Harris County Washington, DC 20436, telephone (202) Maple Grove Cemetery, 83–15 Kew Gardens Burnett House, (Houston Heights MRA) 219 205–3090. Copies of the ALJ’s ID and all Rd., Kew Gardens, 04000874 W. Eleventh St., Houston, 04000880 other nonconfidential documents filed

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in connection with this investigation are 8 of the ‘279 patent, which he found had education to children in areas with a or will be available for inspection not been put in issue in the high incidence of exploitive child labor. during official business hours (8:45 a.m. Commission’s notice of investigation. Applications must respond to the entire to 5:15 p.m.) in the Office of the He stated that he was making no Statement of Work outlined in this Secretary, U.S. International Trade decision on complainant’s statement Solicitation for Cooperative Agreement Commission, 500 E Street, SW., that it intended to pursue claim 1 of the Applications. In Colombia and Guinea, Washington, DC 20436, telephone 202– ‘279 patent, the question of pursuit of activities under these cooperative 205–2000. General information that claim not being before him. He also agreements will provide or facilitate the concerning the Commission may also be stated that he considered respondents’ direct delivery of quality basic obtained by accessing its Internet server previous summary determination education to working children and those (http://www.usitc.gov). The public motion relating to the ‘071 patent to be at risk of entering work. In Niger, record for this investigation may be moot. No petitions for review of the ID activities under this cooperative viewed on the Commission’s electronic were filed. agreement will support a small-scale docket (EDIS) at http://edis.usitc.gov. The authority for the Commission’s project aimed at increasing the Hearing-impaired persons are advised determination is contained in section knowledge base on child labor and that information on this matter can be 337 of the Tariff Act of 1930, as education, facilitating the direct obtained by contacting the amended (19 U.S.C. 1337), and in delivery of quality basic education to Commission’s TDD terminal on 202– section 210.42 of the Commission’s working children, and building the 205–1810. Rules of Practice and Procedure (19 CFR capacity of government and local actors SUPPLEMENTARY INFORMATION: The 210.42). working in these sectors. Commission instituted this investigation By order of the Commission. I. Funding Opportunity Description on January 7, 2004, based on a Issued: July 21, 2004. complaint filed by Eaton Corporation of The U.S. Department of Labor Marilyn R. Abbott, (USDOL), Bureau of International Labor Cleveland, Ohio. 69 FR 936 (January 7, Secretary to the Commission. 2004). The complaint, as supplemented, Affairs (ILAB), announces the [FR Doc. 04–16989 Filed 7–26–04; 8:45 am] alleged violations of section 337 of the availability of funds to be awarded by Tariff Act of 1930 in the importation BILLING CODE 7020–02–P cooperative agreement to one or more into the United States, the sale for qualifying organizations for the purpose importation, and the sale within the of expanding access to and quality of United States after importation of DEPARTMENT OF LABOR basic education and strengthening government and civil society’s capacity certain automated mechanical Office of the Secretary transmissions for medium-duty and to address the education needs of heavy-duty trucks, and components working children and those at risk of Combating Exploitive Child Labor entering work in Colombia, Guinea, and thereof, by reason of infringement of Through Education in Colombia; claim 15 of U.S. Patent No. 4,899,279 Niger. ILAB is authorized to award and Combating Exploitive Child Labor administer this program by the (‘‘the ‘279 patent’’); claims 1–20 of U.S. Through Education in Guinea; Patent No. 5,335,566 (‘‘the ‘566 patent’’); Consolidated Appropriations Act, 2004, Combating Exploitive Child Labor Pub. L. No. 108–199, 118 Stat. 3 (2004). claims 2–4 and 6–16 of U.S. Patent No. Through Education in Niger 5,272,939 (‘‘the ‘939 patent’’); claims 1– The cooperative agreement or 13 of U.S. Patent No. 5,624,350 (‘‘the July 27, 2004. cooperative agreements awarded under ‘350 patent’’); claims 1, 3, 4, 6–9, 11, 13, AGENCY: Bureau of International Labor this initiative will be managed by 14, 16, and 17 of U.S. Patent No. Affairs, Department of Labor. ILAB’s International Child Labor 6,149,545 (‘‘the ‘545 patent’’); and Announcement Type: New. Notice of Program to assure achievement of the claims 1–16 of U. S. Patent No. Availability of Funds and Solicitation stated goals. Applicants are encouraged 6,066,071 (‘‘the ‘071 patent’’). The for Cooperative Agreement to be creative in proposing cost-effective complaint and notice of investigation Applications. interventions that will have a named three respondents: ZF Meritor Funding Opportunity Number: SGA demonstrable impact in promoting LLC, of Maxton, North Carolina; ZF 04–10. school attendance in areas of those Friedrichshafen AG, of Friedrichshafen, Catalog of Federal Domestic countries where children are engaged in Germany; and ArvinMeritor, Inc., of Assistance (CFDA) Number: Not or are most at risk of working in the Troy, Michigan. applicable. worst forms of child labor. On June 4, 2004, pursuant to Key Dates: Deadline for Submission of 1. Background and Program Scope Commission rule 210.21(a)(1), Application is August 26, 2004. complainant moved for partial SUMMARY: The U.S. Department of A. USDOL Support of Global termination of the investigation as to Labor, Bureau of International Labor Elimination of Exploitive Child Labor claims 3, 7, and 8 of the ‘279 patent, Affairs, will award up to U.S. $9.5 The International Labor Organization claims 2, 3, and 5–20 of the ‘566 patent, million through one or more cooperative (ILO) estimated that 211 million claims 4, 7, and 12 of the ‘350 patent, agreements to an organization or children ages 5 to 14 were working claims 4, 8–9, and 14 of the ‘545 patent, organizations to improve access to around the world in 2000. Full-time and claims 3–4, 6–7, and 12–14 of the quality education programs as a means child workers are generally unable to ‘071 patent. On June 18, 2004, to combat exploitive child labor in attend school, and part-time child complainant moved for leave to amend Colombia (up to $3.5 million), Guinea laborers balance economic survival with and supplement its motion to include (up to $4 million), and Niger (up to $2 schooling from an early age, often to the partial termination of the investigation million). The activities funded will detriment of their education. Since as to the ‘071 patent in its entirety. On complement and expand upon existing 1995, USDOL has provided over U.S. June 24, 2004, the ALJ issued the subject projects and programs to improve basic $275 million in technical assistance ID granting complainant’s motion, as education in these countries, and, where funding to combat exploitive child labor amended, except as to claims 3, 7, and applicable, provide access to basic in over 60 countries around the world.

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Programs funded by USDOL range of education to children working in the working children are involved in from targeted action programs in flower cutting industry in the Savannah agriculture-related activities. The specific sectors to more comprehensive of Bogota´, support the collection of data majority of these children work in the efforts that target the worst forms of on this target population, and build the country’s central region, especially in child labor as defined by ILO capacity of national institutions to the rural areas surrounding the cities of Convention 182. From FY 2001 to FY address child labor and education. Medellı´n, Manizares, Bucaramanga, and 2004, the U.S. Congress has Lessons from the project’s direct in the Savannah of Bogota´. appropriated U.S. $148 million to interventions should be used to develop ILO/IPEC reports that 70 percent of USDOL for a Child Labor Education broader policies aimed at improving children working in agriculture Initiative to fund programs aimed at access and quality of education for this worldwide are engaged in high-risk increasing access to quality, basic target group in Colombia and other activities. There are reports that education in areas with a high incidence countries in the region. In Guinea, this children illegally employed in of abusive and exploitive child labor. project must aim to provide or facilitate Colombia’s flower cutting industry are The cooperative agreement(s) awarded the direct delivery of formal education exposed to hazardous working under this solicitation will be funded and/or non-formal, vocational, or conditions. They handle highly toxic through this initiative. technical training to children at risk of pesticides, mixing them in tanks USDOL’s Child Labor Education or working in the worst forms of child without gloves, masks or any kind of Initiative seeks to nurture the labor. The project must include protection. The long-lasting health development, health, safety and innovative strategies to promote access effects pesticides cause can be enhanced future employability of to education as well as quality of such aggravated by malnutrition, which is children around the world by increasing education, and should include measures also endemic among these children. access to basic education for working to ensure the sustainability of Children also work long hours and at a children and those at risk of entering interventions. And in Niger, activities very fast pace, especially during work. Elimination of exploitive child under this cooperative agreement must Christmas and Valentine’s Day holidays. labor depends in part on improving support a small-scale project to address Intermediary employment agencies access to, quality of, and relevance of gaps in the knowledge base on child reportedly bring children to work when education. labor and education, facilitate access to demand for flowers rise. The Child Labor Education Initiative quality, basic education for children Commercial flower cultivation takes has four goals: participating in or at risk of entering the place in the Savannah in the outskirts i. Raise awareness of the importance worst forms of child labor, and of Bogota´, and it has been reported that of education for all children and strengthen national institutions and most children working in the flower mobilize a wide array of actors to policies in these sectors. For any of industry live in the localities of Madrid improve and expand education these projects, applicants must be able and Funza. Children’s participation in infrastructures; to identify the specific barriers to the flower industry is difficult to ii. Strengthen formal and transitional education and the education needs of ascertain. As of yet, there is no reliable education systems that encourage specific children targeted in their data on participation, working working children and those at risk of project (e.g., children withdrawn from conditions, or how these children’s working to attend school; work, children at high risk of dropping education and well-being is affected. iii. Strengthen national institutions out into the labor force, and/or children Under the Colombian Constitution, and policies on education and child still working in a particular sector) and basic education is free and compulsory labor; and how direct education service delivery, for children ages 5 to 15. In 2003, 86 iv. Ensure the long-term sustainability capacity building and policy change can percent of the total school age of these efforts. be used to address particular barriers population was enrolled in formal basic education. The majority of children B. Barriers to Education for Working and needs. Brief background information on education and exploitive attending school reside in urban areas in Children, Country Background, and all regions. Fifty-one percent of children Focus of Solicitation child labor in each of the countries of interest is provided below. For not enrolled in formal education reside Throughout the world, there are additional information on exploitive in rural areas and are between the ages complex causes of exploitive child labor child labor in these countries, of 12 and 17. In rural areas, children’s as well as barriers to education for applicants are referred to The work in agriculture has been reported as children engaged in or at risk of entering Department of Labor’s 2003 Findings on the main reason for school absenteeism. exploitive child labor. These include: the Worst Forms of Child Labor Studies show that even though rural Poverty; education system barriers; available at http://www.dol.gov/ILAB/ families recognize the value of reading, infrastructure barriers; legal and policy media/reports/iclp/tda2003/ writing, and arithmetic, they are less barriers; resource gaps; institutional overview.htm or in hard copy from Lisa willing to send their children to barriers; informational gaps; Harvey, U.S. Department of Labor, school—especially to secondary demographic characteristics of children Procurement Services Center, telephone school—because they see them as ready and/or families; cultural and traditional (202) 693–4570 (this is not a toll-free- to assume economic responsibilities, or practices; and weak labor markets. number) or e-mail: [email protected]. need them to work at home on Although these elements and agricultural tasks. Other factors limiting characteristics tend to exist throughout C. Barriers to Education for Working education in rural areas include the world in areas with a high incidence Children in Colombia proximity to schools, scarcity of of exploitive child labor, they manifest In 2001, the Colombian National teaching materials, and the relevance of themselves in specific ways in each Administrative Department of Statistics the curriculum to rural life. country of interest in this solicitation. estimated that 14.5 percent of children, A USDOL-funded education Therefore, specific, targeted or 2.5 million children, ages 5 to 17 initiative, funded under this interventions are required in each target were working. This number represents solicitation, will provide or facilitate the country. In Colombia, this project must 23 percent of the total population of direct delivery of education to children provide or facilitate the direct delivery 10,833,000 within that age range. Most working in the flower industry in the

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Savannah. Due to the lack of informal sectors, carrying out activities to ensure the sustainability of interventions in commercial agriculture such as subsistence farming, petty interventions. in Colombia, project activities must commerce, fishing, and small-scale The project may include some or all include the collection of data on the mining. In urban areas such as Conakry, of the following activities: awareness- nature and extent of child labor in the children work in small businesses, such raising; development of multi-sectoral flower industry of Colombia. The data as restaurants, beg on the streets, sell partnerships and networks in support of collection is expected to focus on the cheap goods for traders, carry baggage, the education of the target group; availability, quality and extent of and shine shoes. Children also work in development and field testing of education for child laborers in the gold and diamond mines, granite and learning materials that improve flower industry. Based on the findings, sand quarries, and as apprentices to educational quality; development or a project should address the education mechanics, electricians, and plumbers, improvement of pre-vocational and needs of those children. and in the commercial sex industry. vocational programs; strategies to Funds provided under this Guinea is a source, transit and enhance the relevance of schooling for solicitation are expected to supply the destination country for trafficking in children and to provide marketable seed money to develop effective persons, including children, for sexual skills for children reaching employable approaches to provide basic, technical, exploitation and labor, and internal age; targeted teacher training to improve and vocational education to children trafficking occurs from rural to urban classroom methods and strengthen the involved in the flower industry of areas. In addition, UNICEF estimates capacity of educators to nurture the Colombia. Education could include that 2,000 Guinean child soldiers, one- academic success of children removed basic literacy and numeracy, as well as fifth of whom are girls, will require from child labor; pre-school and means to continue the education of demobilization upon their return from extracurricular/enrichment activities for children who drop out of school during Liberia’s recent armed conflict. children removed from work or at risk flower harvesting and other busy There are numerous obstacles to of entering the workforce; workshops periods. education in Guinea, particularly among that encourage consultation and joint Colombia is currently undergoing a the country’s displaced and war-affected policy and program planning among process of decentralization of population. Children, particularly girls, national institutions working in government activities. In order to may not attend school or may choose to education and child labor policy; maximize impact and ensure dropout in order to assist their parents provision of training and technical sustainability, the project must assistance to staff of key organizations with domestic or agricultural work. In coordinate with local government (e.g., education system and school general, enrollment rates are efforts. Applicants are encouraged to administrators, teachers’ unions, policy substantially lower in rural areas. This consult with civil society organizations units in Guinean ministries) to increase is due in part to a lack of transportation and government agencies, such as the their capacity in areas such as to and from schools, a lack of school Ministry of Social Protection, the leadership, management, strategic facilities, and an inadequate number of Ministry of Education, and the planning, educational finance, teachers, many of whom do not receive Colombian Institute of Family Welfare, implementation of policy change, and remuneration for their work. Quality of in order to avoid replication and outreach to constituencies in order to education is negatively affected by strengthen existing efforts to prevent effectively implement education and eliminate child labor. Under this limited government resources and a lack programs that benefit child laborers; and initiative, the local community will play of available school supplies and the development and/or strengthening a key role in the schools of the targeted equipment. of monitoring and evaluation of the area, linking local culture and needs to According to various estimates, there educational status and performance of the education system. Moreover, lessons are between 100,000 and 150,000 children removed from work or at risk learned from projects such as those refugees and displaced persons residing of entering the workforce. implemented by the National Coffee in Guinea’s forest region. An additional Barriers to Education for Working Federation-Ministry of Education must 100,000 people are reported to live in Children in Niger be taken into account at the time of refugee camps in the region. The war- proposal development. affected, displaced children in this In 2000, UNICEF estimated that 70.1 The United States is the main region are reportedly subject to percent of children ages 5 to 14 years in importer of flowers from Colombia, economic exploitation and sexual abuse. Niger were working in paid and unpaid accounting for 80 percent of Colombian In addition, while limited access to activities. While general information is flower exports. As such, the Colombian education is available within the refugee available about the types of work that flower industry has a keen interest in camps, there is a lack of sufficient children perform, there has not been a complying with international labor educational opportunities for children comprehensive survey that provides standards and domestic labor laws. who are not located near the camps, or detailed data or information on the Applicants are encouraged to promote do not otherwise have access to camp extent or nature of child labor in Niger. private-public partnerships in order to facilities. Studies indicate that children work leverage resources to combat child labor A USDOL-funded education initiative primarily in the informal and in the flower industry. in Guinea is expected to provide or agricultural sectors. Children in rural facilitate the direct delivery of formal areas mainly work on family farms Barriers to Education for Working education and/or non-formal, gathering water or firewood, pounding Children in Guinea vocational, or technical training to grain, tending animals, or working in In 2001, the ILO estimated that 30.5 children engaged in, at risk of, and/or the fields. Children as young as 6 years percent of children ages 10 to 14 years removed from exploitive child labor in old are reported to work on grain farms in Guinea were working. These children a defined sector(s) or geographic region. in the southwest. Children also shine begin working beside their parents at a The project should include innovative shoes; guard cars; work as apprentices young age, often as early as 5 years in strategies to promote access to for artisans, tailors, and mechanics; rural areas. The majority of working education as well as quality of such perform domestic work; and work as children are found in the domestic or education, and should include measures luggage porters and street beggars.

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Children are also engaged in the gold Note to Applicants for All Countries: strategies, and activities with host mining and meatpacking, processing All applicants must have country government officials and civil society and rendering sectors where they are presence, or partner with an established organizations during the preparation of exposed to numerous hazards. and eligible organization within the an application for this cooperative Niger is a source, transit, and country. For additional information on agreement solicitation. Applicants are destination country for trafficking exploitive child labor in Colombia, encouraged to include letters of victims, including children. Victims are Guinea, and Niger, applicants are endorsement/acknowledgment from the trafficked to Niger primarily from Benin, strongly encouraged to refer to The host government’s Ministry of Labor and Togo, Nigeria, and Ghana. Most of these Department of Labor’s 2003 Findings on Ministry of Education with the children end up either in domestic work the Worst Forms of Child Labor proposal. or prostitution. Children from Niger are available at http://www.dol.gov/ILAB/ Partnerships between more than one trafficked within the country from rural media/reports/iclp/tda2003/ organization are also eligible and to urban areas and within the West overview.htm. encouraged, in particular with qualified, African region for the purpose of forced 2. Statement of Work locally-based organizations in order to labor, particularly in domestic service. It build local capacity; in such a case, is also reported that some teachers at Taking into account the challenges of however, a lead organization must be religious schools exploit their young educating working children in each identified. Applicants whose strategies male students by coercing them to beg country of interest, the applicant must include the direct delivery of education in the streets. The commercial sexual facilitate, and implement, as are encouraged to enroll at least one- exploitation of children for prostitution appropriate, creative and innovative quarter of the targeted children that the and pornography is a growing problem approaches to promote policies and Grantee is attempting to reach in in Niger, and sometimes occur with the services that will enhance the provision educational activities during the first consent or knowledge of family of educational opportunities to children year of project implementation. Under involved in or at risk of entering members. this cooperative agreement, vocational exploitive child labor. The expected Primary school attendance rates are training for adolescents and income outcomes/results of the project are, low in Niger, particularly for girls. generating alternatives for parents are through improved policies and direct About 60 percent of children who finish allowable activities. education service delivery, as primary schools are boys, as the Although USDOL is open to all applicable, to: (1) Increase educational proposals for innovative solutions to majority of girls rarely attend school for opportunities and access (enrollment) address the challenges of providing more than a few years. Girls have for children who are engaged in, at risk increased access to education to the limited access to education, which may of, and/or removed from exploitive children targeted, the applicant must, at be attributed to traditional practices, child labor, particularly its worst forms; a minimum, prepare responses conservative religious beliefs and (2) encourage retention in, and following the outline of a preliminary extreme poverty. Many children are completion of educational programs; project design document presented in forced to work rather than attend and (3) expand the successful transition Appendix A and as discussed in school, particularly during planting or of children in non-formal education into Sections IV(2), V(1)(A), VI(3)(A) and harvest periods. In addition, nomadic formal schools or vocational programs. children in northern parts of the country In the course of implementation, each VI(3)(D). This response will be the often do not have the opportunity to project must promote the goals of foundation for the final project attend school. USDOL’s Child Labor Education document that must be approved after Among the challenges faced by the Initiative listed above in Section I(1)(A). award of the cooperative agreement. Nigerien education system are Because of the limited available If the application does not propose antiquated primary teaching resources under this award, applicants interventions aimed toward the target methodologies; pre-school education are expected to implement programs group or geographical area as identified, that is restricted primarily to urban that complement existing efforts and, then the application may be considered areas; a reluctance by parents to send where appropriate, replicate or enhance unresponsive. their children to school due to successful models to serve expanded Note to All Applicants: Grantees are inefficiencies in the educational system numbers of children and communities. expected to consult with and work and mediocre results among students; However, applicants must not duplicate cooperatively with stakeholders in the inadequate infrastructure; lack of the activities of existing efforts and/or countries, including the Ministries of motivated teachers due to delayed projects and are expected to work Education, Labor, and other relevant disbursement of salaries; lack of within host government child labor and ministries, NGOs, national steering/advisory supplies; and an economic crisis that education frameworks. In order to avoid committees on child labor, education, faith and community-based organizations, and makes it difficult for parents to cover duplication, enhance collaboration, the costs of schooling. working children and their families. Grantees expand impact, and develop synergies, should ensure that their proposed activities Under this solicitation, USDOL is the cooperative agreement awardee and interventions are within those of the seeking proposals for a small-scale (hereafter referred to as ‘‘Grantee’’) must countries’ national child labor and education project in Niger to increase the work cooperatively with regional and frameworks and priorities, as applicable. knowledge base on child labor and national stakeholders in developing Grantees are strongly encouraged to education and to improve government project interventions. Applicants are collaborate with existing projects, and civil society capacity to initiate expected to consider the economic and particularly those funded by USDOL, activities or national plans of action in social contexts of each country when including Timebound Programs and other these sectors. The project may include projects implemented by ILO/IPEC. As formulating project strategies and to discussed in Section V(1)(D), up to five (5) limited direct action in a defined sector recognize that approaches applicable in extra points will be given to applications that or geographic region to facilitate access one country may not be relevant to include non-Federal resources that to quality, basic education for children others. significantly expand the project’s scope. participating in or at risk of entering the Applicants are strongly encouraged to However, applicants are instructed that the worst forms of child labor. discuss proposed interventions, project budget submitted with the

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application must include all necessary and Guinea, Niger) are combined, they will the selection of cooperative agreement sufficient funds, without reliance on other not be considered. (All applicants are recipients. Neutral, non-religious contracts, grants, or awards, to implement the requested to complete the Survey on criteria that neither favor nor disfavor applicant’s proposed project activities and to Ensuring Equal Opportunity for achieve proposed project goals and objectives religion must be employed by Grantees under this SGA. USDOL will not provide Applicants (OMB No. 1225–0083), in the selection of project beneficiaries additional funding to cover costs not which is available online at http:// and subawardees. included in the project budget, for example, www.dol.gov/ILAB/grants/sga0410/ In addition, the U.S. Government is if anticipated funding from another contract, bkgrdSGA0410.htm). The capability of generally prohibited from providing grant, or award fails to materialize. an applicant or applicants to perform direct financial assistance for inherently necessary aspects of this solicitation religious activities. Funds awarded II. Award Information will be determined under the criteria under this solicitation may not be used Type of assistance instrument: outlined in the Application Review for religious instruction, worship, Cooperative agreement. USDOL’s Information section of this solicitation prayer, proselytizing or other inherently involvement in project implementation (Section V(1)). religious activities. and oversight is outlined in Section Please note that to be eligible, IV. Application and Submission VI(2). The duration of the projects Cooperative Agreement applicants Information funded by this solicitation is four (4) classified under the Internal Revenue years. The start date of program Code as a 501(c)(4) entity (see 26 U.S.C. 1. Address To Request Application activities will be negotiated upon 501(c)(4)), may not engage in lobbying Package activities. According to the Lobbying awarding of the cooperative agreement, This solicitation contains all of the but will be no later than September 30, Disclosure Act of 1995, as codified at 2 U.S.C. 1611, an organization, as necessary information and forms needed 2004. to apply for cooperative agreement Up to U.S. $9.5 million will be described in Section 501(c)(4) of the Internal Revenue Code of 1986, that funding. This solicitation is published awarded under this solicitation, with up as part of this Federal Register notice. to $3.5 million for Colombia, up to $4 engages in lobbying activities will not be eligible for the receipt of Federal Additional copies of the Federal million for Guinea, and up to $2 million Register may be obtained from your for Niger. USDOL may award one or funds constituting an award, grant, cooperative agreement, or loan. nearest U.S. Government office or more cooperative agreements to one, public library or online at http:// several, or a partnership of more than 2. Cost Sharing or Matching www.archives.gov/federal_register/ one organization(s) that may apply to index.html. implement the program. A Grantee must This solicitation does not require obtain prior USDOL approval for any applicants to share costs or provide 2. Content and Form of Application sub-contractor before award of the matching funds. However, the Submission cooperative agreement. leveraging of resources and in-kind contributions is strongly encouraged One (1) blue ink-signed original, III. Eligibility Information and is a ranking factor worth five complete application in English plus additional points. two (2) copies of the application, must 1. Eligible Applicants be submitted to the U.S. Department of Any commercial, international, 3. Other Eligibility Criteria Labor, Procurement Services Center, 200 educational, or non-profit organization, In accordance with 29 CFR Part 98, Constitution Avenue, NW., Room N– including any faith-based, community- entities that are debarred or suspended 5416, Attention: Lisa Harvey, Reference based, or public international shall be excluded from Federal financial Solicitation 04–10, Washington, DC organization, capable of successfully assistance and are ineligible to receive 20210, not later than 4:45 p.m. Eastern developing and implementing education funding under this solicitation. In Time, August 26, 2004. Applicants may programs for working children or judging organizational capacity, USDOL submit applications for one or more children at risk of entering exploitive will take into account not only countries. In the case where an work in the countries of interest is information provided by an applicant, applicant is interested in applying for a eligible to apply. Partnerships of more but also information from the cooperative agreement in more than one than one organization are also eligible, Department regarding past performance country, a separate application must be and applicants are strongly encouraged of organizations that have implemented submitted for each country. If to work with organizations already or are implementing Child Labor applications for multiple countries are undertaking projects in the countries of Education Initiative projects or activities combined, they will not be considered. interest, particularly local NGOs, for USDOL (see Section V(1)(B)). Past The application must consist of two including faith-based and community- performance will be rated by the (2) separate parts, as well as a table of based organizations. In the case of timeliness of deliverables, and the contents and an abstract summarizing partnership applications, a lead responsiveness of the organization and the application in not more than two (2) organization must be identified. An its staff to USDOL communications pages. The table of contents and an applicant must demonstrate a country regarding deliverables and cooperative abstract are not included in the 45-page presence, independently or through a agreement or contractual requirements. limit for Part II. relationship with another Lack of past experience with USDOL Part I of the application, the cost organization(s) with country presence, projects, cooperative agreements, grants, proposal, must contain the Standard which gives it the ability to initiate or contracts is not a bar to eligibility or Form (SF) 424, Application for Federal program activities upon award of the selection under this Solicitation. Assistance and Sections A–F of the cooperative agreement. Applicants With regard to legal rules pertaining Budget Information Form SF 424A, applying for more than one Cooperative to inherently religious activities by available from ILAB’s Web site at Agreement must submit a separate organizations that receive Federal http://www.dol.gov/ILAB/grants/ application for each country. If Financial Assistance, neutral, non- sga0410/bkgrdSGA0410.htm. Copies of applications for more than one of the religious criteria that neither favor nor these forms are also available online Cooperative Agreements (Colombia, disfavor religion will be employed in from the General Services

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Administration Web site at http:// The application package must be Confirmation of receipt can be contacts.gsa.gov/webforms.nsf/0/ received at the designated place by the obtained from Lisa Harvey, U.S. B835648D66D1B8F985256A720 date and time specified or it will not be Department of Labor, Procurement 04C58C2/$file/sf424.pdf and http:// considered. Any application received at Services Center, telephone (202) 693– contacts.gsa.gov/webforms.nsf/0/ the Procurement Services Center after 4570 (this is not a toll-free-number) or 5AEB1FA6FB3B832385 4:45 p.m. Eastern Time, August 26, e-mail: [email protected]. All 256A72004C8E77/$file/Sf424a.pdf. The 2004, will not be considered unless it is applicants are advised that U.S. mail individual signing the SF 424 on behalf received before the award is made and: delivery in the Washington DC area can of the applicant must be authorized to A. It is determined by the Government be slow and erratic due to concerns bind the applicant. The budget/cost that the late receipt was due solely to involving contamination. All applicants proposal must be written in 10–12 pitch mishandling by the Government after must take this into consideration when font size. receipt at USDOL at the address preparing to meet the application Part II, the technical proposal, must indicated; and/or deadline. provide a technical application that B. It was sent by registered or certified 4. Intergovernmental Review identifies and explains the proposed mail not later than the fifth calendar day program and demonstrates the before 30 days from the date of This funding opportunity is not applicant’s capabilities to carry out that publication in the Federal Register; or subject to Executive Order 12372, proposal. The technical application C. It was sent by U.S. Postal Service ‘‘Intergovernmental Review of Federal must identify how it will carry out the Express Mail Next Day Service-Post Programs.’’ Statement of Work (Section I(2) of this Office to Addressee, not later than 5 5. Funding Restrictions solicitation) and address each of the p.m. at the place of mailing two (2) A. In addition to those specified Application Evaluation Criteria found in working days, excluding weekends and under OMB Circular A–122, the Section V(1). The Part II technical Federal holidays, prior to August 26, following costs are also unallowable: application must not exceed 45 single- 2004. 1 ″ ″ i. Construction with funds under this sided (8 ⁄2 x 11 ), double-spaced, 10 to The only acceptable evidence to 12 pitch typed pages for each country, cooperative agreement should not establish the date of mailing of a late and must include responses to the exceed 10 percent of the project application sent by registered or application evaluation criteria outlined budget’s direct costs and is expected to certified mail is the U.S. Postal Service in Section V(1) of this solicitation. Part be limited to improving existing school postmark on the envelope or wrapper II must include a preliminary project infrastructure and facilities in the and on the original receipt from the U.S. design document submitted in the project’s targeted communities. USDOL Postal Service. If the postmark is not format shown in Appendix A and encourages applicants to cost-share and/ legible, an application received after the discussed further in Section VI(3)(A). or leverage funds or in-kind above closing time and date shall be The application must include the name, contributions from local partners when processed as if mailed late. ‘‘Postmark’’ address, telephone and fax numbers, proposing construction activities in and e-mail address (if applicable) of a means a printed, stamped, or otherwise order to ensure sustainability. key contact person at the applicant’s placed impression (not a postage meter ii. Under these cooperative organization in case questions should machine impression) that is readily agreements, vocational training for arise. identifiable without further action as adolescents and income generating Applications will only be accepted in having been applied and affixed by an alternatives for parents are allowable English. To be considered responsive to employee of the U.S. Postal Service on activities. However, Federal funds this solicitation, the application must the date of mailing. Therefore, under these cooperative agreements consist of the above-mentioned separate applicants should request that the postal cannot be used to provide micro-credits, parts. Any applications that do not clerk place a legible hand cancellation revolving funds, or loan guarantees. conform to these standards may be ‘‘bull’s-eye’’ postmark on both the iii. Awards will not allow deemed non-responsive to this receipt and the envelope or wrapper. reimbursement of pre-award costs. solicitation and may not be evaluated. The only acceptable evidence to B. The following activities are also Standard forms and attachments are not establish the date of mailing of a late unallowable under this solicitation: included in the 45-page limit for Part II. application sent by U.S. Postal Service i. Under these cooperative However, additional information not Express Mail Next Day Service-Post agreements, awareness raising and required under this solicitation will not Office to Addressee is the date entered advocacy activities cannot include be considered. by the Post Office clerk on the ‘‘Express lobbying or fund-raising (see OMB Mail Next Day Service-Post Office to Circular A–122). 3. Submission Dates, Times, and Addressee’’ label and the postmark on ii. The U.S. Government is opposed to Address the envelope or wrapper on the original prostitution and related activities, Applications must be delivered by receipt from the U.S. Postal Service. which are inherently harmful and 4:45 p.m., Eastern Time, August 26, ‘‘Postmark’’ has the same meaning as dehumanizing, and contribute to the 2004, to: U.S. Department of Labor, defined above. Therefore, applicants phenomenon of trafficking in persons. Procurement Services Center, 200 should request that the postal clerk U.S. non-governmental organizations, Constitution Avenue, NW., Room N– place a legible hand cancellation and their sub-awardees, cannot use U.S. 5416, Attention: Lisa Harvey, Reference: ‘‘bull’s-eye’’ postmark on both the Government funds to lobby for, promote Solicitation 04–10, Washington, DC receipt and the envelope or wrapper. or advocate the legalization or 20210. Applications sent by e-mail, The only acceptable evidence to regulation of prostitution as a legitimate telegram, or facsimile (FAX) will not be establish the time of receipt at USDOL form of work. Foreign non-governmental accepted. Applications sent by other is the date/time stamp of the organizations, and their sub-awardees, delivery services, such as Federal Procurement Service Center on the that receive U.S. Government funds to Express, UPS, will be accepted; application wrapper or other fight trafficking in persons cannot lobby however, the applicant bears the documentary evidence of receipt for, promote or advocate the legalization responsibility for timely submission. maintained by that office. or regulation of prostitution as a

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legitimate form of work. It is the which they work, geographical location, vii. Budget/Cost Effectiveness—The responsibility of the primary Grantee to and other relevant characteristics. applicant must show how the budget ensure its sub-awardees meet these Children are defined as persons under reflects program goals and design in a criteria. (The U.S. Government is the age of 18 who have been engaged in cost-effective way to reflect budget/ currently developing language to the worst forms of child labor as defined performance integration. The budget specifically address Public International by ILO Convention 182, or those under must be linked to the activities and Organizations’ implementation of the the legal working age of the country and outputs of the implementation plan above anti-prostitution prohibition. If a who are engaged in other hazardous listed above. This section of the project under this SGA is awarded to and/or exploitive activities. application must explain the costs for such an organization, appropriate ii. Needs/Gaps/Barriers—The performing all of the requirements substitute language for the above applicant must describe the specific presented in this solicitation, and for prohibition will be included in the gaps/educational needs of the children producing all required reports and other project’s cooperative agreement.) targeted that the project will address. deliverables. Costs must include labor, iii. Proposed Strategy—The applicant FOR FURTHER INFORMATION CONTACT: Lisa equipment, travel, annual audits, must discuss the proposed strategy to Harvey. E-mail address: evaluations, and other related costs. address gaps/needs/barriers of the [email protected]. Applications are expected to allocate children targeted and its rationale. sufficient resources to proposed studies, V. Application Review Information iv. Description of Activities—The assessments, surveys, and monitoring applicant must provide a detailed 1. Application Evaluation Criteria and evaluation activities. When description of proposed activities that developing their applications, Technical panels will review relate to the gaps/needs/barriers to be applicants are also expected to allocate applications written in the specified addressed, including training and the largest proportion of resources to format (see Section I, Section IV(2) and technical assistance to be provided to educational activities aimed at targeted Appendix A) against the various criteria project staff, host country nationals, and children, rather than direct on the basis of 100 points. Up to five community groups involved in the administrative costs. Preference may be project. The proposed approach is additional points will be given for the given to applicants with low expected to build upon existing inclusion of non-Federal leveraged administrative costs and with a budget activities, government policies, and resources as described below in Section breakdown that provides a larger V(1)(D). Applicants are requested to plans, and avoid needless duplication. v. Work Plan—The applicant must amount of resources to project activities. prepare their technical proposal (45 All projected costs should be reported, page maximum) on the basis of the provide a detailed work plan and timeline for the proposed project, as they will become part of the following rating factors, which are cooperative agreement upon award. In presented in the order of emphasis that preferably with a visual such as a Gantt chart. Applicants whose strategies their cost proposal (Part I of the they will receive, and the maximum application), applicants must reflect a rating points for each factor. include the provision of direct delivery of education are also encouraged to breakdown of the total administrative Program Design/Budget-Cost Effectiveness— enroll one-quarter of the targeted costs into direct administrative costs 45 points and indirect administrative costs. This Organizational Capacity—30 points children in educational activities during the first year of project implementation. section will be evaluated in accordance Management Plan/Key Personnel/Staffing— with applicable Federal laws and 25 points vi. Program Management and Leveraging Resources—5 extra points Performance Assessment—The regulations. The budget must comply applicant must describe: (1) How with Federal cost principles (which can A. Project/Program Design/Budget-Cost management will ensure that the goals be found in the applicable OMB Effectiveness (45 Points) and objectives will be met; (2) how Circulars). An example of an Outputs This part of the application information and data will be collected Based Budget has been provided as constitutes the preliminary project and used to demonstrate the impacts of Annex B. design document described in Section the project; and (3) what systems will be Applicants are encouraged to discuss VI(3)(A), and outlined in Appendix A. put in place for self-assessment, the possibility of exemption from The applicant’s proposal must describe evaluation and continuous customs and Value Added Tax (VAT) in detail the proposed approach to improvement. Note to All Applicants: with host government officials during comply with each requirement. USDOL has already developed common the preparation of an application for this This component of the application indicators and a database system for cooperative agreement. While USDOL must demonstrate the applicant’s monitoring children’s educational encourages host governments to not thorough knowledge and understanding progress that can be used and adapted apply custom or VAT taxes to USDOL- of the issues, barriers and challenges by Grantees after award so that they do funded programs, some host involved in providing education to not need to set up this type of system governments may nevertheless choose children engaged in or at risk of from scratch. For more information on to assess such taxes. USDOL may not be engaging in exploitive child labor, the Child Labor Education Initiative’s able to provide assistance in this regard. particularly its worst forms; best- common indicators, please visit http:// Applicants should take into account practice solutions to address their www.clear-measure.com. Further such costs in budget preparation. If needs; and the policy and implementing guidance on common indicators will be major costs are omitted, a Grantee may environment in the selected country. provided after award, thus applicants not be allowed to include them later. When preparing the project document should focus their program management B. Organizational Capacity (30 Points) outline, the applicant must at minimum and performance assessment responses include a description of: toward the development of their Under this criterion, the applicant i. Children Targeted—The applicant project’s monitoring strategy in support must present the qualifications of the must identify which and how many of the four goals of the Child Labor organization(s) implementing the children are expected to benefit from Education Initiative set out in Section program/project. The evaluation criteria the project, including the sectors in I(1)(A). in this category are as follows:

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i. International Experience—The (d) The time frame and professional solicitation) are clearly defined and satisfied. organization applying for the award has effort involved in the project; In Niger, key personnel functions may be international experience implementing (e) A brief summary of the work combined. Key personnel must sign letters of basic, transitional, non-formal or performed; and agreement to serve on the project, and (f) A brief summary of indicate availability to commence work vocational education programs that within three weeks of cooperative agreement address issues of access, quality, and accomplishments. award. Applicants must submit these letters policy reform for vulnerable children This information on previous grants, as an attachment to the application. (These including children engaged in or at risk cooperative agreements, and contracts will not count toward the page limit). of exploitive child labor, preferably in held by the applicant must be provided in appendices and will not count i. Key personnel—The applicant must the countries of interest. identify all key personnel proposed to ii. Country Presence—An applicant, against the maximum page requirement. carry out the requirements of this or its partners, must be formally Note to All Applicants: In judging solicitation. ‘‘Key personnel’’ are staff recognized by the host government(s) organizational capacity, USDOL will take (Project Director, Education Specialist, using the appropriate mechanism, e.g., into account not only information provided Memorandum of Understanding, local and Monitoring and Evaluation Officer) by an applicant, but also information from who are essential to the successful registration of organization. An the Department regarding past performance applicant must also demonstrate a of organizations already implementing Child operation of the project and completion country presence, independently or Labor Education Initiative projects or of the proposed work and, therefore, through a relationship with another activities for USDOL. Past performance will may not be replaced or have hours organization(s) with country presence, be rated by such factors as the timeliness of reduced without the approval of the deliverables, and the responsiveness of the which gives it the ability to initiate Grant Officer. If key personnel are not organization and its staff to USDOL designated, the application will not be program activities upon award of the communications regarding deliverables and cooperative agreement, as well as the considered. cooperative agreement or contractual (a) A Project Director to oversee the capability to work directly with requirements. Lack of past experience with government ministries, educators, civil USDOL projects, cooperative agreements, project and be responsible for society leaders, and other local faith- grants, or contracts is not a bar to eligibility implementation of the requirements of based or community organizations. For or selection under this Solicitation. the cooperative agreement. The Project applicants that do not have independent Director must have a minimum of three country presence, documentation of the C. Management Plan/Key Personnel/ years of professional experience in a relationship with the organization(s) Staffing (25 Points) leadership role in implementation of with such a presence must be provided. Successful performance of the complex basic education programs in Applicants are strongly encouraged to proposed work depends heavily on the developing countries in areas such as: work collaboratively with local partners management skills and qualifications of Education policy; improving and organizations. the individuals committed to the educational quality and access; iii. Fiscal Oversight—The project. Accordingly, in its evaluation of educational assessment of organization shows evidence of a sound each application, USDOL will place disadvantaged students; development of financial system. The results of the most emphasis on the applicant’s community participation in the current independent financial audit management approach and commitment improvement of basic education for must accompany the application as an of personnel qualified for the work disadvantaged children; and monitoring attachment, and applicants without one involved in accomplishing the assigned and evaluation of basic education will not be considered. This attachment tasks. This section of the application projects. Consideration will be given to will not count toward the page limit. must include sufficient information to candidates with additional years of iv. Coordination—If two or more judge management and staffing plans, experience including experience organizations are applying for the award and the experience and competence of working with officials of ministries of in the form of a partnership, they must program staff proposed for the project to education and/or labor. Preferred demonstrate an approach to ensure the assure that they meet the required candidates must also have knowledge of successful collaboration including clear qualifications. exploitive child labor issues, and delineation of respective roles and Note that management and experience in the development of responsibilities. The applicants must professional technical staff members transitional, formal, and vocational also identify the lead organization, comprising the applicant’s proposed education of children removed from which must bear legal liability for the team should be individuals who have exploitive child labor and/or victims of project, and submit the partnership or prior experience with organizations the worst forms of child labor. Fluency sub-contract agreement as an attachment working in similar efforts, and who are in English is required and working (which will not count toward the page fully qualified to perform work knowledge of the official language(s) limit). specified in the Statement of Work. spoken in the target country is v. Experience—The application must Where sub-contractors or outside preferred. include information about previous assistance are proposed, organizational (b) An Education Specialist who will grant, cooperative agreements, or lines of authority and responsibility provide leadership in developing the contracts of the applicant with USDOL should be clearly delineated to ensure technical aspects of this project in and other entities that are relevant to responsiveness to the needs of USDOL. collaboration with the Project Director. this solicitation including: This person must have at least three (a) The organizations for which the Note to All Applicants: USDOL strongly years experience in basic education work was done; recommends that key personnel allocate at projects in developing countries in areas (b) A contact person in that least 50 percent of their time to the project including student assessment, teacher and be present within the country. Except in training, educational materials organization with his/her current phone Niger, USDOL prefers that key personnel number; positions not be combined unless the development, educational management, (c) The dollar value of the grant, applicant can propose a cost-effective and educational monitoring and contract, or cooperative agreement for strategy that ensures that all key management information systems. This person must the project; and technical functions (as identified in this have experience in working successfully

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with ministries of education, networks consultants. All key tasks should be factors that represent the greatest of educators, employers’ organizations charted to show time required to advantage to the government, such as and trade union representatives or perform them by months or weeks. cost, the availability of funds, and other comparable entities. Additional v. Roles and Responsibilities—The factors. The Grant Officer’s experience with exploitive child labor/ applicant must include a resume and determinations for awards under this education policy and monitoring and description of the roles and solicitation are final. evaluation is an asset. A working responsibilities of all personnel proposed. Resumes must be included as Note to All Applicants: Selection of an knowledge of English is preferred, as is organization as a cooperative agreement a similar knowledge of the official an attachment that will not count recipient does not constitute approval of the language(s) spoken in the target country. toward the page limit. At a minimum, cooperative agreement application as (c) A Monitoring and Evaluation each resume must include: the submitted. Before the actual cooperative Officer who will serve at least part-time individual’s current employment status agreement is awarded, USDOL may enter into and oversee the implementation of the and previous work experience, negotiations about such items as program project’s monitoring and evaluation including position title, duties, dates in components, funding levels, and strategies and requirements. This person position, employing organizations, and administrative systems in place to support educational background. Duties must be cooperative agreement implementation. If the should have at least three years negotiations do not result in an acceptable progressively responsible experience in clearly defined in terms of role submission, the Grant Officer reserves the the monitoring and evaluation of performed, e.g., manager, team leader, right to terminate the negotiation and decline international development projects, and/or consultant. Indicate whether the to fund the application. Award may also be preferably in education and training or individual is currently employed by the contingent upon an exchange of project a related field. Related experience can applicant, and (if so) for how long. support letters between USDOL and the relevant ministries in target countries. include strategic planning and D. Leverage of Grant Funding (5 Points) performance measurement, indicator selection, quantitative and qualitative USDOL will give up to five (5) 3. Anticipated Announcement and data collection and analysis additional rating points to applications Award Dates methodologies, and knowledge of the that include non-Federal resources that Designation decisions will be made, Government Performance and Results significantly expand the dollar amount, where possible, within 45 days after the Act (GPRA). Individuals with a size and scope of the application. These deadline for submission of proposals. demonstrated ability to build capacity of programs will not be financed by the USDOL is not obligated to make any project, but can complement and the project team and partners in these awards as result of this solicitation, and enhance project objectives. Applicants domains will be given special only the Grant Officer can bind USDOL are also encouraged to leverage consideration. to the provision of funds under this Information provided on key activities, such as micro-credit, solicitation. Unless specifically personnel must include the following: revolving funds, or loan guarantees, provided in the cooperative agreement, • The educational background and which are not directly allowable under USDOL’s acceptance of a proposal and/ experience of all key personnel to be the cooperative agreement. To be or award of Federal funds does not assigned to the project. eligible for the additional points, the waive any cooperative agreement • The special capabilities of key applicant must list the source(s) of requirements and/or procedures. personnel that demonstrate prior funds, the nature, and possible activities experience in organizing, managing and anticipated with these funds under this VI. Award Administration Information performing similar efforts. cooperative agreement and any 1. Award Notices • The current employment status of partnerships, linkages or coordination of The Grant Officer will notify key personnel and availability for this activities, cooperative funding, etc. applicants of designation results as project. The applicant must also 2. Review and Selection Process follows: indicate whether the proposed work Designation Letter: The designation will be performed by persons currently USDOL will screen all applications to letter signed by the Grant Officer will employed or is dependent upon determine whether all required serve as official notice of an planned recruitment or sub-contracting. elements are present and clearly organization’s designation. The ii. Other Personnel—The applicant identifiable. Each complete application designation letter will be accompanied must identify other program personnel will be objectively rated by a technical by a cooperative agreement and USDOL/ proposed to carry out the requirements panel against the criteria described in ILAB’s Management Procedures and of this solicitation. this announcement. Applicants are iii. Management Plan—The advised that panel recommendations to Guidelines (MPG). Non-Designation Letter: Any management plan must include the the Grant Officer are advisory in nature. organization not designated will be following: The Grant Officer may elect to select a (a) A description of the functional Grantee on the basis of the initial notified formally of the non-designation relationship between elements of the application submission; or, the Grant and given the basic reasons for the project’s management structure; and Officer may establish a competitive or determination. (b) The responsibilities of project staff technically acceptable range from which Notification by a person or entity and management and the lines of qualified applicants will be selected. If other than the Grant Officer that an authority between project staff and other deemed appropriate, the Grant Officer organization has or has not been elements of the project. may call for the preparation and receipt designated is not valid. iv. Staff Loading Plan—The staff of final revisions of applications, 2. Administrative and National Policy loading plan must identify all key tasks following which the evaluation process Requirements and the person-days required to described above may be repeated, in complete each task. Labor estimated for whole or in part, to consider such A. General each task must be broken down by revisions. The Grant Officer will make Grantee organizations are subject to individuals assigned to the task, final selection determinations based on applicable U.S. Federal laws (including including sub-contractors and panel findings and consideration of provisions of appropriations law) and

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the applicable Office of Management x. 29 CFR Part 99—Federal Standards before or after the period of and Budget (OMB) Circulars. If during for Audits of States, Local Governments, performance. Encumbrances/obligations project implementation a Grantee is and Non-Profit Organizations. outstanding as of the end of the found in violation of U.S. government Applicants are reminded to budget for cooperative agreement period may be laws and regulations, the terms of the compliance with the administrative liquidated (paid out) after the end of the cooperative agreement awarded under requirements set forth. This includes the cooperative agreement period. Such this solicitation may be modified by cost of performing administrative encumbrances/obligations may involve USDOL, costs may be disallowed and activities such as annual financial only specified commitments for which a recovered, the cooperative agreement audits, closeout, mid-term and final need existed during the cooperative may be terminated, and USDOL may evaluations, document preparation, as agreement period and that are supported take other action permitted by law. well as compliance with procurement by approved contracts, purchase orders, Determinations of allowable costs will and property standards. Copies of all requisitions, invoices, bills, or other be made in accordance with the regulations referenced in this evidence of liability consistent with a applicable U.S. Federal cost principles. solicitation are available at no cost, on- Grantee’s purchasing procedures and Grantees must also submit to an annual line, at http://www.dol.gov. incurred within the cooperative independent audit, and costs for such Grantees should be aware that terms agreement period. All encumbrances/ an audit should be included in direct or outlined in this solicitation, the obligations incurred during the indirect costs, whichever is appropriate. cooperative agreement, and the MPGs cooperative agreement period must be The cooperative agreements awarded are applicable to the implementation of liquidated within 90 days after the end under this solicitation are subject to the projects awarded under this solicitation. of the cooperative agreement period, if practicable. following administrative standards and B. Sub-Contracts provisions, and any other applicable All equipment purchased with project Sub-contracts must be awarded in standards that come into effect during funds must be inventoried and secured accordance with 29 CFR 95.40–48. In the term of the cooperative agreement, throughout the life of the project. At the compliance with Executive Orders if applicable to a particular Grantee: end of the project, USDOL and the 12876, as amended, 13230, 12928 and Grantees are expected to determine how i. 29 CFR Part 31—Nondiscrimination 13021, as amended, Grantees are to best allocate equipment purchased in Federally Assisted Programs of the strongly encouraged to provide sub- with project funds in order to ensure Department of Labor— Effectuation of contracting opportunities to Historically sustainability of efforts in the projects’ Title VI of the Civil Rights Act of 1964. Black Colleges and Universities, implementing areas. ii. 29 CFR Part 32— Hispanic-Serving Institutions and Tribal E. Site Visits Nondiscrimination on the Basis of Colleges and Universities. To the extent Handicap in Programs and Activities possible, sub-contracts granted after the USDOL, through its authorized Receiving or Benefiting from Federal cooperative agreement is signed must be representatives, has the right, at all Financial Assistance. awarded through a formal competitive reasonable times, to make site visits to iii. 29 CFR Part 33—Enforcement of bidding process, unless prior written review project accomplishments and Nondiscrimination on the Basis of approval is obtained from USDOL/ILAB. management control systems and to Handicap in Programs or Activities provide such technical assistance as Conducted by the Department of Labor. C. Key Personnel may be required. If USDOL makes any iv. 29 CFR Part 35— As noted in Section V(1)(C), the site visit on the premises of a Grantee Nondiscrimination on the Basis of Age applicant must list the individual(s) or a sub-contractor(s) under this in Programs or Activities Receiving who has/have been designated as having cooperative agreement, a Grantee shall Federal Financial Assistance from the primary responsibility for the conduct provide and shall require its sub- Department of Labor. and completion of all project work. The contractors to provide all reasonable v. 29 CFR Part 36—Federal Standards applicant must submit written proof facilities and assistance for the safety for Nondiscrimination on the Basis of that key personnel (Project Director, and convenience of government Sex in Education Programs or Activities Education Specialist, and Monitoring representatives in the performance of Receiving Federal Financial Assistance. and Evaluation Officer) will be available their duties. All site visits and vi. 29 CFR Part 93—New Restrictions to begin work on the project no later evaluations are expected to be on Lobbying. than three weeks after award. Grantees performed in a manner that will not agree to inform the Grant Officer’s unduly delay the implementation of the vii. 29 CFR Part 95—Uniform Technical Representative (GOTR) project. Administrative Requirements for Grants whenever it appears impossible for this 3. Reporting and Deliverables and Agreements with Institutions of individual(s) to continue work on the Higher Education, Hospitals and other project as planned. A Grantee may In addition to meeting the above Non-Profit Organizations, and with nominate substitute key personnel and requirements, a Grantee is expected to Commercial Organizations, Foreign submit the nominations to the GOTR; monitor the implementation of the Governments, Organizations Under the however, a Grantee must obtain prior program, report to USDOL on a Jurisdiction of Foreign Governments approval from the Grant Officer for all quarterly basis, and undergo evaluations and International Organizations. changes to key personnel. If the Grant of program results. Guidance on USDOL viii. 29 CFR Part 96—Federal Officer is unable to approve the key procedures and management Standards for Audit of Federally personnel change, he/she reserves the requirements will be provided to Funded Grants, Contracts and right to terminate the cooperative Grantees in the MPGs with the Agreements. agreement or disallow costs. cooperative agreement. The project ix. 29 CFR Part 98—Federal Standards budget must include funds to: plan, for Government-wide Debarment and D. Encumbrance of Cooperative implement, monitor, and evaluate Suspension (Nonprocurement) and Agreement Funds programs and activities (including mid- Government-wide Requirements for Cooperative agreement funds may not term and final evaluations and annual Drug-Free Workplace (Grants). be encumbered/obligated by a Grantee audits); conduct studies pertinent to

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project implementation; establish B. Progress and financial reports. The (202) 693–4570 (this is not a toll-free- education baselines to measure program format for the progress reports will be number) or e-mail: [email protected]. results; and finance travel by field staff provided in the MPG distributed after VIII. Other Information and key personnel to meet annually the award. Grantees must furnish a with USDOL officials in Washington, typed technical progress report and a 1. Materials Prepared Under the DC. Applicants based both within and financial report (SF 269) to USDOL/ Cooperative Agreement outside the United States should also ILAB on a quarterly basis by 31 March, Grantees must submit to USDOL/ budget for travel by field staff and other 30 June, 30 September, and 31 ILAB, for approval, all media-related, key personnel to Washington, DC, at the December of each year during the awareness-raising, and educational beginning of the project for a post-award cooperative agreement period. Also, a materials developed by the Grantee or meeting with USDOL. Indicators of copy of the Federal Cash Transactions its sub-contractors before they are project performance will also be Report (PSC 272) should be submitted to reproduced, published, or used. proposed by a Grantee and approved by ILAB upon submission to the Health USDOL/ILAB considers such materials USDOL in the Performance Monitoring and Human Services—Payment to include brochures, pamphlets, Plan, as discussed in Section VI(3)(D) Management System (HHS–PMS). videotapes, slide-tape shows, curricula, below. Unless otherwise indicated, a C. Annual work plan. Grantees must and any other training materials used in Grantee must submit copies of all develop an annual work plan within six the program. USDOL/ILAB will review required reports to ILAB by the months of project award for approval by specified due dates. materials for technical accuracy. ILAB so as to ensure coordination with In addition, USDOL/ILAB reserves a Note to All Applicants: USDOL provides other relevant social actors throughout royalty-free, nonexclusive, and its Grantees with training and technical the country. Subsequent annual work irrevocable right to reproduce, publish, assistance to refine the quality of plans must be delivered no later than or otherwise use for Federal purposes, deliverables. This assistance includes one year after the previous one. and authorize others to do so, all workshops to refine project design and D. Performance monitoring and improve performance monitoring plans, and materials that are developed or for reporting on Child Labor Education Initiative evaluation plan. Grantees must develop which ownership is purchased by the common indicators. a performance monitoring and Grantee under an award. evaluation plan in collaboration with Exact timeframes for completion of USDOL/ILAB, including beginning and 2. Acknowledgment of USDOL Funding deliverables will be addressed in the ending dates for the project, indicators USDOL has established procedures cooperative agreement and the MPGs. and methods and cost of data collection, Specific deliverables are the and guidelines regarding planned and actual dates for mid-term following: acknowledgment of funding. USDOL A. Project design document. As stated review, and final end of project requires, in most circumstances, that the in Sections I(2) and IV(2), applications evaluations. The performance following be displayed on printed must include a preliminary project monitoring plan must be developed in materials: design document in the format conjunction with the logical framework ‘‘Funding provided by the United described in Appendix A, with design project design and common indicators States Department of Labor under elements linked to a logical framework for reporting selected by ILAB. The plan Cooperative Agreement No. E–9–X–X– matrix. (Note: The supporting logical must include a limited number of key XXXX.’’ framework matrix will not count in the indicators that can be realistically With regard to press releases, requests 45-page limit but should be included as measured within the cost parameters for proposals, bid solicitations, and an annex to the project document. To allocated to project monitoring. Baseline other documents describing projects or guide applicants, a sample logical data collection are expected to be tied programs funded in whole or in part framework matrix for a hypothetical to the indicators of the project design under this cooperative agreement, all Child Labor Education Initiative project document and the performance Grantees are required to consult with is available at http://www.dol.gov/ILAB/ monitoring plan. A draft monitoring and USDOL/ILAB on: acknowledgment of grants/sga0410/bkgrdSGA0410.htm.). evaluation plan will be submitted to USDOL funding; general policy issues The preliminary project document must ILAB within six months of project regarding international child labor; and include a background/justification award. informing USDOL, to the extent section, project strategy (goal, purpose, E. Project evaluations. Grantees and possible, of major press events and/or outputs, activities, indicators, means of the GOTR will determine on a case-by- interviews. More detailed guidance on verification, assumptions), project case basis whether mid-term evaluations acknowledgement of USDOL funding implementation timetable, and project will be conducted by an internal or will be provided upon award to the budget. The narrative must address the external evaluation team. All final Grantee(s) in the cooperative agreement criteria/themes described in the evaluations must be external and and the MPG. In consultation with Program Design/Budget-Cost independent in nature. A Grantee must USDOL/ILAB, USDOL will be Effectiveness section (Section V(1)(A) respond in writing to any comments and acknowledged in one of the following above). recommendations provided in the mid- ways: Within six months after the time of term evaluation report. The budget must A. The USDOL logo may be applied the award, the Grantee must deliver the include the projected cost of mid-term to USDOL-funded material prepared for final project design document, based on and final evaluations. worldwide distribution, including the application written in response to posters, videos, pamphlets, research VII. Agency Contacts this solicitation, including the results of documents, national survey results, additional consultation with All inquiries regarding this impact evaluations, best practice stakeholders, partners, and ILAB. The solicitation should be directed to: Ms. reports, and other publications of global final project design document must also Lisa Harvey, U.S. Department of Labor, interest. A Grantee must consult with include sections that address Procurement Services Center, 200 USDOL/ILAB on whether the logo may coordination strategies, project Constitution Avenue, NW., Room N– be used on any such items prior to final management and sustainability. 5416, Washington, DC 20210; telephone draft or final preparation for

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distribution. In no event will the DEPARTMENT OF LABOR (For additional information on USDOL logo be placed on any item until submitting comments, please see the USDOL/ILAB has given a Grantee Occupational Safety and Health ‘‘Public Participation’’ heading in the written permission to use the logo on Administration SUPPLEMENTARY INFORMATION section of the item. [Docket No. ICR–1218–0121 (2004)] this document.) B. The following notice must appear FOR FURTHER INFORMATION CONTACT: on all documents: ‘‘This document does Powered Platforms for Building Theda Kenney, Directorate of Standards not necessarily reflect the views or Maintenance Standard; Extension of and Guidance, OSHA, Room N–3609, policies of the U.S. Department of the Office of Management and U.S. Department of Labor, 200 Labor, nor does mention of trade names, Budget’s (OMB) Approval of Constitution Avenue, NW., Washington, commercial products, or organizations Information-Collection (Paperwork) DC 20210; telephone (202) 693–2222. imply endorsement by the U.S. Requirements SUPPLEMENTARY INFORMATION: Government.’’ AGENCY: Occupational Safety and Health I. Submission of Comments on This 3. Privacy and Freedom of Information Administration (OSHA), Labor. Notice and Internet Access to ACTION: Request for public comment. Comments and Submissions Any information submitted in response to this solicitation will be SUMMARY: OSHA solicits comments You may submit comments and subject to the provisions of the Privacy concerning its request for an extension supporting materials in response to this Act and the Freedom of Information of the information-collection document by (1) hard copy, (2) FAX Act, as appropriate. requirements contained in the Powered transmission (facsimile), or (3) Platforms for Building Maintenance electronically through the OSHA Web Signed at Washington, DC, this 21st day of Standard (29 CFR 1910.66). page. July, 2004. DATES: Comments must be submitted by Because of security related problems John Huotari, the following dates: there may be a significant delay in the Acting Grant Officer. Hard Copy: Your comments must be receipt of comments by regular mail. Please contact the OSHA Docket Office Appendix A: Project Document Format submitted (postmarked or received) by September 27, 2004. at (202) 693–2350 (TTY (877) 889–5627) Executive Summary Facsimile and electronic for information about security 1. Background and Justification. transmission: Your comments must be procedures concerning the delivery of 2. Target Groups. received by September 27, 2004. materials by express delivery, hand 3. Program Approach and Strategy. ADDRESSES: You may submit comments, delivery and messenger service. 3.1 Narrative of Approach and Strategy identified by OSHA Docket No. ICR– All comments, submissions and (linked to Logical Framework matrix in 1218–0121 (2004), by any of the background documents are available for Annex A). following methods: inspection and copying at the OSHA 3.2 Project Implementation Timeline Regular mail, express delivery, hand- Docket Office at the above address. (Gantt Chart of Activities linked to Logical delivery, and messenger service: Submit Comments and submissions posted on Framework matrix in Annex A). your comments and attachments to the OSHA’s Webpage are available at 3.3 Budget (with cost of Activities linked OSHA Docket Office, Room N–2625, http://www.OSHA.gov. Contact the to Outputs for Budget Performance U.S. Department of Labor, 200 OSHA Docket Office for information Integration in Annex B). Constitution Avenue, NW., Washington, about materials not available through 4. Project Monitoring and Evaluation. DC 20210; telephone (202) 693–2350 the OSHA Web page and for assistance 4.1 Indicators and Means of Verification. (OSHA’s TTY number is (877) 889– using the Web page to locate docket 4.2 Baseline Data Collection Plan. 5627). The OSHA Docket Office and submissions. 5. Institutional and Management Department of Labor hours of operation Electronic copies of this Federal Framework. Register notice as well as other relevant 5.1 Institutional Arrangements for are 8:15 a.m. to 4:45 p.m., ET. documents are available on OSHA’s Implementation. Facsimile: If your comments, 5.2 Collaborating and Implementing including any attachments, are 10 pages Webpage. Institutions (Partners) and Responsibilities. or fewer, you may fax them to the OSHA II. Background 5.3 Other Donor or International Docket Office at (202) 693–1648. Organization Activity and Coordination. Electronic: You may submit The Department of Labor, as part of its 5.4 Project Management Organizational comments through the Internet at continuing effort to reduce paperwork Chart. http://ecomments.osha.gov/. Follow and respondent (i.e., employer) burden, 6. Inputs. instructions on the OSHA Web page for conducts a preclearance consultation 6.1 Inputs provided by USDOL. submitting comments. program to provide the public with an 6.2 Inputs provided by the Grantee. Docket: For access to the docket to opportunity to comment on proposed 6.3 National and/or Other Contributions. read or download comments or and continuing information-collection 7. Sustainability background materials, such as the requirements in accordance with the Annex A: Full presentation of the Logical complete Information Collection Paperwork Reduction Act of 1995 Framework matrix. Request (ICR) (containing the (PRA–95) (44 U.S.C. 3506(c)(2)(A)). Annex B: Outputs Based Budget example. Supporting Statement, OMB–83–I– This program ensures that (A worked example of a Logical Form, and attachments), go to OSHA’s information is in the desired format, Framework matrix, an Outputs Based Budget, Web page at http://OSHA.gov. reporting burden (time and costs) is and other background documentation for this Comments, submissions and the ICR are minimal, collection instruments are solicitation are available from the USDOL/ available for inspection and copying at clearly understood, and OSHA’s ILAB Web site at http://www.dol.gov/ILAB/ the OSHA Docket Office at the address estimate of the information collection grants/sga0410/bkgrdSGA0410.htm.) above. You may also contact Theda burden is accurate. The Occupational [FR Doc. 04–17043 Filed 7–26–04; 8:45 am] Kenney or Todd Owen at the address Safety and Health Act of 1970 (the Act) BILLING CODE 4510–28–P below to obtain a copy of the ICR. (29 U.S.C. 651 et seq.) authorizes

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information collection by employers as certification records to 10 hours to prior to the meeting will be provided to necessary or appropriate for inspect/test both a powered platform the members of the committee and will enforcement of the Act or for developing facility and its suspension wire ropes, be included in the record of the information regarding the causes and and to prepare the certification record. meeting. because of the need to cover a prevention of occupational injuries, Total Responses: 36,598. wide variety of subjects in a short illnesses, and accidents (29 U.S.C. 657). Estimated Total Burden Hours: period of time, there is usually The requirements of the Powered 135,476. insufficient time on the agenda for Platforms for Building Maintenance Estimated Cost (Operation and members of the public to address the Standard include written emergency Maintenance): $0. committee orally. However, any such action plans and work plans for V. Authority and Signature requests will be considered by the Chair training; affixing load-rating plates to who will determine whether or not time each suspended unit, labeling John L. Henshaw, Assistant Secretary permits. Any request to make an oral emergency electric-operating devices of Labor for Occupational Safety and presentation should state the amount of with instructions for their use, and Health, directed the preparation of this time desired, the capacity in which the attaching a tag to one of the fastenings notice. The authority for this notice is person would appear, and a brief holding a suspension wire rope; the the Paperwork Reduction Act of 1995 outline of the content of the inspection and testing of, and written (44 U.S.C. 3506), and Secretary of presentation. Individuals with certification for, building-support Labor’s Order No. 5–2002 (67 FR disabilities who need special structures, components of powered 65008). accommodations should contact Veneta platforms, powered platform facilities, Signed at Washington, DC, on July 22, Chatmon (phone: 202–693–1912; fax: and suspension wire ropes; and training 2004. 202–693–1634) one week before the employees and the preparation and John L. Henshaw, meeting. maintenance of written training Assistant Secretary of Labor. An official record of the meeting will certification records. [FR Doc. 04–17059 Filed 7–26–04; 8:45 am] be available for public inspection in the III. Special Issues for Comment BILLING CODE 4510–26–M OSHA Technical Data Center (TDC) located in Room N2625 at the OSHA has a particular interest in Department of Labor Building (202– comments on the following issues: 693–2350). For additional information • Whether the information collection DEPARTMENT OF LABOR contact: Wilfred Epps, Occupational requirements are necessary for the Occupational Safety and Health Safety and Health Administration proper performance of the Agency’s Administration (OSHA); Room N3641, 200 Constitution functions, including whether the Avenue NW., Washington, DC 20210 information is useful; National Advisory Committee on • The accuracy of the Agency’s (phone: 202–693–1857; fax: 202–693– Occupational Safety and Health; Notice 1641; email: [email protected]); or estimate of the burden (time and costs) of Meeting of the information collection check the National Advisory Committee requirements, including the validity of Notice is hereby given of the date and on Occupational Safety and Health the methodology and assumptions used; location of the next meeting of the Information pages located at http:// • The quality, utility, and clarity of National Advisory Committee on www.osha.gov/dop/nacosh/ the information collected; and Occupational Safety and Health nacosh.html. • Ways to minimize the burden on (NACOSH), established under Section Signed at Washington, DC this 20th day of employers who must comply; for 7(a) of the Occupational Safety and July 2004. example, by using automated or other Health Act of 1970 (29 U.S.C. 656) to John L. Henshaw, technological information-collection advise the Secretary of Labor and the Assistant Secretary of Labor for Occupational and transmission techniques. Secretary of Health and Human Services Safety and Health. IV. Proposed Actions on matters relating to the administration [FR Doc. 04–17044 Filed 7–26–04; 8:45 am] of the Act. NACOSH will hold a meeting BILLING CODE 4510–26–M OSHA is proposing to extend the on August 19, in Room N3437 (A–C), information collection requirements U.S. Department of Labor, located at 200 contained in the Powered Platforms for Constitution Avenue NW., Washington, Building Maintenance Standard (29 CFR NATIONAL TRANSPORTATION DC. The Meeting is open to the public 1910.66). The Agency will summarize SAFETY BOARD and will begin at 9 a.m. on August 18 the comments submitted in response to and end at approximately 4:15 p.m. Sunshine Act Meeting this notice, and will include this Agenda items will include updates on summary in its request to OMB to activities of both the Occupational TIME: 9:30 a.m., Tuesday, August 3, extend the approval of the information- Safety and Health Administration 2004. collection requirement. PLACE: NTSB Conference Center, 429 Type of Review: Extension of (OSHA) and the National Institute for L’Enfant Plaza SW., Washington, DC currently approved information- Occupational Safety and Health 20594. collection requirements. (NIOSH). Presentations will also be Title: Powered Platforms for Building made on the following subjects: STATUS: The two items are Open to the Maintenance (29 CFR 1910.66). Enforcement Indicators, VPP and public. OMB Number: 1218–0121. Partnerships, Regulatory Issues, MATTERS TO BE CONSIDERED: Affected Public: Business or other for- Hispanic Summit, and NIOSH’s Steps to 7649 Highway Accident Report— profit; not-for-profit institutions; Federal a Healthier U.S. Workforce Initiative. Rear-end Collision and Subsequent government; State, local or tribal Written data, vies, or comments for Vehicle Intrusion into Pedestrian Space governments. consideration by the committee may be at Certified Farmers’ Market, Santa Number of Respondents: 900. submitted, preferably with 20 copies, to Monica, California, July 16, 2003. Frequency of Response: Varies from 2 Wilfred Epps at the address provided 6413C Proposed Disposition of A– minutes (.03 hour) to disclose below. Any such submissions received 95–51—Safety Recommendation to the

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Federal Aviation Administration (FAA) accident previously evaluated; or (2) past performance, would be extended on a to Require that All Occupants in create the possibility of a new or one time basis to fifteen years from the last Airplanes be Restrained. different kind of accident from any Type A test. The proposed extension to Type accident previously evaluated; or (3) A testing cannot create the possibility of a NEWS MEDIA CONTACT: Telephone (202) new or different [kind] of accident since 314–6100 involve a significant reduction in a there are no physical changes being made to Individuals requesting specific margin of safety. As required by 10 CFR the plant and there are no changes to the accommodations should contact Ms. 50.91(a), the licensee has provided its operation of the plant that could introduce a Carolyn Dargan at (202) 314–6305 by analysis of the issue of no significant new failure mode creating an accident or Friday, July 30, 2004. hazards consideration, which is affecting the mitigation of an accident. The public may view the meeting via presented below: 3. Does the change involve a significant reduction in [a] margin of safety? a live or archived webcast by accessing 1. Does the change involve a significant The change does not involve a significant increase in the probability or consequences a link under ‘‘News & Events’’ on the reduction in [a] margin of safety. The of an accident previously analyzed? NTSB home page at www.ntsb.gov. proposed revision to Technical The change does not involve a significant FOR FURTHER INFORMATION CONTACT: increase in the probability or consequences Specifications adds a one time extension to Vicky D’Onofrio, (202) 314–6410. of an accident previously analyzed. the current interval for Type A testing. The current test interval of ten years, based on Dated: July 23, 2004. The proposed revision to Technical past performance, would be extended on a Vicky D’Onofrio, Specifications adds a one time extension to the current interval for Type A testing. The one time basis to fifteen years from the last Federal Register Liaison Officer. current test interval of ten years, based on Type A test. The proposed extension to Type [FR Doc. 04–17181 Filed 7–23–04; 1:41 pm] past performance, would be extended on a A testing will not significantly reduce the margin of safety. The NUREG 1493 generic BILLING CODE 7533–01–M one time basis to fifteen years from the last Type A test. The proposed extension to Type study of the effects of extending containment A testing cannot increase the probability of leakage testing found that a 20 year extension an accident previously evaluated since the in Type A leakage testing resulted in an NUCLEAR REGULATORY containment Type A testing extension is not imperceptible increase in risk to the public. COMMISSION a modification and the test extension is not NUREG–1493 found that, generically, the design containment leakage rate contributes [Docket No. 50–333] of a type that could lead to equipment failure or accident initiation. about 0.1 percent to the individual risk and that the decrease in Type A testing frequency Entergy Nuclear Operations, Inc.; The proposed extension to Type A testing does not involve a significant increase in the would have a minimal affect on this risk Notice of Consideration of Issuance of consequences of an accident since research since 95% of the potential leakage paths are Amendment to Facility Operating documented in NUREG–1493 has found that, detected by Type C testing. This was further License, Proposed No Significant generically, very few potential containment confirmed by a plant specific risk assessment Hazards Consideration Determination, leakage paths are not identified by Type B using the current FitzPatrick Individual Plant and Opportunity for a Hearing and C tests. The NUREG concluded that Examination (IPE) internal events model that reducing the Type A (ILRT) testing frequency concluded the risk associated with this The U.S. Nuclear Regulatory to one per twenty years was found to lead to change is negligibly small and/or non-risk Commission (the Commission) is an imperceptible increase in risk. These significant. considering issuance of an amendment generic conclusions were confirmed by a The NRC staff has reviewed the to Facility Operating License No. DPR– plant specific risk analysis performed using licensee’s analysis and, based on this 59 issued to Entergy Nuclear the current FitzPatrick Individual Plant Examination (IPE) internal events model. review, it appears that the three Operations, Inc. (the licensee) for Testing and inspection programs in place standards of 10 CFR 50.92(c) are operation of the James A. FitzPatrick at FitzPatrick also provide a high degree of satisfied. Therefore, the NRC staff Nuclear Power Plant located in Oswego assurance that the containment will not proposes to determine that the County, New York. degrade in a manner detectable only by Type amendment request involves no The proposed amendment would A testing. The last four Type A tests show significant hazards consideration. revise Technical Specification Section leakage to be below acceptance criteria, The Commission is seeking public 5.5.6, ‘‘Primary Containment Leakage indicating a very leak tight containment. comments on this proposed Rate Testing Program,’’ to allow a one- Type B and C testing required by Technical determination. Any comments received Specifications will identify any containment time extension of the interval between opening such as valves that would otherwise within 30 days after the date of the Type A, integrated leakage rate tests be detected by the Type A tests. Inspections, publication of this notice will be (ILRTs), from 10 years to no more than including those required by the ASME [C]ode considered in making any final 15 years. [American Society of Mechanical Engineers determination. Before issuance of the proposed Boiler and Pressure Vessel Code] and the Normally, the Commission will not license amendment, the Commission maintenance rule are performed in order to issue the amendment until the will have made findings required by the identify indications of containment expiration of 60 days after the date of Atomic Energy Act of 1954, as amended degradation that could affect that leak publication of this notice. The (the Act), and the Commission’s tightness. Commission may issue the license These factors in part and in aggregate show regulations. that a Type A test extension of up to five amendment before expiration of the 60- The Commission has made a years will not represent a significant increase day period provided that its final proposed determination that the in the consequences of an accident. determination is that the amendment amendment request involves no 2. Does the change create the possibility of involves no significant hazards significant hazards consideration. Under a new or different kind of accident from any consideration. In addition, the the Commission’s regulations in Title 10 accident previously analyzed? Commission may issue the amendment of the Code of Federal Regulations (10 The change does not create the possibility prior to the expiration of the 30-day CFR), Section 50.92, this means that of a new or different kind of accident from comment period should circumstances any accident previously analyzed. The operation of the facility in accordance proposed revision to Technical change during the 30-day comment with the proposed amendment would Specifications adds a one time extension to period such that failure to act in a not (1) Involve a significant increase in the current interval for Type A testing. The timely way would result, for example in the probability or consequences of an current test interval of ten years, based on derating or shutdown of the facility.

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Should the Commission take action Administrative Judge of the Atomic when the hearing is held. If the final prior to the expiration of either the Safety and Licensing Board will issue a determination is that the amendment comment period or the notice period, it notice of a hearing or an appropriate request involves no significant hazards will publish in the Federal Register a order. consideration, the Commission may notice of issuance. Should the As required by 10 CFR 2.309, a issue the amendment and make it Commission make a final No Significant petition for leave to intervene shall set immediately effective, notwithstanding Hazards Consideration Determination, forth with particularity the interest of the request for a hearing. Any hearing any hearing will take place after the petitioner in the proceeding, and held would take place after issuance of issuance. The Commission expects that how that interest may be affected by the the amendment. If the final the need to take this action will occur results of the proceeding. The petition determination is that the amendment very infrequently. should specifically explain the reasons request involves a significant hazards Written comments may be submitted why intervention should be permitted consideration, any hearing held would by mail to the Chief, Rules and with particular reference to the take place before the issuance of any Directives Branch, Division of following general requirements: (1) The amendment. Administrative Services, Office of name, address and telephone number of Nontimely requests and/or petitions Administration, U.S. Nuclear Regulatory the requestor or petitioner; (2) the and contentions will not be entertained Commission, Washington, DC 20555– nature of the requestor’s/petitioner’s absent a determination by the 0001, and should cite the publication right under the Act to be made a party Commission or the presiding officer of date and page number of this Federal to the proceeding; (3) the nature and the Atomic Safety and Licensing Board Register notice. Written comments may extent of the requestor’s/petitioner’s that the petition, request and/or the also be delivered to Room 6D59, Two property, financial, or other interest in contentions should be granted based on White Flint North, 11545 Rockville the proceeding; and (4) the possible a balancing of the factors specified in 10 Pike, Rockville, Maryland, from 7:30 effect of any decision or order which CFR 2.309(a)(1)(i)–(viii). a.m. to 4:15 p.m. Federal workdays. may be entered in the proceeding on the A request for a hearing or a petition Documents may be examined, and/or requestors/petitioner’s interest. The for leave to intervene must be filed by: copied for a fee, at the NRC’s Public petition must also identify the specific (1) First class mail addressed to the Document Room, located at One White contentions which the petitioner/ Office of the Secretary of the Flint North, Public File Area O1 F21, requestor seeks to have litigated at the Commission, U.S. Nuclear Regulatory 11555 Rockville Pike (first floor), proceeding. Commission, Washington, DC 20555– Rockville, Maryland. Each contention must consist of a 0001, Attention: Rulemaking and The filing of requests for hearing and specific statement of the issue of law or Adjudications Staff; (2) courier, express petitions for leave to intervene is fact to be raised or controverted. In mail, and expedited delivery services: discussed below. addition, the petitioner/requestor shall Office of the Secretary, Sixteenth Floor, Within 60 days after the date of provide a brief explanation of the bases One White Flint North, 11555 Rockville publication of this notice, the licensee for the contention and a concise Pike, Rockville, Maryland 20852, may file a request for a hearing with statement of the alleged facts or expert Attention: Rulemaking and respect to issuance of the amendment to opinion which support the contention Adjudications Staff; (3) E-mail the subject facility operating license and and on which the petitioner intends to addressed to the Office of the Secretary, any person whose interest may be rely in proving the contention at the U.S. Nuclear Regulatory Commission, affected by this proceeding and who hearing. The petitioner/requestor must [email protected]; or (4) wishes to participate as a party in the also provide references to those specific facsimile transmission addressed to the proceeding must file a written request sources and documents of which the Office of the Secretary, U.S. Nuclear for a hearing and a petition for leave to petitioner is aware and on which the Regulatory Commission, Washington, intervene. Requests for a hearing and a petitioner intends to rely to establish DC, Attention: Rulemakings and petition for leave to intervene shall be those facts or expert opinion. The Adjudications Staff at (301) 415–1101, filed in accordance with the petition must include sufficient verification number is (301) 415–1966. Commission’s ‘‘Rules of Practice for information to show that a genuine A copy of the request for hearing and Domestic Licensing Proceedings’’ in 10 dispute exists with the applicant on a petition for leave to intervene should CFR Part 2. Interested persons should material issue of law or fact. also be sent to the Office of the General consult a current copy of 10 CFR 2.309, Contentions shall be limited to matters Counsel, U.S. Nuclear Regulatory which is available at the Commission’s within the scope of the amendment Commission, Washington, DC 20555– PDR, located at One White Flint North, under consideration. The contention 0001, and it is requested that copies be Public File Area O1 F21, 11555 must be one which, if proven, would transmitted either by means of facsimile Rockville Pike (first floor), Rockville, entitle the petitioner to relief. A transmission to 301–415–3725 or by e- Maryland. Publicly available records petitioner/requestor who fails to satisfy mail to [email protected]. A copy will be accessible from the Agencywide these requirements with respect to at of the request for hearing and petition Documents Access and Management least one contention will not be for leave to intervene should also be System’s (ADAMS) Public Electronic permitted to participate as a party. sent to Mr. David E. Blabey, 1633 Reading Room on the Internet at the Those permitted to intervene become Broadway, New York, New York 10019, NRC Web site, http://www.nrc.gov/ parties to the proceeding, subject to any attorney for the licensee. reading-rm/doc-collections/cfr/. If a limitations in the order granting leave to For further details with respect to this request for a hearing or petition for intervene, and have the opportunity to action, see the application for leave to intervene is filed by the above participate fully in the conduct of the amendment dated July 28, 2003, as date, the Commission or a presiding hearing. supplemented on May 20, 2004, which officer designated by the Commission or If a hearing is requested, the is available for public inspection at the by the Chief Administrative Judge of the Commission will make a final Commission’s PDR, located at One Atomic Safety and Licensing Board determination on the issue of no White Flint North, File Public Area O1 Panel, will rule on the request and/or significant hazards consideration. The F21, 11555 Rockville Pike (first floor), petition; and the Secretary or the Chief final determination will serve to decide Rockville, Maryland. Publicly available

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records will be accessible from the exemption. Documents may be This meeting will be webcast live at Agencywide Documents Access and examined, and/or copied for a fee, at the the Web address—http.//www.nrc.gov Management System’s (ADAMS) Public Nuclear Regulatory Commission’s (NRC) 1 p.m. Discussion of Security Issues Electronic Reading Room on the Internet Public Document Room (PDR), located (Closed—Ex. 1) at the NRC Web site, http:// at One White Flint North, 11555 www.nrc.gov/reading-rm/adams.html. Rockville Pike (first floor), Rockville, Wednesday, August 18, 2004. Persons who do not have access to Maryland. Publicly available records ADAMS or who encounter problems in will be accessible electronically from 9:30 a.m. Discussion of Security Issues accessing the documents located in the Agencywide Documents Access and (Closed—Ex. 1) ADAMS, should contact the NRC PDR Management Systems (ADAMS) Public Week of August 23, 2004—Tentative Reference staff by telephone at 1–800– Electronic Reading Room on the internet 397–4209, 301–415–4737, or by e-mail at the NRC Web site, http:// There are no meetings scheduled for to [email protected]. www.nrc.gov/reading-rm/adams/html. the Week of August 23, 2004. Dated at Rockville, Maryland, this 21st day Persons who do not have access to Week of August 30, 2004—Tentative of July 2004. ADAMS or who encounter problems in For the Nuclear Regulatory Commission. accessing the documents located in There are no meetings scheduled for the Week of August 30, 2004. Patrick D. Milano, ADAMS should contact the NRC PDR Reference staff by telephone at 1–800– * Senior Project Manager, Section I, Project The schedule for Commission Directorate I, Division of Licensing Project 397–4209, or 301–415–4737 or by e-mail meetings is subject to change on short Management, Office of Nuclear Reactor to [email protected]. notice. To verify the status of meetings Regulation. Dated at Rockville, Maryland, this 20th day call (recording)—(301) 415–1292. [FR Doc. 04–17035 Filed 7–26–04; 8:45 am] of July 2004. Contact person for more information: BILLING CODE 7590–01–P For the Nuclear Regulatory Commission. Dave Gamberoni, (301) 415–1651. Lawrence Rossbach, * * * * * Project Manager, Section 2, Project NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION: By a vote Directorate III, Division of Licensing Project of 3–0 on July 15, the Commission COMMISSION Management, Office of Nuclear Reactor Regulation. determined pursuant to U.S.C. 552b(e) [Docket Nos. 50–254 and 50–265] and § 9.107(a) of the Commission’s rules [FR Doc. 04–17034 Filed 7–26–04; 8:45 am] that ‘‘Discussion of Security Issues Exelon Generation Company, Inc. and BILLING CODE 7590–01–P (Closed—Ex.1)’’ be held July 15, and on MidAmerican Energy Company, Quad less than one week’s notice to the Cities Nuclear Power Station, Units 1 public. and 2; Notice of Withdrawal of NUCLEAR REGULATORY * * * * * Environmental Assessment COMMISSION The NRC Commission Meeting The U.S. Nuclear Regulatory Sunshine Act Meeting Schedule can be found on the Internet Commission (the Commission) has at: http://www.nrc.gov/what-we-do/ AGENCY HOLDING THE MEETING: Nuclear granted the request of MidAmerican Regulatory Commission. policy-making/schedule.html Energy Company (the licensee) to * * * * * withdraw its November 21, 2003, DATES: Weeks of July 26, August 2, 9, The NRC provides reasonable application for exemption for the Quad 16, 23, 30, 2004 accommodation to individuals with Cities Nuclear Power Station, Units 1 PLACE: Commissioners’ Conference disabilities where appropriate. If you and 2, located in Rock Island County, Room, 11555 Rockville Pike, Rockville, need a reasonable accommodation to Illinois. Maryland. participate in these public meetings, or The proposed exemption would have STATUS: Public and Closed. need this meeting notice or the allowed the licensee to delay meeting MATTERS TO BE CONSIDERED transcript or other information from the the requirements of 10 CFR 50.75(h)(2) : public meetings in another format (e.g. past the effective date of December 24, Week of July 26, 2004 braille, large print), please notify the 2003. NRC’s Disability Program Coordinator, The Commission had previously There are no meetings scheduled for August Spector at 301–415–7080, TDD: issued an Environmental Assessment the Week of July 26, 2004. 301–415–2100, or by e-mail at and Finding of No Significant Impact Week of August 2, 2004—Tentative [email protected]. Determinations on published in the Federal Register on requests for reasonable accommodation December 19, 2003 (68 FR 70843), and There are no meetings scheduled for will be made on a case-by-case basis. December 22, 2003 (68 FR 71173), for the Week of August 2, 2004. the proposed exemption as required by Week of August 9, 2004—Tentative * * * * * 10 CFR 51.21. However, by letter dated This notice is distributed by mail to There are no meetings scheduled for December 18, 2003, the licensee several hundred subscribers; if you no the Week of August 9, 2004. withdrew the proposed change. longer wish to receive it, or would like Therefore, the Commission is Week of August 16, 2004—Tentative to be added to the distribution, please withdrawing its previously issued contact the Office of the Secretary, Tuesday, August 17, 2004 Environmental Assessment and Finding Washington, DC 20555 (301–415–1969). of No Significant Impact. 9:30 a.m. Meeting with Organization of In addition, distribution of this meeting For further details with respect to this Agreement States (OAS) and notice over the Internet system is action, see the request for exemption Conference of Radiation Control available. If you are interested in dated November 21, 2003, and the Program Directors (CRCPD) (Public receiving this Commission meeting licensee’s letter dated December 18, Meeting) (Contact: John Zabko, schedule electronically, please send an 2003, which withdrew the request for 301–415–2308) electronic message to [email protected].

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Dated: July 22, 2004. Rule 7010. System Services the Nasdaq market center as part of the Dave Gamberoni, Nasdaq Closing Cross.7 (a)–(h) No Change. Office of the Secretary. Nasdaq is proposing to extend the [FR Doc. 04–17139 Filed 7–23–04; 9:38 am] (i) Nasdaq Market Center order pilot program for an additional three BILLING CODE 7590–01–M execution months in order to continue evaluating (1) and (2) No Change. the effectiveness of the Closing Cross in (3) Pilot—Closing Cross establishing the NOCP by eliminating SECURITIES AND EXCHANGE For a period of three months any pricing disincentives that could COMMISSION commencing on [the date Nasdaq arise as a result of a price schedule not established on the basis of actual trading [Release No. 34–50038; File No. SR–NASD– implements its Closing Cross (as 2004–106] described in Rule 4709)] July 12, 2004, data. During the pilot program, Nasdaq members shall not be charged Nasdaq staff will study the behavior and Self-Regulatory Organizations; Market Center execution fees, or receive participation in the Closing Cross to National Association of Securities Nasdaq Market Center liquidity provider determine the optimum pricing Dealers, Inc; Notice of Filing and credits, for those quotes and orders schedule. Immediate Effectiveness of Proposed executed in the Nasdaq Closing Cross 2. Statutory Basis Rule Change To Extend a Pilot described in Rule 4709. Program Modifying Fees and Credits Nasdaq believes that the proposed (j)–(u) No change. for Orders and Quotes Executed in the rule change is consistent with the Nasdaq Closing Cross * * * * * provisions of Section 15A of the Act,8 in II. Self-Regulatory Organization’s general, and with Section 15A(b)(5) of July 19, 2004. Statement of the Purpose of, and the Act,9 in particular, in that it Pursuant to Section 19(b)(1) of the Statutory Basis for, the Proposed Rule provides for the equitable allocation of Securities Exchange Act of 1934 reasonable dues, fees and other charges 1 2 Change (‘‘Act’’), and Rule 19b–4 thereunder, among members and issuers and other notice is hereby given that on July 12, In its filing with the Commission, persons using any facility or system 2004, the National Association of Nasdaq included statements concerning which the NASD operates or controls. Securities Dealers, Inc. (‘‘NASD’’), the purpose of and basis for the The proposal to extend the pilot through its subsidiary, The Nasdaq proposed rule change and discussed any program is an equitable allocation of Stock Market, Inc. (‘‘Nasdaq’’), filed comments it had received on the fees because the program will apply with the Securities and Exchange proposed rule change. The text of these equally to all members whose quotes Commission (‘‘Commission’’) the statements may be examined at the and orders are executed as part of the proposed rule change as described in places specified in Item IV below. Nasdaq Closing Cross. Furthermore, the Items I, II, and III below, which Items Nasdaq has prepared summaries, set program is reasonable because it will have been prepared by Nasdaq. Nasdaq forth in Sections A, B, and C below, of allow Nasdaq, for a limited period of has designated this proposal as one the most significant aspects of such time, to analyze participation in the establishing or changing a due, fee or statements. process and use the results to create an other charge imposed by the self- A. Self-Regulatory Organization’s optimum fee schedule based on actual regulatory organization under Section trading data. 19(b)(3)(A)(ii) of the Act 3 and Rule 19b– Statement of the Purpose of, and 4(f)(2) thereunder,4 which renders the Statutory Basis for, the Proposed Rule B. Self-Regulatory Organization’s rule effective upon Commission receipt Change Statement on Burden on Competition of this filing. The Commission is 1. Purpose Nasdaq believes that the proposed publishing this notice to solicit The Commission recently approved rule change does not impose any burden comments on the proposed rule change on competition that is not necessary or from interested persons. the Nasdaq Closing Cross, which is a new process for determining the Nasdaq appropriate in furtherance of the I. Self-Regulatory Organization’s Official Closing Price for the most liquid purposes of the Act, as amended. Statement of the Terms of Substance of Nasdaq stocks.6 The Nasdaq Closing C. Self-Regulatory Organization’s the Proposed Rule Change Cross is designed to create a more robust Statement on Comments on the Nasdaq is filing this proposed rule close that allows for price discovery, Proposed Rule Change Received From change to waive, for a pilot period of and an execution that results in an Members, Participants, or Others three months, the execution fees and accurate, tradable closing price. Nasdaq credits for those quotes and orders established a three-month pilot Written comments were neither executed in the Nasdaq Closing Cross. program, commencing with the launch solicited nor received. The pilot program will continue the of the Closing Cross, during which no III. Date of Effectiveness of the pilot program already in place for the execution charges were charged, and no Proposed Rule Change and Timing for Closing Cross. liquidity provider credits were offered, Commission Action The text of the proposed rule change for those quotes and orders executed in is below. New text is in italics. Deleted The proposed rule change has become 5 text is in [brackets]. NASD Manual available at www.nasd.com, as effective pursuant to Section 10 * * * * * amended by SR–NASD–2004–076 (filed May 5, 19(b)(3)(A)(ii) of the Act and 2004, and amended on July 2, 2004). There are no subparagraph (f)(2) of Rule 19b–4 other pending or recently approved rule filings that 1 15 U.S.C. 78s(b)(1). would affect the text of Rule 7010(i). 2 7 17 CFR 240.19b–4. 6 See Securities Exchange Act Release No. 49406 Securities Exchange Act Release No. 49576 3 15 U.S.C. 78s(b)(3)(A)(ii). (March 11, 2004); 69 FR 12879 (March 18, 2004); (April 16, 2004); 69 FR 22112 (April 23, 2004). 4 17 CFR 240.19b–4(f)(2). see also Securities Exchange Act Release No. 49534 8 15 U.S.C. 78o–3. 5 The proposed rule change is marked to show (April 7, 2004), 69 FR 19584 (April 13, 2004), 9 15 U.S.C. 78o–3(b)(5). changes to Rule 7010(i) as currently reflected in the amending the Closing Cross. 10 15 U.S.C. 78s(b)(3)(a)(ii).

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thereunder,11 because it establishes or submissions should refer to File the purpose of and basis for the changes a due, fee, or other charge Number SR–NASD–2004–106 and proposed rule change and discussed any imposed by Nasdaq. At any time within should be submitted on or before comments it received on the proposed 60 days of the filing of the proposed rule August 17, 2004. rule change. The text of these statements change, the Commission may summarily For the Commission, by the Division of may be examined at the places specified abrogate such rule change if it appears Market Regulation, pursuant to delegated in Item IV below. Nasdaq has prepared to the Commission that such action is authority.12 summaries, set forth in Sections A, B, necessary or appropriate in the public Margaret H. McFarland, and C below, of the most significant interest, for the protection of investors, Deputy Secretary. aspects of such statements. or otherwise in furtherance of the [FR Doc. 04–17001 Filed 7–26–04; 8:45 am] purposes of the Act. A. Self-Regulatory Organization’s BILLING CODE 8010–01–P IV. Solicitation of Comments Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Interested persons are invited to SECURITIES AND EXCHANGE Change submit written data, views, and COMMISSION arguments concerning the foregoing, 1. Purpose including whether the proposed rule [Release No. 34–50037; File No. SR–NASD– change, as amended, is consistent with 2004–102] The proposed rule change seeks to the Act. Comments may be submitted by modify the fee schedule for the OTCBB any of the following methods: Self-Regulatory Organizations; Notice historical trading activity reports to add of Filing of a Proposed Rule Change by a fee of $26 for a Company Profile Electronic Comments the National Association of Securities Report for OTCBB issuers. The • Use the Commission’s Internet Dealers, Inc. To Establish a Fee for Company Profile Reports are research comment form (http://www.sec.gov/ Company Profile Reports of OTCBB reports produced, maintained, and rules/sro.shtml); or Issuers owned by a third-party vendor.3 The • Send an e-mail to rule- proposal seeks to provide OTCBB.com July 19, 2004. [email protected]. Please include File users with the convenience of ordering Number SR–NASD–2004–106 on the Pursuant to Section 19(b)(1) of the third-party research reports for OTCBB subject line. Securities Exchange Act of 1934 issuers directly from the OTCBB.com (‘‘Act’’),1 and Rule 19b–4 thereunder,2 website. Nasdaq believes that this will Paper Comments notice is hereby given that on July 1, enable OTCBB.com users to obtain • Send paper comments in triplicate 2004, the National Association of relevant information about OTCBB to Jonathan G. Katz, Secretary, Securities Dealers, Inc. (‘‘NASD’’) Securities and Exchange Commission, through its subsidiary, the Nasdaq Stock issuers without having to search the 450 Fifth Street, NW., Washington, DC Market, Inc. (‘‘Nasdaq’’), filed with the Internet or visit multiple Web sites. 20549–0609. All submissions should Securities and Exchange Commission 2. Statutory Basis refer to File Number SR–NASD–2004– (‘‘Commission’’) the proposed rule 106. This file number should be change as described in Items I, II, and Nasdaq believes that the proposed included on the subject line if e-mail is III below, which Items have been rule change is consistent with the used. To help the Commission process prepared by Nasdaq. The Commission is provisions of Section 15A of the Act 4 in and review your comments more publishing this notice to solicit general and with Section 15A(b)(5) of efficiently, please use only one method. comments on the proposed rule change the Act 5 in particular, in that the The Commission will post all comments from interested persons. proposed fee would provide for the on the Commission’s Internet Web site I. Self-Regulatory Organization’s equitable allocation of reasonable (http://www.sec.gov/rules/sro.shtml). charges among the persons ordering a Copies of the submission, all subsequent Statement of the Terms of the Substance Company Profile Report from amendments, all written statements of the Proposed Rule Change OTCBB.com. with respect to the proposed rule Nasdaq proposes to add a fee for the change that are filed with the Company Profile Report to the fee B. Self-Regulatory Organization’s Commission, and all written schedule for OTC Bulletin Board Statement on Burden on Competition communications relating to the (‘‘OTCBB’’) historical trading activity proposed rule change between the reports. Nasdaq will implement the Nasdaq does not believe that the Commission and any person, other than proposed fee as soon as practicable after proposed rule change would result in those that may be withheld from the Commission approval. any burden on competition that is not public in accordance with the The text of the proposed rule change necessary or appropriate in furtherance provisions of 5 U.S.C. 552, will be is available from the principal office of of the purposes of the Act. available for inspection and copying in Nasdaq and at the Commission’s Public the Commission’s Public Reference Reference Room. Room. Copies of the filing also will be 3 The current third-party vendor for the Company available for inspection and copying at II. Self-Regulatory Organization’s Profile Reports is Knobias, LLC (‘‘Knobias’’). the principal offices of NASD. All Statement of the Purpose of, and Knobias receives much of its historical trading data comments received will be posted Statutory Basis for, the Proposed Rule from Tradeline, Inc. (‘‘Tradeline’’). Tradeline Change subscribes to a number of Nasdaq data feed without change; the Commission does services. Telephone conversation among Eric Lai, not edit personal identifying In its filing with the Commission, Office of General Counsel, Nasdaq; Tim Fox, information from submissions. You Attorney, Division of Market Regulation Nasdaq included statements concerning (‘‘Division’’), Commission; and Ross Hurwitz, should submit only information that Summer Honors Intern, Division, Commission on you wish to make available publicly. All 12 17 CFR 200.30–3(a)(12). July 14, 2004. 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78o–3. 11 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4. 5 15 U.S.C. 78o–3(b)(5).

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C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s Statement on Comments on the available for inspection and copying in Statement of the Terms of Substance of Proposed Rule Change Received From the Commission’s Public Reference the Proposed Rule Change Members, Participants, or Others Section, 450 Fifth Street, NW., The Exchange is proposing to include Written comments were neither Washington, DC 20549. Copies of such additional display requirements to the solicited nor received. filing also will be available for existing terms and conditions pursuant inspection and copying at the principal III. Date of Effectiveness of the to which vendors may distribute to their office of the Nasdaq. All comments SM Proposed Rule Change and Timing for customers NYSE Liquidity Quote received will be posted without change; Commission Action information that the Exchange makes the Commission does not edit personal available. The Exchange has set forth Within 35 days of the date of identifying information from the additional requirements in an publication of this notice in the Federal submissions. You should submit only Exhibit C (the ‘‘Liquidity Quote Exhibit Register or within such longer period (i) information that you wish to make C’’) to the standard form of ‘‘Agreement as the Commission may designate up to available publicly. All submissions for the Receipt and Use of Market Data.’’ 90 days of such date if it finds such should refer to File Number SR–NASD– The text of the proposed Liquidity longer period to be appropriate and 2004–102 and should be submitted on Quote Exhibit C appears below in publishes its reasons for so finding, or or before August 17, 2004. italics. (ii) as to which the Nasdaq consents, the * * * * * Commission will: For the Commission, by the Division of (A) By order approve such proposed Market Regulation, pursuant to delegated EXHIBIT C authority.6 rule change; or AGREEMENT FOR RECEIPT AND USE (B) Institute proceedings to determine Margaret H. McFarland, OF MARKET DATA: ADDITIONAL whether the proposed rule change Deputy Secretary. PROVISIONS should be disapproved. [FR Doc. 04–17010 Filed 7–26–04; 8:45 am] 21. NYSE LIQUIDITY QUOTESM IV. Solicitation of Comments BILLING CODE 8010–01–P (a) DEFINITIONS Interested persons are invited to (i) ‘‘Liquidity Quote Information’’ submit written data, views, and means any depth-market information arguments concerning the foregoing, SECURITIES AND EXCHANGE COMMISSION and other information that NYSE makes including whether the proposed rule available pursuant to the NYSE change is consistent with the Act. Liquidity QuoteSM Service, including Comments may be submitted by any of [Release No. 34–50040; File No. SR–NYSE– Liquidity Quote bids and offers, and any the following methods: 2004–32] modified version of that information Electronic Comments Self-Regulatory Organizations; Notice and any information derived from that information. • Use the Commission’s Internet of Filing of Proposed Rule Change and comment form (http://www.sec.gov/ (ii) ‘‘Other Bids and Offers’’ means Amendment No. 1 Thereto by the New bids and offers other than Liquidity rules/sro.shtml); or York Stock Exchange, Inc. Relating to • Quote bids and offers. For example, Send an e-mail to rule- NYSE Liquidity QuoteSM Exhibit C [email protected]. Please include File Other Bids and Offers include the NYSE Number SR–NASD–2004–102 on the July 20, 2004. best bid or offer, another market center’s subject line. best bid or offer and a national best bid Pursuant to Section 19(b)(1) of the or offer. Paper Comments Securities Exchange Act of 1934 (b) AUTHORIZATION—Exhibit A • Send paper comments in triplicate (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 describes Customer’s receipt of Liquidity to Jonathan G. Katz, Secretary, notice is hereby given that on June 24, Quote Information. Liquidity Quote Securities and Exchange Commission, 2004, the New York Stock Exchange, Information shall constitute ‘‘NYSE 450 Fifth Street, NW., Washington, DC Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with Market Information’’ for all purposes of 20549–0609. the Securities and Exchange the Agreement and its exhibits. All submissions should refer to File Commission (‘‘Commission’’) the Customer may use Liquidity Quote Number SR–NASD–2004–102. This file proposed rule change as described in Information, and may provide displays number should be included on the Items I, II, and III below, which Items of Liquidity Quote Information to subject line if e-mail is used. To help the have been prepared by the Exchange. Subscribers, but may do so: Commission process and review your On July 16, 2004, the NYSE filed an (i) only as and to the extent described, comments more efficiently, please use amendment to the proposed rule and in the manner specified, in Exhibit only one method. The Commission will change.3 The Commission is publishing A; and post all comments on the Commission’s this notice, as amended, to solicit (ii) only for so long as the Agreement and this Exhibit C are in effect. Internet Web site (http://www.sec.gov/ comments on the proposed rule change rules/sro.shtml). Copies of the from interested persons. Customer’s provision of displays of submission, all subsequent Liquidity Quote Information to amendments, all written statements Subscribers shall constitute ‘‘Subscriber 6 with respect to the proposed rule 17 CFR 200.30–3(a)(12). Services’’ under the Agreement. Each 1 change that are filed with the 15 U.S.C. 78s(b)(1). display of Liquidity Quote Information 2 Commission, and all written 17 CFR 240.19b–4. that Customer provides to Subscribers 3 communications relating to the See letter from Darla C. Stuckey, Corporate shall indicate that NYSE is the source Secretary, NYSE, to Nancy J. Sanow, Assistant proposed rule change between the Director, Division of Market Regulation, of the information included in the Commission and any person, other than Commission, dated July 16, 2004 (‘‘Amendment No. display. those that may be withheld from the 1’’). In Amendment No. 1, the NYSE clarified that (c) DISPLAY SERVICES—As an public in accordance with the the entire proposed Exhibit C represents new text. additional Subscriber Service

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requirement under clause (iii) of manner of display and each order book, trading interest of brokers in Paragraph 5(b) of the Agreement, modification. the trading crowd, and the specialist’s Customer shall not commence to (e) INTERNAL DISPLAYS—The dealer interest, at prices ranging from provide displays of Liquidity Quote Liquidity Quote display requirements the best bid (offer) down to the liquidity Information to a Subscriber unless: set forth in Paragraph 21(d) shall not bid (up to the liquidity offer). apply insofar as Customer provides (i) Customer has first presented the The Liquidity Quote Contract and displays to its officers, partners and Subscriber with such form of notice or Exhibit C agreement as NYSE may specify; and employees or to those of its Customer (ii) if NYSE specifies that the Affiliates. Pursuant to the Commission’s April Order, the Exchange has made NYSE Subscriber must acknowledge its receipt ACCEPTED AND AGREED of that notice, or manifest its assent to Liquidity Quote information available to that agreement, the Subscriber has first [NAME OF VENDOR] vendors and others since June 13, 2003. As of December 31, 2003, the Exchange complied with that requirement in such By: llllllllllll had entered into agreements with manner as NYSE may direct. Name: (d) LIQUIDITY QUOTE DISPLAY approximately 50 vendors that Title: distribute NYSE Liquidity Quote RULES Date: (i) AGGREGATED DISPLAYS—Insofar information displays to approximately NEW YORK STOCK EXCHANGE, INC. 12,000 end-user terminals. In order for as Customer aggregates Liquidity Quote acting solely on its own behalf as a vendor to receive NYSE Liquidity bids and offers with Other Bids and Paragraph 12 describes Quote information from the Exchange Offers in its displays (an ‘‘Aggregated for redistribution to its customers, the Display’’), Customer shall cause the llllllllllll By: Exchange requires the vendor to enter Aggregated Display to indicate the Name: into its standard form of ‘‘Agreement for number of shares attributable to the Title: Receipt and Use of Market Data.’’ This Liquidity Quote bids and offers. Date: form (the ‘‘Consolidated Vendor Form’’) (ii) MONTAGES—If Customer * * * * * is the same form that vendors must includes a Liquidity Quote bid or offer enter into in order to receive market in a montage that includes an NYSE II. Self-Regulatory Organization’s Statement of the Purpose of, and data under the Consolidated Tape best bid or offer (a ‘‘Montage’’), Association ‘‘CTA’’ Plan and the Customer shall exclude the size of the Statutory Basis for, the Proposed Rule Change Consolidated Quotation ‘‘CQ’’ Plan. The NYSE best bid or offer from any participants in the CTA and CQ Plans calculation of cumulative size within In its filing with the Commission, the first submitted the Consolidated Vendor the Montage. Exchange included statements Form to the Commission for immediate (iii) ATTRIBUTION—Customer shall concerning the purpose of, and basis for, effectiveness in 1990 5 and the associate the identifier ‘‘NYSE Liquidity the proposed rule change and discussed Commission approved a revised version Quote’’ or ‘‘NYLQ’’ with each element or any comments it received on the of it in 1996 in conjunction with the line of Liquidity Quote Information that proposed rule change. The text of these participants’ restatement of the CTA and it includes in an Aggregated Display, statements may be examined at the CQ Plans.6 Montage or other integrated display. places specified in Item IV below. The The Exchange designed the (iv) LIQUIDITY QUOTE-ONLY Exchange has prepared summaries, set Consolidated Vendor Form as a generic, DISPLAYS—Customer may integrate forth in Sections A, B, and C below, of one-size-fits-all form of agreement that Liquidity Quote Information with other the most significant aspects of such consists of a standard set of basic market information as the Agreement, statements. provisions that apply to all data as modified by this Exhibit C, may recipients. Accordingly, the A. Self-Regulatory Organization’s provide. However, Customer shall also Consolidated Vendor Form Statement of the Purpose of, and make Liquidity Quote Information accommodates a number of different Statutory Basis for, the Proposed Rule available as a product that is separate types of market data, a number of Change and apart from information products different means of receiving access to that include other market centers’ 1. Purpose market data, and a number of different information (a ‘‘Non-integrated NYSE On April 2, 2003, the Commission uses of market data. Because it was Liquidity Quote Product’’). Customer approved NYSE Liquidity Quote, a recognized that the Consolidated may include other NYSE market data in product that provides investors with Vendor Form could not anticipate every Non-integrated Liquidity Quote ‘‘liquidity bids’’ and ‘‘liquidity offers.’’ aspect of a vendor’s receipt and use of Products, subject to compliance with The NYSE Liquidity Quote represents market data or future advances in such contract and fee requirements as the aggregated Exchange trading interest technology or new product offerings, may apply to that other NYSE market at a specific price interval below the Paragraph 19(a) of the Form provides data. Customer shall make its best bid (in the case of a liquidity bid) that ‘‘Exhibit C, if any, contains subscribers aware of the availability of additional provisions applicable to any or at a specific price interval above the the Non-integrated Liquidity Quote non-standard aspects of Customer’s best offer (in the case of a liquidity Product in the same manner and to the Receipt and Use of Market Data.’’ The offer).4 The specific price interval above same extent as it makes its subscribers Liquidity Quote Exhibit C contains or below the best bid and offer, as well aware of the integrated product. certain display requirements that are not as the minimum size of the liquidity bid (v) SCREEN SHOTS—No later than at standard to the receipt and use of other or offer, is established by the specialist the time that Customer commences to in the subject security. Liquidity bids provide to others displays of Liquidity 5 See Securities Exchange Act Release No. 28407 and offers include orders on the limit Quote Information, or modifies those (September 6, 1990), 55 FR 37276 (September 10, 1990) (File No. 4–281). displays, Customer shall submit to 4 See Securities Exchange Act Release No. 47614 6 See Securities Exchange Act Release No. 37191 NYSE for inclusion in Exhibit A sample (April 2, 2003), 68 FR 17140 (April 8, 2003) (SR– (May 9, 1996), 61 FR 24842 (May 16, 1996) (File No. screen shots that demonstrate each NYSE–2002–55) (‘‘April Order’’). SR–CTA/CQ–96–1).

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types of market data under the system and, in general, to protect Exchange or market Size Bid Consolidated Vendor Form (the maker investors and the public interest. ‘‘Display Requirements’’). N ...... 8 79.50 B. Self-Regulatory Organization’s The January Order B ...... 5 79.49 Statement on Burden on Competition T ...... 2 79.48 The Exchange has required vendors to NYLQ 50* P 2 ...... 52 79.47 The Exchange does not believe that enter into the Liquidity Quote Exhibit C C ...... 1 79.30 the proposed rule change, as amended, since the June 13, 2003 inception of will impose any burden on competition that is not necessary or appropriate in NYSE Liquidity Quote. However, the In this example, ‘‘N,’’ ‘‘B,’’ ‘‘T,’’ ‘‘P,’’ furtherance of the purposes of the Act. Commission issued an order 7 in January and ‘‘C’’ refer to the best bid available that set aside five of the Display on the Exchange, the Boston Stock C. Self-Regulatory Organization’s Exchange, Inc., the Nasdaq Stock Requirements after determining that Statement on Comments on the Market, Inc., the Pacific Exchange, Inc., those Display Requirements constitute Proposed Rule Change Received From and the Chicago Stock Exchange, Inc., Members, Participants or Others Exchange rules that are required to be respectively, and NYLQ refers to the filed and approved pursuant to Section NYSE Liquidity Quote bid. The left- The Exchange has not solicited, and 19(b) of the Act. hand column shows attribution to NYSE does not intend to solicit, comments The Exchange has reviewed both the Liquidity Quote and the size of the regarding the proposed rule change. The January Order and its experience with NYSE Liquidity Quote and NYSE best Exchange has not received unsolicited the NYSE Liquidity Quote product. It bids. According to the Exchange, if one written comments from members or has determined that some Display were to omit that column from the other interested parties. The Exchange Requirements that were essential at the display, the NYSE Liquidity Quote represents that it has taken into account product’s commencement in order to would lose its attribution to NYSE. The the matters addressed by the familiarize investors with the product Exchange represents that this Commission in the proceeding that gave are no longer necessary. It has also requirement also alerts investors that a rise to the January Order. part of the aggregated quote’s size at considered the oral comments of III. Date of Effectiveness of the $79.47 is attributable to NYSE Liquidity vendors regarding other Display Proposed Rule Change and Timing for Quote, and therefore: Requirements, has weighed those Commission Action comments against those Display (i) That part is a depth quote, not a Requirements’ contribution to clarity ‘‘best’’ quote; Within 35 days of the date of (ii) The aggregated quote’s size and the Exchange’s attribution needs, publication of this notice in the Federal includes the size of the NYSE best bid; and has determined to eliminate them. Register or within such longer period (i) and as the Commission may designate up to As a result, the Exchange has (iii) Other, higher NYSE bids may also 90 days of such date if it finds such determined to submit as the proposed be included in its size. longer period to be appropriate and rule change a Liquidity Quote Exhibit C Thus, if the left-hand column were publishes its reasons for so finding or that carries forward only one of the five omitted, investors would have no way (ii) as to which the Exchange consents, Display Requirements that the January of knowing that: the Commission will: Order set aside, that requiring (i) Of the 5,200 shares bid at $79.47, (A) By order approve such proposed indication of the number of shares (i) 5,000 shares represent a liquidity bid, rule change, as amended, or attributable to NYSE Liquidity Quote and (ii) 800 of those 5,000 shares can be (B) Institute proceedings to determine data. In addition, in response to oral traded at NYSE’s best bid of $79.50; and whether the proposed rule change comments of vendors and the January (ii) Other higher-priced bids that are should be disapproved. Order’s discussion regarding the Display included among the 5,000 Liquidity Requirements that required NYSE’s Quote shares may be available for IV. Solicitation of Comments execution on NYSE. prior approval of screen shots and Interested persons are invited to changes to them, Exhibit C now requires 2. Statutory Basis submit written data, views, and vendors to submit screen shots and The Exchange believes that the arguments concerning the foregoing, changes contemporaneously with their proposal to include an additional including whether the proposed rule first use. According to the Exchange, display requirement to the existing change, as amended, is consistent with this will facilitate the NYSE’s terms and conditions pursuant to which the Act. Comments may be submitted by monitoring of compliance with the vendors may distribute NYSE Liquidity any of the following methods: Display Requirements. Prior approval is Quote information is consistent with Electronic Comments not required. Section 6(b) of the Act,8 in general, and 9 • Use the Commission’s Internet Number-of-Shares Requirement Section 6(b)(5) of the Act, in particular, in that it is designed to prevent comment for (http://www.sec.gov/rules/ Where a vendor integrates NYSE fraudulent and manipulative acts and sro.shtml ); or Liquidity Quote bids and offers with practices, promote just and equitable • Send an e-mail to rule- ‘‘best bid and offer’’ data, the quote’s principles of trade, to foster cooperation [email protected]. Please include File display must indicate the number of and coordination with persons engaged Number SR–NYSE–2004–32 on the shares attributable to NYSE Liquidity in processing information with respect subject line. Quote data (the ‘‘Number-of-Shares to, and facilitating transactions in Paper Comments Requirement’’). A compliant example of securities, to remove impediments to • such a screen would be as follows: and perfect the mechanism of a free and Send paper comments in triplicate open market and a national market to Jonathan G. Katz, Secretary, 7 See Securities Exchange Act Release No. 49076 Securities and Exchange Commission, (January 14, 2004), (Admin. Proc. File 3–11129) 8 15 U.S.C. 78f(b). 450 Fifth Street, NW., Washington, DC (‘‘January Order’’). 9 15 U.S.C. 78f(b)(5). 20549–0609.

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• All submissions should refer to File announced locations: U.S. Small Percent Number SR–NYSE–2004–32. This file Business Administration, Disaster Area number should be included on the 1 Office, 360 Rainbow Blvd., South 3rd Homeowners with Credit Avail- subject line if e-mail is used. To help the Floor, Niagara Falls, NY 14303. able Elsewhere ...... 5.750 Commission process and review your The interest rates are: Homeowners without Credit comments more efficiently, please use Available Elsewhere ...... 2.875 Percent Businesses with Credit Avail- only one method. The Commission will able Elsewhere ...... 5.500 post all comments on the Commission’s Businesses and Non-Profit Or- Internet Web site (http://www.sec.gov/ For Physical Damage: Homeowners with Credit Avail- ganizations Without Credit rules/sro.shtml). Copies of the able Elsewhere ...... 5.750 Available Elsewhere ...... 2.750 submission, all subsequent Homeowners Without Credit Others (Including Non-Profit Or- amendments, all written statements Available Elsewhere ...... 2.875 ganizations) With Credit with respect to the proposed rule Businesses with Credit Avail- Available Elsewhere ...... 4.875 change that are filed with the able Elsewhere ...... 5.500 For Economic Injury: Commission, and all written Businesses and Non-Profit Or- Businesses and Small Agricul- ganizations Without Credit tural Cooperatives Without communications relating to the Credit Available Elsewhere ... 2.750 proposed rule change between the Available Elsewhere ...... 2.750 Commission and any person, other than Others (Including Non-Profit Or- ganizations) with Credit Avail- The number assigned to this disaster those that may be withheld from the able Elsewhere ...... 4.875 for physical damage is 359606 and for public in accordance with the For Economic Injury: economic damage is 9ZK800. provisions of 5 U.S.C. 552, will be Businesses and Small Agricul- (Catalog of Federal Domestic Assistance available for inspection and copying in tural Cooperatives Without Program Nos. 59002 and 59008) the Commission’s Public Reference Credit Available Elsewhere ... 2.750 Section, 450 Fifth Street, NW., Dated: July 20, 2004. Washington, DC 20549–0609. Copies of The number assigned to this disaster Hector V. Barreto, such filing also will be available for for physical damage is 359705 and for Administrator. inspection and copying at the principal economic injury is 9ZK900. [FR Doc. 04–17036 Filed 7–26–04; 8:45 am] office of the NYSE. All comments (Catalog of Federal Domestic Assistance BILLING CODE 8025–01–P received will be posted without change; Program Nos. 59002 and 59008) the Commission does not edit personal identifying information from Dated: July 20, 2004. submissions. You should submit only Hector V. Barreto, DEPARTMENT OF STATE information that you wish to make Administrator. available publicly. All submissions [FR Doc. 04–17037 Filed 7–26–04; 8:45 am] [Public Notice 4787] should refer to File Number SR–NSYE– BILLING CODE 8025–01–P 2004–32 and should be submitted on or Bureau of Political-Military Affairs: before August 17, 2004. Directorate of Defense Trade Controls; Notifications to the Congress of For the Commission, by the Division of SMALL BUSINESS ADMINISTRATION Market Regulation, pursuant to delegated Proposed Commercial Export Licenses 10 authority. [Declaration of Disaster #3596] AGENCY: Department of State. Margaret H. McFarland, ACTION: Notice. Deputy Secretary. Commonwealth of Northern Mariana Islands; Island of Saipan [FR Doc. 04–17002 Filed 7–26–04; 8:45 am] SUMMARY: Notice is hereby given that BILLING CODE 8010–01–P The Island of Saipan in the the Department of State has forwarded Commonwealth of the Northern Mariana the attached Notifications of Proposed Islands constitutes a disaster area as a Export Licenses to the Congress on the SMALL BUSINESS ADMINISTRATION result of damages caused by Typhoon dates shown on the attachments pursuant to sections 36(c) and 36(d) and [Declaration of Disaster #3597] Tingting that began on June 27 and continued through June 28, 2004. The in compliance with section 36(f) of the Commonwealth of Pennsylvania typhoon caused structural damages Arms Export Control Act (22 U.S.C. throughout the Island of Saipan from 2776). Centre County and the contiguous wind, wind driven rain, and flooding in EFFECTIVE DATE: As shown on each of counties of Blair, Cambria, Clearfield, low-lying areas. Applications for loans the seventeen letters. Clinton, Huntingdon, Mifflin, and for physical damage as a result of this FOR FURTHER INFORMATION CONTACT: Mr. Union in the Commonwealth of disaster may be filed until the close of Peter J. Berry, Director, Office of Defense Pennsylvania constitute a disaster area business on September 20, 2004, and for Trade Controls Licensing, Directorate of as a result of a fire that occurred on July economic injury until the close of Defense Trade Controls, Bureau of 14, 2004. The fire destroyed the business on April 20, 2005, at the Political-Military Affairs, Department of Academy Apartments in Bellefonte, address listed below or other locally State (202–663–2700). Pennsylvania. Applications for loans for announced locations: U.S. Small physical damage as a result of the Business Administration, Disaster Area SUPPLEMENTARY INFORMATION: Section disaster may be filed until the close of 4 Office, P.O. Box 419004, Sacramento, 36(f) of the Arms Export Control Act business on September 20, 2004, and for CA 95841–9004. mandates that notifications to the economic injury until the close of The interest rates are: Congress pursuant to sections 36(c) and business on April 20, 2005, at the 36(d) must be published in the Federal address listed below or other locally Percent Register when they are transmitted to Congress or as soon thereafter as 10 17 CFR 200.30–3(a)(12). For Physical Damage: practicable.

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Dated: July 19, 2004. May 19, 2004 proposed manufacturing license agreement for the manufacture of significant military Peter J. Berry, Dear Mr. Speaker: Pursuant to Section equipment abroad. Director, Office of Defense Trade Controls 36(c) and (d) of the Arms Export Control Act, The transaction described in the attached Licensing, Directorate of Defense Trade I am transmitting, herewith, certification of a certification involves the transfer of technical Controls, Bureau of Political-Military Affairs, proposed manufacturing license agreement data, assistance and manufacturing know- Department of State. for the manufacture of significant military how to Japan for the manufacture of Talon equipment abroad and the export of defense May 19, 2004 Radios for use in Cargo Transport Aircraft articles or defense services in the amount of (C–X) and Maritime Patrol Aircraft (P–X) for Dear Mr. Speaker: Pursuant to Section $100,000,000 or more. end-use by the Japan Defense Agency. 36(c) of the Arms Export Control Act, I am The transaction contained in the attached The United States Government is prepared transmitting, herewith, certification of a certification involves the export of defense to license the export of these items having proposed license for the export of defense services, technical data and defense articles taken into account political, military, articles that are firearms controlled under to Canada to support the manufacture of the economic, human rights and arms control category I of the United States Munitions List Micro Silicon Coriolis Inertial Rate and considerations. sold commercially under a contract in the Acceleration Sensor (µSCIRAS) Micro More detailed information is contained in amount of $1,000,000 or more. Electromechanical System and TruGuide the formal certification which, though The transaction contained in the attached Inertial Measurement Units (IMUs) for sales unclassified, contains business information certification involves the export of 83 M60 in the United States to support various submitted to the Department of State by the 7.62 x 51mm machine guns and associated military weapon systems. applicant, publication of which could cause minor equipment to the Colombian Ministry The United States Government is prepared competitive harm to the United States firm of National Defense for use by the Colombian to license the export of these items having concerned. Army. taken into account political, military, The United States Government is prepared economic, human rights and arms control Sincerely, to license the export of these items having considerations. Paul V. Kelly, taken into account political, military, More detailed information is contained in Assistant Secretary Legislative Affairs. economic, human rights and arms control the formal certification which, though Enclosure: Transmittal No. DTC 030–04 considerations. unclassified, contains business information The Honorable J. Dennis Hastert, Speaker of More detailed information is contained in submitted to the Department of State by the the House of Representatives. applicant, publication of which could cause the formal certification which, though May 19, 2004 unclassified, contains business information competitive harm to the United States firm submitted to the Department of State by the concerned. Dear Mr. Speaker: Pursuant to Section applicant, publication of which could cause Sincerely, 36(c) of the Arms Export Control Act, I am competitive harm to the United States firm Paul V. Kelly, transmitting, herewith, certification of a concerned. Assistant Secretary Legislative Affairs. proposed license for the export of defense articles or defense services sold Sincerely, Enclosure: Transmittal No. DDTC 027–04 commercially under contract in the amount The Honorable J. Dennis Hastert, Speaker of Paul V. Kelly, of $50,000,000 or more. the House of Representatives. Assistant Secretary Legislative Affairs. The transaction contained in the attached Enclosure: Transmittal No. DTC 130–03 May 19, 2004 certification involves the export to South The Honorable J. Dennis Hastert, Speaker of Dear Mr. Speaker: Pursuant to Section Korea and Germany of technical data, the House of Representatives. 36(c) of the Arms Export Control Act, I am defense services and hardware for the May 19, 2004 transmitting, herewith, certification of a integration of the Korean Electro-Optical proposed license for the export of defense Tracking System into the Korean Flying Tiger Dear Mr. Speaker: Pursuant to Section articles or defense services sold Vehicles for end-use by the Republic of Korea 36(d) of the Arms Export Control Act, I am commercially under a contract in the amount Army. transmitting, herewith, certification of a of $100,000,000 or more. The United States Government is prepared proposed manufacturing license agreement The transaction contained in the attached to license the export of these items having for the manufacture of significant military certification involves the export of various F– taken into account political, military, equipment abroad. 16A/B aircraft parts for the Mid-Life Upgrade economic, human rights and arms control The transaction described in the attached (MLU) Program to the governments of considerations. certification involves the transfer of technical Belgium, The Netherlands, Norway, More detailed information is contained in data, assistance and manufacturing know- Denmark, and Portugal and U.S. the formal certification which, though how to the United Kingdom and Norway for The United States Government is prepared unclassified, contains business information the manufacture of Talon Very High to license the export of these items having submitted to the Department of State by the Frequency and Ultra High Frequency Radio taken into account political, military, applicant, publication of which could cause Receiver Transmitters for end-use in the economic, human rights and arms control competitive harm to the United States firm United States. considerations. concerned. The United States Government is prepared More detailed information is contained in Sincerely, to license the export of these items having the formal certification which, though taken into account political, military, Paul V. Kelly, unclassified, contains business information Assistant Secretary Legislative Affairs. economic, human rights and arms control submitted to the Department of State by the considerations. applicant, publication of which could cause Enclosure: Transmittal No. DDTC 032–04 More detailed information is contained in competitive harm to the United States firm The Honorable J. Dennis Hastert, Speaker of the formal certification which, though concerned. the House of Representatives. unclassified, contains business information Sincerely, May 24, 2004 submitted to the Department of State by the applicant, publication of which could cause Paul V. Kelly, Dear Mr. Speaker: Pursuant to Sections competitive harm to the United States firm Assistant Secretary Legislative Affairs. 36(c) and (d) of the Arms Export Control Act, concerned. Enclosure: Transmittal No. DDTC 028–04 I am transmitting, herewith, certification of a proposed manufacturing license agreement Sincerely, The Honorable J. Dennis Hastert, Speaker of the House of Representatives. for the manufacture of significant military Paul V. Kelly, equipment abroad and the export of defense Assistant Secretary Legislative Affairs. May 19, 2004 articles or defense services in the amount of Enclosure: Transmittal No. DDTC 025–04 Dear Mr. Speaker: Pursuant to Section $100,000,000 or more. The Honorable J. Dennis Hastert, Speaker of 36(d) of the Arms Export Control Act, I am The transaction described in the attached the House of Representatives. transmitting, herewith, certification of a certification involves the transfer of technical

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data, assistance and defense articles to Japan taken into account political, military, The transaction described in the attached for the manufacture of the ARROWHEAD economic, human rights and arms control certification involves the transfer of technical Modernized TADS/PNVS for the AH–64D considerations. data, assistance and manufacturing know- Apache and the Japanese AH–X Attack More detailed information is contained in how to Germany for the manufacture of lasers Helicopter. the formal certification which, though for the TOW Missile’s Improved Target The United States Government is prepared unclassified, contains business information Acquisition System (ITAS) for end-use in the to license the export of these items having submitted to the Department of State by the United States. taken into account political, military, applicant, publication of which could cause The United States Government is prepared economic, human rights and arms control competitive harm to the United States firm to license the export of these items having considerations. concerned. taken into account political, military, More detailed information is contained in Sincerely, economic, human rights and arms control the formal certification which, though considerations. Paul V. Kelly, unclassified, contains business information More detailed information is contained in Assistant Secretary Legislative Affairs. submitted to the Department of State by the the formal certification which, though applicant, publication of which could cause Enclosure: Transmittal No. DDTC 036–04 unclassified, contains business information competitive harm to the United States firm The Honorable J. Dennis Hastert, Speaker of submitted to the Department of State by the concerned. the House of Representatives. applicant, publication of which could cause Sincerely, May 25, 2004 competitive harm to the United States firm concerned. Paul V. Kelly, Dear Mr. Speaker: Pursuant to Section Assistant Secretary Legislative Affairs. 36(c) of the Arms Export Control Act, I am Sincerely, Enclosure: Transmittal No. DDTC 033–04 transmitting, herewith, certification of a Paul V. Kelly, The Honorable J. Dennis Hastert, Speaker of proposed license for the export of defense Assistant Secretary Legislative Affairs. the House of Representatives. articles or defense services sold Enclosure: Transmittal No. DTC 004–04 May 24, 2004 commercially under a contract in the amount The Honorable J. Dennis Hastert, Speaker of of $50,000,000 or more. the House of Representatives. Dear Mr. Speaker: Pursuant to Section The transaction contained in the attached June 10, 2004 36(c) of the Arms Export Control Act, I am certification involves the export to Pakistan transmitting, herewith, certification of a of technical data, defense services and spare Dear Mr. Speaker: Pursuant to Sections proposed license for the export of defense parts to support the short-term 2-year lease 36(d) of the Arms Export Control Act, I am articles or defense services sold of 26 modified Bell model 412EP Helicopters. transmitting, herewith, certification of a commercially under a contract in the amount The transaction will be funded by the proposed manufacturing license agreement of $100,000,000 or more. Department of Defense under the authority of for the manufacture of significant military The transaction contained in the attached the Emergency Wartime Supplemental equipment abroad. certification involves the export of Vertical Appropriations Act, 2003 (Public Law 108– The transaction contained in the attached Launch Anti-Submarine Rocket (VLA) 11) and the Emergency Supplemental certification involves the export of defense components to Japan for assembly and end- Appropriations Act for Defense and for the services, technical data and defense articles use by Japan. Reconstructing of Iraq and Afghanistan to Israel to support the manufacture and The United States Government is prepared (Public Law 108–106), in order to reimburse assembly of F–16 components and parts. The to license the export of these items having the Government of Pakistan for support to be technical data and defense articles will then taken into account political, military, provided to U.S. military operations in be re-transferred to Belgium, Greece, Turkey, economic, human rights and arms control connection with the global war on terrorism. Poland and the Republic of Korea. considerations. The United States Government is prepared More detailed information is contained in The Department of Defense will conclude a to license the export of these items having the formal certification which, though Memorandum of Understanding with the taken into account political, military, unclassified, contains business information Pakistan Ministry of Defense stating that the economic, human rights and arms control submitted to the Department of State by the helicopters will be used to support the global considerations. applicant, publication of which could cause war on terrorism consistent with this funding More detailed information is contained in competitive harm to the United States firm authority. In addition, the Government of the formal certification which, though concerned. Pakistan will be required to be a party to the Technical Assistance Agreement. unclassified, contains business information Sincerely, The United States Government is prepared submitted to the Department of State by the Paul V. Kelly, to license the export of these items having applicant, publication of which could cause Assistant Secretary Legislative Affairs. taken into account political, military, competitive harm to the United States firm Enclosure: Transmittal No. DDTC 034–04 economic, human rights and arms control concerned. The Honorable J. Dennis Hastert, Speaker of considerations. Sincerely, the House of Representatives. More detailed information is contained in Paul V. Kelly, May 24, 2004 the formal certification which, though Assistant Secretary Legislative Affairs. unclassified, contains business information Enclosure: Transmittal No. DDTC 024–04 Dear Mr. Speaker: Pursuant to Section submitted to the Department of State by the The Honorable J. Dennis Hastert, Speaker of 36(c) and (d) of the Arms Export Control Act, applicant, publication of which could cause the House of Representatives. I am transmitting, herewith, certification of a competitive harm to the United States firm June 10, 2004 proposed manufacturing license agreement concerned. for the manufacture of significant military Dear Mr. Speaker: Pursuant to Section Sincerely, equipment abroad and the export of defense 36(c) of the Arms Export Control Act, I am articles or defense services sold Paul V. Kelly, transmitting, herewith, certification of a commercially under a contract in the amount Assistant Secretary Legislative Affairs. proposed license for the export of major of $100,000,000 or more. Enclosure: Transmittal No. DDTC 014–04 defense equipment sold commercially under The transaction contained in the attached The Honorable J. Dennis Hastert, Speaker of a contract in the amount of $14,000,000 or certification involves the export of the House of Representatives. more. production, manufacturing hardware and The transaction contained in the attached June 10, 2004 services to Japan to add one additional ship certification involves the export of five set, additional modules, parts and MK41 Dear Mr. Speaker: Pursuant to Section Goalkeeper Gun Mounts (including 30mm Vertical Launching System (VLS) 36(d) of the Arms Export Control Act, I am gun), warranty replacement parts for the components for the new Japanese Navy transmitting, herewith, certification of a Goalkeeper Gun Mounts and nine Timing Guided Missile Destroyer, DDG2317. proposed manufacturing license agreement Verification Gear Modkits to South Korea for The United States Government is prepared for the manufacture of significant military anti-ship missile defense on Korean Navy to license the export of these items having equipment abroad. KDX and LPX ships.

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The United States Government is prepared applicant, publication of which could cause The Honorable J. Dennis Hastert, Speaker of to license the export of these items having competitive harm to the United States firm the House of Representatives. taken into account political, military, concerned. [FR Doc. 04–17067 Filed 7–26–04; 8:45 am] economic, human rights and arms control Sincerely, BILLING CODE 4710–25–P considerations. Paul V. Kelly, More detailed information is contained in Assistant Secretary Legislative Affairs. the formal certification which, though unclassified, contains business information Enclosure: Transmittal No. DDTC 053–04 DEPARTMENT OF TRANSPORTATION submitted to the Department of State by the The Honorable J. Dennis Hastert, Speaker of applicant, publication of which could cause the House of Representatives. Federal Aviation Administration competitive harm to the United States firm June 18, 2004 concerned. Dear Mr. Speaker: Pursuant to Section Notice of Intent To Rule on Transfer of Sincerely, 36(d) of the Arms Export Control Act, I am Airport and Requests To Release Paul V. Kelly, transmitting, herewith, certification of a Airport Property at the North Bend Assistant Secretary Legislative Affairs. proposed manufacturing license agreement Municipal Airport, North Bend, OR Enclosure: Transmittal No. DDTC 043–04 for the manufacture of significant military The Honorable J. Dennis Hastert, Speaker of equipment abroad. AGENCY: Federal Aviation the House of Representatives. The transaction described in the attached Administration (FAA), DOT. certification involves the transfer of technical June 10, 2004 ACTION: Notice of transfer of airport and data, assistance and manufacturing know- request to release airport property. Dear Mr. Speaker: Pursuant to Section how to France for the manufacture of Global 36(c) of the Arms Export Control Act, I am Positioning Satellite (GPS) Guided Munitions SUMMARY: The FAA proposes to rule and transmitting, herewith, certification of a (GGM) for End-Use in France and Germany. invite public comment on the transfer of proposed license for the export of defense The United States Government is prepared the airport and release of land at North articles or defense services sold to license the export of these items having commercially under contract in the amount taken into account political, military, Bend Municipal Airport under the of $50,000,000 or more. economic, human rights and arms control provisions of 49 U.S.C. 47107(h). The transaction contained in the attached considerations. DATES: Comments must be received on certification involves the export of technical More detailed information is contained in or before August 26, 2004. data, defense services and hardware to the formal certification which, though ADDRESSES: Comments on this Sweden for the development, test, supply unclassified, contains business information and integration of two Active Electronically submitted to the Department of State by the application may be mailed or delivered, Scanned Array (AESA) Antenna Subsystems applicant, publication of which could cause by appointment, to the FAA at the for the Swedish NORA III Program. competitive harm to the United States firm following address: Mr. J. Wade Bryant, The United States Government is prepared concerned. Manager, Federal Aviation to license the export of these items having Sincerely, Administration, Northwest Mountain taken into account political, military, Paul V. Kelly, Region, Airports Division, Seattle economic, human rights and arms control Airports District Office, 1601 Lind considerations. Assistant Secretary Legislative Affairs. More detailed information is contained in Enclosure: Transmittal No. DDTC 037–04 Avenue, SW., Suite 250, Renton, the formal certification which, though The Honorable J. Dennis Hastert, Speaker of Washington 98055–4056. unclassified, contains business information the House of Representatives. In addition, one copy of any submitted to the Department of State by the June 24, 2004 comments submitted to the FAA must applicant, publication of which could cause be mailed or delivered to Mr. Gary competitive harm to the United States firm Dear Mr. Speaker: Pursuant to Section LeTellier, Airport Manager, Coos concerned. 36(c) and (d) of the Arms Export Control Act, County Airport District at 2348 I am transmitting, herewith, certification of a Sincerely, proposed manufacturing license agreement Colorado Avenue, North Bend, Oregon Paul V. Kelly, for the manufacture of significant military 97459–2079. Assistant Secretary Legislative Affairs. equipment abroad and the export of defense FOR FURTHER INFORMATION CONTACT: Mr. Enclosure: Transmittal No. DDTC 045–04 articles or defense services in the amount of Dave Roberts, Project Manager, Federal The Honorable J. Dennis Hastert, Speaker of $50,000,000 or more. Aviation Administration, Northwest the House of Representatives. The transaction contained in the attached Mountain Region, Airports Division, June 10, 2004 certification involves the export of technical Seattle Airports District Office, 1601 data and defense services to the Republic of Dear Mr. Speaker: Pursuant to Section Korea for the manufacture of selected Lind Avenue, SW., Suite 250, Renton, 36(c) of the Arms Export Control Act, I am components and the assembly of the Korean Washington 98055–4056. transmitting, herewith, certification of a Electro-Optical Tracking System for End-Use The request to transfer the airport and proposed license for the export of defense by the Republic of Korea Army. release property may be reviewed in articles that are firearms controlled under The United States Government is prepared person at this same location. category I of the United States Munitions List to license the export of these items having SUPPLEMENTARY INFORMATION: sold commercially under a contract in the The FAA taken into account political, military, invites public comment on the request amount of $1,000,000 or more. economic, human rights and arms control The transaction contained in the attached considerations. to transfer the Airport and release certification involves the export of 5,300 More detailed information is contained in property at the North Bend Municipal Model 37 .38 caliber revolvers for use by the the formal certification which, though Airport under the provisions of 49 USC Japanese National Police Agency in Japan. unclassified, contains business information 47107(h). The United States Government is prepared submitted to the Department of State by the On July 2, 2004, the FAA determined to license the export of these items having applicant, publication of which could cause that the request to transfer the Airport taken into account political, military, competitive harm to the United States firm and release property at North Bend economic, human rights and arms control concerned. Municipal Airport submitted by the City considerations. Sincerely, More detailed information is contained in of North Bend and the Coos County the formal certification which, though Paul V. Kelly, Airport District met the procedural unclassified, contains business information Assistant Secretary Legislative Affairs. requirements of the Federal Aviation submitted to the Department of State by the Enclosure: Transmittal No. DDTC 044–04 Airport Compliance Requirements

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Order 5190.6A. The FAA may approve associated noise exposure maps CFR part 150, section 150.33. The the request, in whole or in part, no later submitted under 14 CFR part 150 for primary considerations in the than November 30, 2004. Fort Lauderdale Executive Airport were evaluation process are whether the The following is a brief overview of in compliance with applicable proposed measures may reduce the level the request: The City of North Bend requirements effective February 19, of aviation safety, create an undue Oregon plans to transfer all assets and 2004. The proposed noise compatibility burden on interstate or foreign liabilities associated with the North program will be approved or commerce, or be reasonably consistent Bend Municipal Airport, including disapproved on or before January 16, with obtaining the goal of reducing surplus government land and AIP Grant 2005. existing noncompatible land uses and obligations, to the Coos County Airport EFFECTIVE DATE: The effective date of the preventing the introduction of District. After the transfer, the Coos start of FAA’s review of the associated additional noncompatible land uses. County Airport District will sell 6.92 noise compatibility program is July 20, Interested persons are invited to acres of airport land to the City of North 2004. The public comment period ends comment on the proposed program with Bend. The City’s sewage treatment plant September 20, 2004. specific reference to these factors. All is currently located on this parcel. The FOR FURTHER INFORMATION CONTACT: comments, other than those properly land is non-aeronautical property and Bonnie L. Baskin, Federal Aviation addressed to local land use authorities, will be sold at fair market value with Administration, Orlando Airports will be considered by the FAA to the proceeds used for airport capital District Office, 5950 Hazeltine National extent practicable. Copies of the noise improvement projects. Dr., Suite 400, Orlando Florida 32822, exposure maps, the FAA’s evaluation of Any person may inspect the request (407) 812–6331, Extension 130. the maps, and the proposed noise in person, by appointment, at the FAA Comments on the proposed noise compatibility program are available for office listed above. compatibility program should also be examination at the following locations: FOR FURTHER INFORMATION CONTACT: Mr. submitted to the above office. Federal Aviation Administration, Dave Roberts, Project Manager, Federal SUPPLEMENTARY INFORMATION: This Orlando Airports District Office, 5950 Aviation Administration, Northwest notice announces that the FAA is Hazeltine National Dr., Suite 400, Mountain Region, Airports Division, reviewing a proposed noise Orlando, Florida 32822. Seattle Airports District Office, 1601 compatibility program for Fort Questions may be directed to the Lind Avenue, SW., Suite 250, Renton, Lauderdale Executive Airport which individual named above under the Washington 98055–4056. will be approved or disapproved on or heading, FOR FURTHER INFORMATION In addition, any person may, upon CONTACT. request, inspect the application, notice before January 16, 2005. This notice also and other documents germane to the announces the availability of this Issued in Orlando, Florida July 20, 2004. application in person at North Bend program for public review and W. Dean Stringer, Municipal Airport, 2348 Colorado Ave., comment. Manager, Orlando Airports District Office. An airport operator who has North Bend, OR 97459–2079. [FR Doc. 04–17019 Filed 7–26–04; 8:45 am] submitted noise exposure maps that are Issued in Renton, Washington on July 19, found by FAA to be in compliance with BILLING CODE 4910–13–M 2004. the requirements of Federal Aviation J. Wade Bryant, Regulations (FAR) part 150, DEPARTMENT OF TRANSPORTATION Manager, Seattle Airports District Office. promulgated pursuant to Title I of the [FR Doc. 04–17018 Filed 7–26–04; 8:45 am] Act, may submit a noise compatibility Federal Aviation Administration BILLING CODE 4910–13–M program for FAA approval which sets forth the measures the operator has FAA Approval of Noise Compatibility taken or proposes for the reduction of Program; Lincoln Airport, Lincoln, NE DEPARTMENT OF TRANSPORTATION existing noncompatible uses and for the prevention of the introduction of AGENCY: Federal Aviation Federal Aviation Administration additional noncompatible uses. Administration, DOT. The FAA has formally received the ACTION: Notice. Receipt of Noise Compatibility noise compatibility program for Fort Program and Request for Review; Fort Lauderdale Executive Airport, effective SUMMARY: The Federal Aviation Lauderdale Executive Airport, Fort on July 20, 2004. It was requested that Administration (FAA) announces its Lauderdale, FL the FAA review this material and that findings on the noise compatibility AGENCY: Federal Aviation the noise mitigation measures, to be program submitted by the Lincoln Administration, DOT. implemented jointly by the airport and Airport Authority under the provisions ACTION: Notice. surrounding communities, be approved of 49 U.S.C. (the Aviation Safety and as a noise compatibility program under Noise Abatement Act, hereinafter SUMMARY: The Federal Aviation section 104(b) of the Act. Preliminary referred to as ‘‘the Act’’) and 14 CFR Administration (FAA) announces that it review of the submitted material part 150. These findings are made in is reviewing a proposed noise indicates that it conforms to the recognition of the description of Federal compatibility program that was requirements for the submittal of noise and nonfederal responsibilities in submitted for Fort Lauderdale Executive compatibility programs, but that further Senate Report No. 96–52 (1980). On Airport under the provisions of Title I review will be necessary prior to September 26, 2003, the FAA of the Aviation Safety and Noise approval or disapproval of the program. determined that the noise exposure Abatement Act of 1979 (Pub. L. 96–193) The formal review period, limited by maps submitted by the Lincoln Airport (hereinafter referred to as ‘‘the Act’’) and law to a maximum of 180 days, will be Authority under part 150 were in 14 CFR part 150 by the City of Fort completed on or before January 16, compliance with applicable Lauderdale. This program was 2005. requirements. On June 7, 2004, the FAA submitted subsequent to a The FAA’s detailed evaluation will be approved the Lincoln Airport noise determination by FAA that the conducted under the provisions of 14 compatibility program.

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Seventeen measures were included in commerce, unjustly discriminate against noise control). Failure to approve or the Lincoln Airport Noise Compatibility types or classes of aeronautical uses, disapprove such program within the Plan. Of the seventeen measures, violate the terms of airport grant 180-day period shall be deemed to be an fourteen were approved; one measure agreements, or intrude into areas approval of such program. was approved in part and disapproved preempted by the Federal Government; The submitted program contained five in part for the purposes of part 150; and and Noise Abatement Elements, eight Land two measures were disapproved d. Program measures relating to the Use Management Elements, and four pending submission of addition use of flight procedures can be Program Management Elements. The information. No program elements implemented within the period covered FAA completed its review and relating to new or revised flight by the program without derogating determined that the procedural and procedures for noise abatement were safety, adversely affecting the efficient substantive requirements of the Act and proposed by the airport operator. use and management of the navigable FAR part 150 have been satisfied. The EFFECTIVE DATE: The effective date of the airspace and air traffic control systems, overall program, therefore, was FAA’s approval of the Lincoln Airport or adversely affecting other powers and approved by the FAA effective June 7, noise compatibility program is June 7, responsibilities of the Administrator 2004. 2004. prescribed by law. Outright approval was granted for all Specific limitations with respect to the Land Use Management Elements FOR FURTHER INFORMATION CONTACT: FAA’s approval of an airport noise and Program Management Elements and Mark Schenkelberg, 901 Locust, Kansas compatibility program are delineated in for two of the Noise Abatement City, Missouri, 64106. Documents FAR part 150, section 150.5. Approval Elements. One Noise Abatement reflecting this FAA action may be is not a determination concerning the Element was approved in part and reviewed at this same location. acceptability of land uses under Federal, disapproved in part for purposes of part SUPPLEMENTARY INFORMATION: This state, or local law. Approval does not by 150. Two Noise Abatement Elements notice announces that the FAA has itself constitute an FAA implementing given its overall approval to the noise action. A request for Federal action or were disapproved pending submission compatibility program for Lincoln approval to implement specific noise of additional information to make an Airport, effective June 7, 2004. compatibility measures may be informed analysis. Under section 47504 of the Act, an required, and an FAA decision on the These determinations are set forth in airport operator who has previously request may require an environmental detail in a Record of Approval signed by submitted a noise exposure map may assessment of the proposed action. the FAA Associate Administrator of submit to the FAA a noise compatibility Approval does not constitute a Airports on June 7, 2004. The Record of program which sets forth the measures commitment by the FAA to financially Approval, as well as other evaluation taken or proposed by the airport assist in the implementation of the materials and the documents operator for the reduction of existing program nor a determination that all comprising the submittal, are available non-compatible land uses and measures covered by the program are for review at the FAA office listed above prevention of additional non-compatible eligible for grant-in-aid funding from the and at the administrative offices of the land uses within the area covered by the FAA. Where federal funding is sought, Lincoln Airport. The Record of noise exposure maps. The Act requires requests for project grants must be Approval also will be available on-line such programs to be developed in submitted to the FAA Regional Office in at http://www.faa.gov/arp/ consultation with interested and Kansas City, Missouri. environmental/14cfr150/index14.cfm. affected parties including local Lincoln Airport submitted to the FAA Issued in Central Region, July 15, 2004. communities, governmental agencies, on February 18, 2003, the noise George A. Hendon, airport users, and FAA personnel. exposure maps, descriptions, and other Manager, Airports Division. Each airport noise compatibility documentation produced during the [FR Doc. 04–17020 Filed 7–26–04; 8:45 am] program developed in accordance with noise compatibility planning study Federal Aviation Regulations (FAR) part conducted from February 2002 through BILLING CODE 4910–13–M 150 is a local program, not a Federal February 2003. The Lincoln Airport program. The FAA does not substitute noise exposure maps were determined DEPARTMENT OF TRANSPORTATION its judgment for that of the airport by FAA to be in compliance with proprietor with respect to which applicable requirements on September Federal Aviation Administration measures should be recommended for 26, 2003. Notice of this determination action. The FAA’s approval or was published in the Federal Register Notice of Intent To Rule on Application disapproval of FAR part 150 program on October 8, 2003 (68 FR 58162). 04–11–U–00–MKE To Use the Revenue recommendations is measured The Lincoln Airport study contains a From a Passenger Facility Charge according to the standards expressed in proposed noise compatibility program (PFC) at General Mitchell International part 150 and the Act and is limited to comprised of actions designed for Airport, Milwaukee, WI the following determinations: phased implementation by airport a. The noise compatibility program management and adjacent jurisdictions AGENCY: Federal Aviation was developed in accordance with the from the date of study completion to the Administration (FAA), DOT. provisions and procedures of FAR part year 2009. It was requested that the FAA ACTION: Notice of intent to rule on 150; evaluate and approve this material as a application. b. Program measures are reasonably noise compatibility program as consistent with achieving the goals of described in section 47504 of the Act. SUMMARY: The FAA proposes to rule and reducing existing non-compatible land The FAA began its review of the invites public comment on the uses around the airport and preventing program on December 10, 2003, and was application to use the revenue from a the introduction of additional non- required by a provision of the Act to PFC at General Mitchell International compatible land uses; approve or disapprove the program Airport under the provisions of 49 c. Program measures would not create within 180 days (other than the use of U.S.C. 40117 and part 158 of the Federal an undue burden on interstate or foreign new or modified flight procedures for Aviation Regulations (14 CFR part 158).

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DATES: Comments must be received on and other documents germane to the comment on the application to impose or before August 26, 2004. application in person at the County of and use the revenue from a PFC at the ADDRESSES: Comments on this Milwaukee. Sioux Gateway Airport under the application may be mailed or delivered Issued in Des Plaines, Illinois on July 19, provisions of the Aviation Safety and in triplicate to the FAA at the following 2004. Capacity Expansion Act of 1990 (Title address: Minneapolis Airports District Elliott Black, IX of the Omnibus Budget Office, 6020 28th Avenue South, Room Manager, Planning and Programming Branch, Reconciliation Act of 1990) (Pub. L. 102, Minneapolis, Minnesota 55450. Airports Division, Great Lakes Region. 101–508) and part 158 of the Federal In addition, one copy of any [FR Doc. 04–17017 Filed 7–26–04; 8:45 am] Aviation Regulations (14 CFR part 158). On July 19, 2004, the FAA determined comments submitted to the FAA must BILLING CODE 4910–13–M be mailed or delivered to C. Barry that the application to impose and use Bateman, Airport Director of the General the revenue from a PFC submitted by Mitchell International Airport, DEPARTMENT OF TRANSPORTATION the Sioux Gateway Airport, Sioux City Milwaukee, Wisconsin at the following Iowa, was substantially complete within address: 5300 South Howell Avenue, Federal Aviation Administration the requirements of section 158.25 of Milwaukee, Wisconsin 53207–6189. Part 158. The FAA will approve or Air carriers and foreign air carriers Notice of Intent To Rule on Application disapprove the application, in whole or may submit copies of written comments No. 04–04–C–00–SUX To Impose and in part, no later than November 12, previously provided to the County of Use the Revenue From a Passenger 2004. Milwaukee under section 158.23 of part Facility Charge (PFC) at Sioux Gateway The following is a brief overview of 158. Airport, Sioux City, IA the application. FOR FURTHER INFORMATION CONTACT: Level of the proposed PFC: $4.50. AGENCY: Federal Aviation Proposed charge effective date: Sandra E. DePottey, Program Manager, Administration (FAA), DOT. Minneapolis Airports District Office, November, 2004. ACTION: Notice of Intent to Rule on 6020 28th Avenue South, Room 102, Proposed charge expiration date: Application. Minneapolis, Minnesota 55450, 612– May, 2006. Total estimated PFC revenue: 713–4363. The application may be SUMMARY: The FAA proposes to rule and $258,095. reviewed in person at this same invites public comment on the location. Brief description of proposed application to impose and use the project(s): Rehabilitate Taxiway Bravo; SUPPLEMENTARY INFORMATION: The FAA revenue from a PFC at Sioux Gateway Reconstruct Taxiway Charlie, the air proposes to rule and invites public Airport under the provisions of the carrier ramp, Taxiway Alpha (south), comment on the application to use the Aviation Safety and Capacity Expansion and Taxiway Echo; update the airport revenue from a PFC at General Mitchell Act of 1990 (Title IX of the Omnibus master plan, and replace a snow plow. International Airport under the Budget Reconciliation Act of 1990) Any person may inspect the provisions of 49 U.S.C. 40117 and part (Pub. L. 101–508) and part 158 of the application in person at the FAA office 158 of the Federal Aviation Regulations Federal Aviation Regulations (14 CFR listed above under FOR FURTHER (14 CFR part 158). part 158). INFORMATION CONTACT. On July 8, 2004 the FAA determined DATES: Comments must be received on In addition, any person may, upon that the application to use the revenue or before August 26, 2004. request, inspect the application, notice from a PFC submitted by the County of ADDRESSES: Comments on this and other documents germane to the Milwaukee was substantially complete application may be mailed or delivered application in person at the Sioux within the requirements of section in triplicate to the FAA at the following Gateway Airport. 158.25 of part 158. The FAA will address: Federal Aviation approve or disapprove the application, Issued in Kansas City, Missouri on July 19, Administration, Central Region, 2004. in whole or in part, no later than Airports Division, 901 Locus, Kansas October 13, 2004. Michael J. Faltermeier, City, MO 64106. Acting Manager, Airports Division, Central The following is a brief overview of In addition, one copy of any the application. Region. comments submitted to the FAA must [FR Doc. 04–17021 Filed 7–26–04; 8:45 am] Level of the PFC: $3.00. be mailed delivered to Mr. Glenn S. BILLING CODE 4910–13–M Actual charge effective date: March 1, Januska, Airport Director, Sioux 2017. Gateway Airport, at the following Estimated charge expiration date: address: Sioux Gateway Airport/Col. DEPARTMENT OF TRANSPORTATION September 1, 2017. Bud Day Field, 2403 Aviation Total approved PFC revenue: Boulevard, Sioux City, Iowa 51111. Federal Transit Administration $825,000. Air carriers and foreign air carriers Brief description of proposed project: may submit copies of written comments FTA Fiscal Year 2004 Apportionments, E concourse aircraft ramp. previously provided to the Sioux Allocations and Program Information; Class or classes of air carriers, which Gateway Airport, under § 158.23 of part Notice of Supplemental Information the public agency has requested, not be 158. and Corrections required to collect PFCs: Air taxi/ commercial operators filing FAA form FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Transit Administration 1800–31. Lorna Sandridge, PFC Program Manager, (FTA), DOT. FAA, Central Region, 901 Locust, Any person may inspect the ACTION: Notice. application in person at the FAA office Kansas City, MO 64106 (816) 329–2641. listed above under FOR FURTHER The application may be reviewed in SUMMARY: This notice announces that INFORMATION CONTACT. person at this same location. FTA will make available the entire In addition, any person may, upon SUPPLEMENTARY INFORMATION: The FAA amount of the annual apportionments request, inspect the application, notice proposes to rule and invites public and allocations when Congress extends

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the transit program authorization I. Funds Available for Obligation FTA failed to include two projects that through September 30, 2004. The The ‘‘Surface Transportation Congress designated to receive annual Surface Transportation Extension Act of Extension Act of 2004, Part III’’ (Pub. L. funding in TEA–21 and its subsequent 2004, Part III (Pub. L. 108–263) 108–263) was signed into law by extensions: the Altoona Bus Testing extended transit programs only through President Bush on June 30, 2004. The Facility, and the fuel cell bus project July 31, 2004. FTA has published three Act provides an extension of programs conducted by Georgetown University. previous documents identifying total funded under the Transportation Equity These projects were not listed in the annual apportionments and funds Act for the 21st Century (TEA–21), conference report accompanying the available for obligation based on pending enactment of a law Consolidated Appropriations Act, 2004, extensions of the authorization through reauthorizing TEA–21, and provides but should have been included in the February 29, April 30, and June 30, available funding for transit programs allocation of funds under the FY 2004 2004. The previously announced from October 1, 2003, through July 31, bus and bus-related program. The available allocations remain available. 2004. addition of these two projects to FY This notice also identifies reductions to Due to the short duration of the 2004 bus and bus-related projects and the previously published fiscal year extension, and because Congress is activities to which the appropriated (FY) 2004 full year bus and bus-related expected to make the remainder of the funds must be distributed results in a allocations to correct an administrative annual funding available after July 31, reduction to the annual allocation for FTA is not making additional funding error. each of the other projects. FTA regrets available for immediate obligation at any inconvenience resulting from this FOR FURTHER INFORMATION CONTACT: The this time. The available amounts necessary administrative correction. appropriate FTA Regional published in the supplemental Federal When the full year allocation becomes Administrator (see list at end of notice: Register notice on June 3, 2004, remain available for obligation, it will be at the note change of contact information for available. The tables are posted on the reduced level listed in the Revised Region 8) or Mary Martha Churchman, FTA Web site at [http:// _ _ Table 9 in this Notice. Director, Office of Resource www.fta.dot.gov/25 ENG HTML.htm], Management and State Programs, (202) together with that notice, and have been Issued on: July 21, 2004. 366–2053. distributed to grantees by each FTA Jennifer L. Dorn, Regional Office. Administrator. ADDRESSES: Address, telephone, and II. Changes to Bus and Bus-Related facsimile information for the FTA BILLING CODE 4910–57–P Project Allocations Regional Offices is listed at the end of this notice in Appendix A. In the previously published tables of FY 2004 bus and bus-related projects,

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Appendix A—FTA Regional Offices approval. The nature of the information Issued in Washington, DC, on July 21, 2004. Region 1 collection is described as well as its expected burden. The Federal Register Joel C. Richard, Richard H. Doyle, Regional Administrator, Notice with a 60-day comment period Secretary, Maritime Administration. Cambridge, MA 02142–1093, Tel. 617– 494–2055, Fax 617–494–2865. soliciting comments on the following [FR Doc. 04–17004 Filed 7–26–04; 8:45 am] collection of information was published BILLING CODE 4910–81–P Region 2 on April 16, 2004. No comments were Letitia Thompson, Regional Administrator, received. New York, NY 10004–1415, Tel. No. 212– DATES: Comments must be submitted on DEPARTMENT OF TRANSPORTATION 668–2170, Fax 212–668–2136. or before August 26, 2004. Maritime Administration Region 3 FOR FURTHER INFORMATION CONTACT: Joe Herman Shipman, Deputy Regional Strassburg, Maritime Administration, [Docket No. 2004–18686] Administrator, Philadelphia, PA 19103– 400 7th Street, SW., Washington, DC Requested Administrative Waiver of 4124, Tel. 215–656–7100, Fax 215–656– 20590. Telephone: (202) 366–4156; the Coastwise Trade Laws 7100. FAX: (202) 366–7901; or e-mail: Region 4 [email protected]. Copies of AGENCY: Maritime Administration, Hiram J. Walker, Regional Administrator, this collection also can be obtained from Department of Transportation. Atlanta, GA 30303, Tel. 404–562–3500, Fax that office. ACTION: Invitation for public comments 404–562–3505. SUPPLEMENTARY INFORMATION: Maritime on a requested administrative waiver of Region 5 Administration (MARAD). the Coastwise Trade Laws for the vessel Title: War Risk Insurance. BITE ME. Joel P. Ettinger, Regional Administrator, OMB Control Number: 2133–0011. Chicago, IL 60606, Tel. 312–353–2789, Fax SUMMARY: As authorized by Public Law Type of Request: Extension of 312–886–0351. 105–383 and Public Law 107–295, the currently approved collection. Secretary of Transportation, as Region 6 Affected Public: Vessel owners or Robert C. Patrick, Regional Administrator, represented by the Maritime charterers interested in participating in Administration (MARAD), is authorized Fort Worth, TX 76102, Tel. 817–978–0550, MARAD’s war risk insurance program. Fax 817–978–0575. to grant waivers of the U.S.-build Forms: MA–355; MA–528; MA–742; requirement of the coastwise laws under Region 7 MA–828, and MA–942. certain circumstances. A request for Mokhtee Ahmad, Regional Administrator, Abstract: As authorized by Section such a waiver has been received by Kansas City, MO 64106, Tel. 816–329– 1202, Title XII, Merchant Marine Act, MARAD. The vessel, and a brief 3920, Fax 816–329–3921. 1936, as amended, the Secretary of the description of the proposed service, is Region 8 U.S. Department of Transportation may listed below. The complete application provide war risk insurance adequate for is given in DOT docket 2004–18686 at Lee O. Waddleton, Regional Administrator, the needs of the waterborne commerce Denver, CO 80228–2583, Tel. 720–963– http://dms.dot.gov. Interested parties 3300, Fax 720–963–3333. of the United States if such insurance may comment on the effect this action cannot be obtained on reasonable terms may have on U.S. vessel builders or Region 9 from qualified insurance companies businesses in the U.S. that use U.S.-flag Leslie T. Rogers, Regional Administrator, San operating in the United States. This vessels. If MARAD determines, in Francisco, CA 94105–1926, Tel. 415–744– collection is required for the program. accordance with Public Law 105–383 3133, Fax 414–744–2726. Annual Estimated Burden Hours: 768 and MARAD’s regulations at 46 CFR Region 10 hours. part 388 (68 FR 23084; April 30, 2003), Rick Krochalis, Regional Administrator, ADDRESSES: Send comments to the that the issuance of the waiver will have Seattle, WA 98174–1002, Tel. 206–220– Office of Information and Regulatory an unduly adverse effect on a U.S.- 7954, Fax 206–220–7959. Affairs, Office of Management and vessel builder or a business that uses [FR Doc. 04–17022 Filed 7–26–04; 8:45 am] Budget, 725 17th Street, NW., U.S.-flag vessels in that business, a Washington, DC 20503, Attention: waiver will not be granted. Comments BILLING CODE 4910–57–C MARAD Desk Officer. should refer to the docket number of Comments are invited on: Whether this notice and the vessel name in order DEPARTMENT OF TRANSPORTATION the proposed collection of information for MARAD to properly consider the is necessary for the proper performance comments. Comments should also state Maritime Administration of the functions of the agency, including the commenter’s interest in the waiver whether the information will have application, and address the waiver Reports, Forms and Recordkeeping practical utility; the accuracy of the criteria given in § 388.4 of MARAD’s Requirements; Agency Information agency’s estimate of the burden of the regulations at 46 CFR part 388. Collection Activity Under OMB Review proposed information collection; ways DATES: Submit comments on or before to enhance the quality, utility and AGENCY: Maritime Administration, DOT. August 26, 2004. clarity of the information to be ADDRESSES: Comments should refer to ACTION: Notice and request for collected; and ways to minimize the comments. docket number MARAD–2004 18686. burden of the collection of information Written comments may be submitted by SUMMARY: In compliance with the on respondents, including the use of hand or by mail to the Docket Clerk, Paperwork Reduction Act of 1995 (44 automated collection techniques or U.S. DOT Dockets, Room PL–401, U.S.C. 3501 et seq.), this notice other forms of information technology. Department of Transportation, 400 7th announces that the Information A comment to OMB is best assured of St., SW., Washington, DC 20590–0001. Collection abstracted below has been having its full effect if OMB receives it You may also send comments forwarded to the Office of Management within 30 days of publication. electronically via the Internet at http:// and Budget (OMB) for review and Authority: 49 CFR 1.66. dmses.dot.gov/submit/. All comments

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will become part of this docket and will builder or a business that uses U.S.-flag the Coastwise Trade Laws for the vessel be available for inspection and copying vessels in that business, a waiver will PANIC. at the above address between 10 a.m. not be granted. Comments should refer and 5 p.m., e.t., Monday through Friday, to the docket number of this notice and SUMMARY: As authorized by Public Law except Federal holidays. An electronic the vessel name in order for MARAD to 105–383 and Public Law 107–295, the version of this document and all properly consider the comments. Secretary of Transportation, as documents entered into this docket is Comments should also state the represented by the Maritime available on the World Wide Web at commenter’s interest in the waiver Administration (MARAD), is authorized http://dms.dot.gov. application, and address the waiver to grant waivers of the U.S.-build FOR FURTHER INFORMATION CONTACT: criteria given in § 388.4 of MARAD’s requirement of the coastwise laws under Michael Hokana, U.S. Department of regulations at 46 CFR part 388. certain circumstances. A request for Transportation, Maritime DATES: Submit comments on or before such a waiver has been received by Administration, MAR–830 Room 7201, August 26, 2004. MARAD. The vessel, and a brief description of the proposed service, is 400 Seventh Street, SW., Washington, ADDRESSES: Comments should refer to listed below. The complete application DC 20590. Telephone 202–366–0760. docket number MARAD–2004–18689. is given in DOT docket 2004–18687 at SUPPLEMENTARY INFORMATION: As Written comments may be submitted by http://dms.dot.gov. Interested parties described by the applicant the intended hand or by mail to the Docket Clerk, may comment on the effect this action service of the vessel BITE ME is: U.S. DOT Dockets, Room PL–401, may have on U.S. vessel builders or Intended Use: Commercial Charter Department of Transportation, 400 7th businesses in the U.S. that use U.S.-flag Boat fishing in Lake Erie 6 passenger or St., SW., Washington, DC 20590–0001. vessels. If MARAD determines, in less. You may also send comments accordance with Public Law 105–383 Geographic Region: Lake Erie, Port electronically via the Internet at http:// and MARAD’s regulations at 46 CFR Clinton, OH. dmses.dot.gov/submit/. All comments part 388 (68 FR 23084; April 30, 2003), will become part of this docket and will Dated: July 21, 2004. that the issuance of the waiver will have be available for inspection and copying By order of the Maritime Administrator. an unduly adverse effect on a U.S.- at the above address between 10 a.m. Joel C. Richard, vessel builder or a business that uses and 5 p.m., e.t., Monday through Friday, Secretary, Maritime Administration. U.S.-flag vessels in that business, a except federal holidays. An electronic [FR Doc. 04–17005 Filed 7–26–04; 8:45 am] waiver will not be granted. Comments version of this document and all BILLING CODE 4910–81–P should refer to the docket number of documents entered into this docket is this notice and the vessel name in order available on the World Wide Web at for MARAD to properly consider the http://dms.dot.gov. DEPARTMENT OF TRANSPORTATION comments. Comments should also state FOR FURTHER INFORMATION CONTACT: the commenter’s interest in the waiver Maritime Administration Michael Hokana, U.S. Department of application, and address the waiver [Docket Number: 2004–18689] Transportation, Maritime criteria given in § 388.4 of MARAD’s Administration, MAR–830 Room 7201, regulations at 46 CFR part 388. Requested Administrative Waiver of 400 Seventh Street, SW., Washington, DATES: Submit comments on or before the Coastwise Trade Laws DC 20590. Telephone 202–366–0760. August 26, 2004. SUPPLEMENTARY INFORMATION: As AGENCY: Maritime Administration, described by the applicant, the intended ADDRESSES: Comments should refer to Department of Transportation. service of the vessel DOLPHIN docket number MARAD–2004 18687. ACTION: Invitation for public comments WATCHER is: Written comments may be submitted by on a requested administrative waiver of Intended Use: Private charter, nature hand or by mail to the Docket Clerk, the Coastwise Trade Laws for the vessel and sightseeing cruises. U.S. DOT Dockets, Room PL–401, DOLPHIN WATCHER. Geographic Region: The Gulf of Department of Transportation, 400 7th Mexico including the coastal and inland St., SW., Washington, DC 20590–0001. SUMMARY: As authorized by Pub. L. 105– waterways of the Gulf. You may also send comments 383 and Pub. L. 107–295, the Secretary electronically via the Internet at http:// Dated: July 21, 2004. of Transportation, as represented by the dmses.dot.gov/submit/. All comments Maritime Administration (MARAD), is By order of the Maritime Administrator. will become part of this docket and will authorized to grant waivers of the U.S.- Joel C. Richard, be available for inspection and copying build requirement of the coastwise laws Secretary, Maritime Administration. at the above address between 10 a.m. under certain circumstances. A request [FR Doc. 04–17008 Filed 7–26–04; 8:45 am] and 5 p.m., e.t., Monday through Friday, for such a waiver has been received by BILLING CODE 4910–81–P except Federal holidays. An electronic MARAD. The vessel, and a brief version of this document and all description of the proposed service, is documents entered into this docket is listed below. The complete application DEPARTMENT OF TRANSPORTATION available on the World Wide Web at is given in DOT docket 2004–18689 at http://dms.dot.gov. http://dms.dot.gov. Interested parties Maritime Administration FOR FURTHER INFORMATION CONTACT: may comment on the effect this action [Docket No. 2004–18687] may have on U.S. vessel builders or Michael Hokana, U.S. Department of Transportation, Maritime businesses in the U.S. that use U.S.-flag Requested Administrative Waiver of Administration, MAR–830 Room 7201, vessels. If MARAD determines, in the Coastwise Trade Laws accordance with Pub. L. 105–383 and 400 Seventh Street, SW., Washington, MARAD’s regulations at 46 CFR part AGENCY: Maritime Administration, DC 20590. Telephone 202–366–0760. 388 (68 FR 23084; April 30, 2003), that Department of Transportation. SUPPLEMENTARY INFORMATION: As the issuance of the waiver will have an ACTION: Invitation for public comments described by the applicant the intended unduly adverse effect on a U.S.-vessel on a requested administrative waiver of service of the vessel PANIC is:

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Intended Use: ‘‘Sailing and fishing Department of Transportation, 400 7th MARAD’s regulations at 46 CFR part charters.’’ St., SW., Washington, DC 20590–0001. 388 (68 FR 23084; April 30, 2003), that Geographic Region: ‘‘Great Lakes, East You may also send comments the issuance of the waiver will have an Coast U.S., Florida.’’ electronically via the Internet at http:// unduly adverse effect on a U.S.-vessel Dated: July 21, 2004. dmses.dot.gov/submit/. All comments builder or a business that uses U.S.-flag By order of the Maritime Administrator. will become part of this docket and will vessels in that business, a waiver will be available for inspection and copying not be granted. Comments should refer Joel C. Richard, at the above address between 10 a.m. to the docket number of this notice and Secretary, Maritime Administration. and 5 p.m., e.t., Monday through Friday, the vessel name in order for MARAD to [FR Doc. 04–17007 Filed 7–26–04; 8:45 am] except Federal holidays. An electronic properly consider the comments. BILLING CODE 4910–81–P version of this document and all Comments should also state the documents entered into this docket is commenter’s interest in the waiver available on the World Wide Web at application, and address the waiver DEPARTMENT OF TRANSPORTATION http://dms.dot.gov. criteria given in § 388.4 of MARAD’s Maritime Administration FOR FURTHER INFORMATION CONTACT: regulations at 46 CFR part 388. Michael Hokana, U.S. Department of DATES: Submit comments on or before [Docket No. 2004–18688] Transportation, Maritime August 26, 2004. Requested Administrative Waiver of Administration, MAR–830 Room 7201, ADDRESSES: Comments should refer to the Coastwise Trade Laws 400 Seventh Street, SW., Washington, docket number MARAD–2001–18691. DC 20590. Telephone 202–366–0760. Written comments may be submitted by AGENCY: Maritime Administration, SUPPLEMENTARY INFORMATION: As hand or by mail to the Docket Clerk, Department of Transportation. described by the applicant the intended U.S. DOT Dockets, Room PL–401, ACTION: Invitation for public comments service of the vessel RHUMB PUNCH is: Department of Transportation, 400 7th on a requested administrative waiver of Intended Use: ‘‘Training (Boat St., SW., Washington, DC 20590–0001. the Coastwise Trade Laws for the vessel Handling, Navigational, Seamanship), You may also send comments RHUMB PUNCH. fishing.’’ electronically via the Internet at http:// Geographic Region: ‘‘California.’’ dmses.dot.gov/submit/. All comments SUMMARY: As authorized by Public Law will become part of this docket and will 105–383 and Public Law 107–295, the Dated: July 21, 2004. be available for inspection and copying Secretary of Transportation, as By order of the Maritime Administrator. at the above address between 10 a.m. represented by the Maritime Joel C. Richard, and 5 p.m., e.t., Monday through Friday, Administration (MARAD), is authorized Secretary, Maritime Administration. except federal holidays. An electronic to grant waivers of the U.S.-build [FR Doc. 04–17006 Filed 7–26–04; 8:45 am] version of this document and all requirement of the coastwise laws under BILLING CODE 4910–81–P documents entered into this docket is certain circumstances. A request for available on the World Wide Web at such a waiver has been received by http://dms.dot.gov. MARAD. The vessel, and a brief DEPARTMENT OF TRANSPORTATION 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 2004–18688 at [Docket Number: 2004–18691] Transportation, Maritime 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 AGENCY: Maritime Administration, vessels. If MARAD determines, in described by the applicant the intended Department of Transportation. accordance with Public Law 105–383 service of the vessel and MARAD’s regulations at 46 CFR ACTION: Invitation for public comments SEANAGHI is: part 388 (68 FR 23084; April 30, 2003), on a requested administrative waiver of Intended Use: ‘‘Passenger Coastline that the issuance of the waiver will have the Coastwise Trade Laws for the vessel tours plus recreation.’’ an unduly adverse effect on a U.S.- SEANAGHI. Geographic Region: ‘‘Gulf of Maine.’’ vessel builder or a business that uses SUMMARY: As authorized by Pub. L. 105– Dated: July 21, 2004. U.S.-flag vessels in that business, a 383 and Pub. L. 107–295, the Secretary By order of the Maritime Administrator. waiver will not be granted. Comments of Transportation, as represented by the Joel C. Richard, should refer to the docket number of Maritime Administration (MARAD), is Secretary, Maritime Administration. this notice and the vessel name in order authorized to grant waivers of the U.S.- for MARAD to properly consider the [FR Doc. 04–17003 Filed 7–26–04; 8:45 am] build requirement of the coastwise laws BILLING CODE 4910–81–P comments. Comments should also state under certain circumstances. A request the commenter’s interest in the waiver for such a waiver has been received by application, and address the waiver MARAD. The vessel, and a brief DEPARTMENT OF TRANSPORTATION criteria given in § 388.4 of MARAD’s description of the proposed service, is regulations at 46 CFR part 388. listed below. The complete application Maritime Administration DATES: Submit comments on or before is given in DOT docket 2004–18691 at August 26, 2004. http://dms.dot.gov. Interested parties [Docket No. 2004–18690] ADDRESSES: Comments should refer to may comment on the effect this action Requested Administrative Waiver of docket number MARAD–2004 18688. may have on U.S. vessel builders or the Coastwise Trade Laws Written comments may be submitted by businesses in the U.S. that use U.S.-flag hand or by mail to the Docket Clerk, vessels. If MARAD determines, in AGENCY: Maritime Administration, U.S. DOT Dockets, Room PL–401, accordance with Pub. L. 105–383 and Department of Transportation.

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ACTION: Invitation for public comments Intended Use: Yacht Charter. petition from GM for an exemption from on a requested administrative waiver of Geographic Region: East and West the parts-marking requirements of the the Coastwise Trade Laws for the vessel Coast of U.S. and U.S. Virgin Islands, vehicle theft prevention standard for the Titan XIV. excluding Southeastern Alaska and Buick Regal vehicle line beginning with Washington State. the 1996 model year (See 60 FR 25938). SUMMARY: As authorized by Pub. L. 105– Dated: July 21, 2004. On March 19, 2004, GM submitted a 383 and Pub. L. 107–295, the Secretary petition to modify an exemption of its By order of the Maritime Administrator. of Transportation, as represented by the existing MY 1987 antitheft device. GM’s Maritime Administration (MARAD), is Joel C. Richard, submission is a complete petition, as authorized to grant waivers of the U.S.- Secretary, Maritime Administration. required by 49 CFR Part 543.9(d), in that build requirement of the coastwise laws [FR Doc. 04–17009 Filed 7–26–04; 8:45 am] it meets the general requirements under certain circumstances. A request BILLING CODE 4910–81–P contained in 49 CFR Part 543.5 and the for such a waiver has been received by specific content requirements of 49 CFR MARAD. The vessel, and a brief Part 543.6. GM’s petition provides a description of the proposed service, is DEPARTMENT OF TRANSPORTATION detailed description of the identity, listed below. The complete application design and location of the components National Highway Traffic Safety is given in DOT docket 2004–1860 at of the antitheft system proposed for Administration http://dms.dot.gov. Interested parties installation beginning with the 2005 may comment on the effect this action Petition To Modify an Exemption of a model year. may have on U.S. vessel builders or Previously Approved Antitheft Device; GM’s petition also informed the businesses in the U.S. that use U.S.-flag General Motors Corporation agency of its planned nameplate change vessels. If MARAD determines, in for the Buick Regal to the Buick accordance with Pub. L. 105–383 and AGENCY: National Highway Traffic LaCrosse nameplate beginning with the MARAD’s regulations at 46 CFR Part Safety Administration (NHTSA) 2005 model year. GM stated that the 388 (68 FR 23084; April 30, 2003), that Department of Transportation (DOT). vehicle will continue to be built on the the issuance of the waiver will have an ACTION: Grant of a petition to modify an existing ‘‘W’’ car platform from which unduly adverse effect on a U.S.-vessel exemption from the Parts Marking the Buick Century/Regal line is builder or a business that uses U.S.-flag Requirements of a previously approved currently built. vessels in that business, a waiver will antitheft device. The current antitheft device (‘‘PASS- not be granted. Comments should refer Key II’’) installed on the Buick Century/ to the docket number of this notice and SUMMARY: On May 15, 1995, this agency Regal line utilizes an ignition key, an the vessel name in order for MARAD to granted in full General Motors ignition lock cylinder and a decoder properly consider the comments. Corporation’s (GM) petition for module and is passively activated. Comments should also state the exemption from the parts-marking Before the vehicle can be operated, a commenter’s interest in the waiver requirements of the vehicle theft key whose shank contains the correct application, and address the waiver prevention standard for the Buick Regal electrical resistance of the key must be criteria given in § 388.4 of MARAD’s vehicle line. This notice grants in full inserted in the ignition. The resistance regulations at 46 CFR Part 388. GM’s petition to modify the exemption value measured in the key pellet is DATES: Submit comments on or before of the previously approved antitheft compared to a fixed resistance in the August 26, 2004. device for that line. NHTSA is granting vehicle’s decoder module. If the key pellet’s resistance matches that in the ADDRESSES: Comments should refer to GM’s petition to modify the exemption decoder module, the starter enable relay docket number MARAD–2004–18690. because it has determined, based on is energized and a signal is transmitted Written comments may be submitted by substantial evidence, that the modified to the engine control module (ECM). hand or by mail to the Docket Clerk, antitheft device described in GM’s Recognition of that signal by the ECM U.S. DOT Dockets, Room PL–401, petition to be placed on the vehicle line permits fuel to flow. If a key other than Department of Transportation, 400 7th as standard equipment, is likely to be as the one with proper resistance for the St., SW., Washington, DC 20590–0001. effective in reducing and deterring vehicle is inserted, the decoder module You may also send comments motor vehicle theft as compliance with will shut down for three minutes plus electronically via the Internet at http:// the parts-marking requirements. This notice also acknowledges GM’s or minus eighteen seconds. dmses.dot.gov/submit/. All comments In GM’s petition to modify the will become part of this docket and will notification that the nameplate for the Buick Regal vehicle line will be changed exemption, it stated that for MY 2005, be available for inspection and copying the Buick Regal/LaCrosse vehicle line at the above address between 10 a.m. to the Buick LaCrosse vehicle line beginning with model year (MY) 2005. will be equipped with the PASS-Key III and 5 p.m., E.T., Monday through theft deterrent system. The PASS-Key III Friday, except federal holidays. An DATES: The exemption granted by this will continue to provide protection electronic version of this document and notice is effective beginning with model against unauthorized starting and all documents entered into this docket year (MY) 2005. fueling of the vehicle engine. is available on the World Wide Web at FOR FURTHER INFORMATION CONTACT: Ms. Components of the modified antitheft http://dms.dot.gov. Rosalind Proctor, Office of International device include an electronically coded FOR FURTHER INFORMATION CONTACT: Policy, Fuel Economy and Consumer ignition key, body control module and Michael Hokana, U.S. Department of Programs, NHTSA, 400 Seventh Street, engine control module. The PASS-Key Transportation, Maritime SW., Washington, DC 20590. Ms. III system uses a special ignition key Administration, MAR–830 Room 7201, Proctor’s telephone number is (202) and decoder module. The conventional 400 Seventh Street, SW., Washington, 366–0846. Her fax number is (202) 493– mechanical code of the key unlocks and DC 20590. Telephone 202–366–0760. 2290. releases the transmission lever. The SUPPLEMENTARY INFORMATION: As SUPPLEMENTARY INFORMATION: On May ignition key contains electronics described by the applicant the intended 15, 1995, NHTSA published in the molded into the key head. These service of the vessel Titan XIV is: Federal Register a notice granting a electronics receive energy from the

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controller module. Upon energization, humidity frost, salt fog, flammability, unauthorized entrants; and ensuring the the key will transmit its unique code via altitude, drop, shock, random vibration, reliability and durability of the device. low frequency transmission. The dust, potential contaminants, connector NHTSA suggests that if the controller module translates the low retention/strain relief, terminal manufacturer contemplates making any frequency signal received from the key retention, connector insertion, crush, changes the effects of which might be into a digital signal and transmits the ice, immersion and tumbling. characterized as de minimis, it should signal to the Body Control Module GM compared the MY 2005 device consult the agency before preparing and (BCM). The BCM compares the received with devices which NHTSA has already submitting a petition to modify. signal to an internally stored value. If determined to be as effective in Authority: 49 U.S.C. 33106; delegation of the values match, the key is recognized reducing and deterring motor vehicle authority at 49 CFR 1.50. as valid, and a Vehicle Security theft as would compliance with the Issued on: July 21, 2004. Password, is transmitted via serial data parts-marking requirements. To Stephen R. Kratzke, link to the ECM to enable fuel and substantiate its beliefs as to the starting. If an invalid key code is effectiveness of the new device, GM Associate Administrator for Rulemaking. received, the BCM will send a disable compared the MY 2005 modified device [FR Doc. 04–17023 Filed 7–26–04; 8:45 am] password to the ECM and starting, to its ‘‘PASS-Key’’-like systems. GM BILLING CODE 4910–59–P ignition, and fuel will be inhibited. The indicated that the theft rates, as reported PASS-Key III system will provide by the Federal Bureau of Investigation’s DEPARTMENT OF TRANSPORTATION protection against unauthorized starting National Crime Information Center, are and fueling of the vehicle engine. The lower for GM models equipped with the antitheft device is designed to be active National Highway Traffic Safety ‘‘PASS-Key’’-like systems which have Administration at all times without direct intervention exemptions from the parts-marking by the vehicle operator. No intentionally requirements of 49 CFR Part 541, than [Docket No. NHTSA–2004–17339] specific or discrete security system the theft rates for earlier models with action is necessary to achieve similar appearance and construction Data Integrated Project Team (IPT) protection. The system is fully which were parts-marked. Based on the Report functional (armed) immediately after the performance of the PASS-Key, PASS- AGENCY: National Highway Traffic vehicle has been turned off. Key II, and PASS-Key III systems on GM stated that its modified antitheft Safety Administration (NHTSA), DOT. other GM models, and the advanced ACTION: Request for comments. device does not provide any visible or technology utilized by the modification, audible indication of unauthorized GM believes that the MY 2005 modified SUMMARY: This notice announces the entry by means of flashing vehicle lights antitheft device will be more effective in availability of a planning document or sounding of the horn. To substantiate deterring theft than the parts-marking describing the agency’s current and its belief that an alarm system is not a requirements of 49 CFR Part 541. planned activities and necessary feature to effectively deter the recommendations to improve traffic theft of a vehicle, GM compared the On the basis of this comparison, GM safety data. The agency is seeking public reduction in theft rates of Chevrolet believes that the antitheft system (PASS- review and comment on the document. Corvettes using a passive theft deterrent Key III) for model years 2005 and later system (‘‘VATS/PASS-Key’’) along with will provide essentially the same DATES: Comments must be received no an audible/visible alarm system to the functions and features as found on its later than September 10, 2004. reduction in theft rates for Chevrolet MY 1987–2004 system and therefore, its ADDRESSES: Interested persons may Camaro and Pontiac Firebird vehicles modified system will provide at least obtain a copy of the plan by equipped with a passive theft-deterrent the same level of theft prevention as downloading a copy of the document system (‘‘PASS-Key’’) without an alarm. parts-marking. GM believes that the from the Docket Management System, GM finds that the lack of an alarm or antitheft system proposed for U.S. Department of Transportation, at attention attracting device does not installation on its MY 2005 Buick Regal/ the address provided below, or from compromise the theft deterrent LaCrosse vehicle line is likely to be as NHTSA’s Web site at http:// performance of a system such as the effective in reducing thefts as www.nhtsa.dot.gov. Alternatively, modified antitheft device system. Based compliance with the parts-marking interested persons may obtain a copy of on the declining theft rate experience of requirements of Part 541. the document by contacting the agency other vehicles equipped with devices The agency has evaluated GM’s MY officials listed in the section titled, ‘‘For that do not have an audio or visual 2005 petition to modify the exemption Further Information Contact,’’ alarm for which NHTSA has already for the Buick Regal/LaCrosse vehicle immediately below. exempted from the parts-marking line from the parts-marking Submit written comments to the requirements, the agency has concluded requirements of 49 CFR Part 541, and Docket Management System, U.S. that the absence of a visual or audio has decided to grant it. It has Department of Transportation, PL 401, alarm has not prevented these antitheft determined that the PASS-Key III 400 Seventh Street, SW., Washington, devices from being effective protection system is likely to be as effective as DC 20590–0001. Comments should refer against theft. parts-marking in preventing and to the Docket Number (NHTSA–2004– In order to ensure the reliability and deterring theft of these vehicles, and 17339) and be submitted in two copies. durability of the device, GM conducted therefore qualifies for an exemption If you wish to receive confirmation of tests based on its own specified under 49 CFR Part 543. The agency receipt of your written comments, standards. GM provided a detailed list believes that the modified device will include a self-addressed, stamped of tests conducted and believes that its continue to provide four of the five postcard. device is reliable and durable since the types of performance listed in Section Comments may also be submitted to device complied with its specified 543.6(b)(3): promoting activation; the docket electronically by logging onto requirements for each test. The tests preventing defeat or circumventing of the Docket Management System Web conducted included high and low the device by unauthorized persons; site at http://dms.dot.gov. Click on temperature storage, thermal shock, preventing operation of the vehicle by ‘‘Help & Information’’ to obtain

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instructions for filing comments the best methods for obtaining the • Safety Belt Use—NHTSA–2003– electronically. In every case, the information needed to promote traffic 14620; comment should refer to the docket safety and to identify how data could be • Impaired Driving—NHTSA–2003– number (NHTSA–2004–17339). improved to address the increasing 14621; The Docket Management System is complexity of traffic safety and vehicle • Rollover Mitigation—NHTSA– located on the Plaza level of the Nassif issues. The report focuses on data that 2003–14622; Building at the Department of are routinely collected, accessible, and • Vehicle Compatibility—NHTSA– Transportation at the above address. widely used to meet traffic safety data 2003–14623; and • You can review public dockets there needs. Improving these data will benefit Data—NHTSA–2004–17339 between the hours of 9 a.m. and 5 p.m., the traffic safety community and the Each document describes the safety Monday through Friday, except Federal public at large. problem and provides strategies the holidays. You can also review The effectiveness of informed agency plans to pursue in addressing comments on-line at the DOT Docket decision making at the national, state vehicle compatibility, increasing safety Management System Web site at and local levels, involving sound belt use, reducing impaired driving, and http://dms.dot.gov. research, programs and policies, is mitigating vehicle rollover, and improving traffic safety data. While the FOR FURTHER INFORMATION CONTACT: directly dependent on data availability Joseph Carra, National Highway Traffic and quality. Accurate and first four are closed, comments received Safety Administration, Room 6125, 400 comprehensive, standardized data about the Data document will be Seventh Street, SW., Washington, DC provided in a timely manner, would evaluated and incorporated, as 20590, Telephone: 202–366–5375. allow the agency or decision-making appropriate, into planned agency entities at the state or local levels to: activities. SUPPLEMENTARY INFORMATION: Despite • significant gains since the enactment of Determine the causes of crashes and How Do I Prepare and Submit Federal motor vehicle and highway their outcomes Comments? • Evaluate strategies for preventing safety legislation in the mid 1960’s, the crashes and improving crash outcomes Your comments must be written and annual toll of traffic crashes remains • Support traffic safety data in English. To ensure that your tragically high. In 2003, 43,220 people operations comments are correctly filed in the were killed on the nation’s highways • Measure progress in reducing crash Docket, please include the Docket and an additional 2.89 million people frequencies and severities number of this document (NHTSA– suffered serious injuries. Motor vehicle • Update traffic safety policies 2004–17339) in your comments. crashes are responsible for 95 percent of This report presents an in-depth look Please send two paper copies of your all transportation-related deaths and 99 at routinely collected and accessible comments to Docket Management or percent of all transportation-related traffic safety data and provides submit them electronically. The mailing injuries, and are the leading cause of initiatives and recommendations for address is U.S. Department of death for Americans age 2 and every age federal and state stakeholders to Transportation Docket Management, 4 through 33. Furthermore, traffic improve traffic safety data needed to Room PL–401, 400 Seventh Street, SW., crashes are not only a grave public reduce deaths, injuries, injury severity Washington, DC 20590. If you submit health problem for our nation, but also and costs. The recommendations were your comments electronically, log onto a significant economic burden. In 2000, grouped into the following categories: the Docket Management System Web traffic crashes cost our economy 1. Coordination and Leadership site at http://dms.dot.gov and click on approximately $230 billion, or 2.3 2. Data Quality and Availability ‘‘Help & Information’’ or ‘‘Help/Info’’ to percent of the U.S. Gross Domestic 3. Electronic Technologies and obtain instructions. Product. The average cost for a critically Methods injured survivor of a motor vehicle 4. Uniform and Integrated Data How Can I Be Sure That My Comments crash is estimated at $1.1 million over 5. Facilitated Data Use (including Were Received? a lifetime. training) If you wish Docket Management to Therefore, in order to address these NHTSA believes its own initiatives, notify you upon its receipt of your safety problems, good data are required. the Report’s recommendations for both comments, enclose a self-addressed, Traffic safety data is the primary source a U.S. DOT Highway Safety Traffic stamped postcard in the envelope of knowledge about the traffic safety Records Coordinating Committee and containing your comments. Upon environment, human behavior and for the States, will lead to both short receiving your comments, Docket vehicle performance. NHTSA has made term and long term solutions to improve Management will return the postcard by improving traffic safety data one of the data and maximize its use to achieve mail. agency’s highest priorities. key DOT safety objectives. In the fall of 2003, NHTSA formed a NHTSA also assembled IPTs to How Do I Submit Confidential Business multidisciplinary integrated project address four other highway safety Information? team (IPT) to address the role of data in programs of special interest: safety belt If you wish to submit any information achieving U.S. DOT’s Safety Strategic use; impaired driving; vehicle rollover under a claim of confidentiality, send Objective: ‘‘Enhance public health and and vehicle compatibility. For each three copies of your complete safety by working toward the program of special interest, the agency submission, including the information elimination of transportation-related is seeking public review and comment. you claim to be confidential business deaths and injuries.’’ The team— Each of the four planning documents information, to the Chief Counsel, NCC– composed of representatives from can be found on NHTSA’s Web site at 01, National Highway Traffic Safety NHTSA headquarters and the regions, http://www.nhtsa.dot.gov/ Administration, Room 5219, 400 the Bureau of Transportation Statistics, IPTReports.html and also on DOT’s Seventh Street, SW., Washington, DC Federal Highway Administration, and docket management system (DMS) at 20590. Include a cover letter supplying the Federal Motor Carrier Safety http://dms.dot.gov/. The docket the information specified in our Administration—was to recommend numbers for each of the respective confidential business information priorities to NHTSA’s Administrator on reports are as follows: regulation (49 CFR Part 512).

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In addition, send two copies from DEPARTMENT OF TRANSPORTATION petition to institute a proceeding under which you have deleted the claimed 49 U.S.C. 10502 to exempt a class of confidential business information to Surface Transportation Board small carriers from the prior approval Docket Management, Room PL–401, 400 [STB Ex Parte No. 647] abandonment requirements of 49 U.S.C. Seventh Street, SW., Washington, DC 10903. Petitioners included a detailed 20590. Class Exemption for Expedited proposal including revised rules for 49 Abandonment Procedure for Class II CFR 1152.50 (exempt abandonments) Will the Agency Consider Late and Class III Railroads and 1152.27 (offers of financial Comments? assistance). The Board will hold a AGENCY: Surface Transportation Board. public hearing to provide a forum for In our response, NHTSA will consider ACTION: Notice of public hearing. the expression of views by rail shippers, all comments that Docket Management railroads, and other interested persons, receives before the close of business on SUMMARY: The Surface Transportation on this and other proposed changes to the comment closing date indicated Board (Board) will hold a public hearing the Board’s abandonment regulations as above under DATES. To the extent on Wednesday, August 11, 2004, at its they relate to Class II and Class III rail possible, the agency will also consider offices in Washington, DC, to provide carriers. This hearing will provide a comments that Docket Management interested persons an opportunity to forum for the oral discussion of the receives after that date. express their views on the subject of the proposed class exemption and any Board’s abandonment regulations for Please note that even after the proposals that interested persons might Class II and Class III rail carriers.1 comment closing date, NHTSA will wish to offer to amend the abandonment Persons wishing to speak at the hearing regulations. continue to file relevant information in should notify the Board in writing. the Docket as it becomes available. Date Of Hearing. The hearing will DATES: The public hearing will take Further, some people may submit late begin at 10 a.m. on Wednesday, August place on Wednesday, August 11, 2004. comments. Accordingly, NHTSA 11, 2004, in the 7th floor hearing room Any person wishing to speak at the at the Board’s headquarters in recommends that you periodically hearing should file with the Board a Washington, DC, and will continue, check the Docket for new material. written notice of intent to participate, with short breaks if necessary, until and should indicate a requested time How Can I Read the Comments every person scheduled to speak has allotment, as soon as possible but no Submitted by Other People? been heard. later than July 26, 2004. Each speaker You may read the comments by should also file with the Board any & Pittsburgh Railroad, Inc.; Carolina Coastal visiting Docket Management in person written testimony by August 3, 2004. Railway, Inc.; Commonwealth Railway, Inc.; at Room PL–401, 400 Seventh Street, ADDRESSES: All notices of intent to Chicago SouthShore & South Bend Railroad; SW., Washington, DC from 10 a.m. to 5 participate and testimony may be Chattahoochee & Gulf Railroad Co., Inc.; Connecuh p.m., Monday through Friday. Valley Railroad Co., Inc.; Corpus Christi Terminal submitted either via the Board’s e-filing Railroad, Inc.; The Dansville & Mount Morris You may also see the comments on format or in the traditional paper Railroad Company; Eastern Idaho Railroad, Inc.; the Internet by taking the following format. Any person using e-filing should Genesee & Wyoming Railroad Company; Golden Isles Terminal Railroad, Inc.; H&S Railroad Co., steps: comply with the instructions found on the Board’s http://www.stb.dot.gov Web Inc.; Illinois Indiana Development Company, LLC; • Go to the Docket Management Illinois & Midland Railroad Company, Inc.; Kansas site, at the ‘‘E-FILING’’ link. Any person & Oklahoma Railroad, Inc.; Knoxville & Holston System (DMS) Web page of the submitting a filing in the traditional River Railroad Co., Inc.; Lancaster and Chester Department of Transportation (http:// paper format should send an original Railway Company; Laurinburg & Southern Railroad dms.dot.gov). Co., Inc.; Louisiana & Delta Railroad, Inc.; and 10 paper copies of the filing Louisville & Indiana Railroad Company; Minnesota • On that page, click on ‘‘search.’’ (referring to STB Ex Parte No. 647) to: Prairie Line, Inc.; Montana Rail Link, Inc.; New • Surface Transportation Board, 1925 K York & Atlantic Railway Company; Pacific Harbor On the next page ((http:// Line, Inc.; Palouse River & Coulee City Railroad, dms.dot.gov/search/) type in the five- Street, NW., Washington, DC 20423– 0001. Inc.; Pennsylvania Southwestern Railroad, Inc.; digit Docket number shown at the Piedmont & Atlantic Railroad Inc.; Pittsburgh & beginning of this document (17339). FOR FURTHER INFORMATION CONTACT: Shawmut Railroad, Inc.; Portland & Western Railroad, Inc.; Rochester & Southern Railroad, Inc.; Click on ‘‘search.’’ Joseph Dettmar, (202) 565–1609. Rocky Mount & Western Railroad Co., Inc.; St. [Assistance for the hearing impaired is • On the next page, which contains Lawrence & Atlantic Railroad Company; Salt Lake available through the Federal City Southern Railroad Company; Savannah Port Docket summary information for the Information Relay Service (FIRS) at 1– Terminal Railroad, Inc.; South Buffalo Railway Docket you selected, click on the 800–877–8339.] Company; South Kansas & Oklahoma Railroad desired comments. You may also Company; Stillwater Central Railroad; Talleyrand SUPPLEMENTARY INFORMATION: Terminal Railroad, Inc.; Three Notch Railroad Co., download the comments. On May 15, 2003, sixty-five short-line and Inc.; Timber Rock Railroad, Inc.; Twin Cities & Authority: 49 U.S.C. 30111, 30117, 30168; regional carriers (petitioners) 2 filed a Western Railroad Company; Utah Railway delegation of authority at 49 CFR 1.50 and Company; Willamette & Pacific Railroad, Inc.; Wiregrass Central Railroad Company, Inc.; York 501.8. 1 The Board’s regulations divide railroads into Railway Company; AN Railway, LLC; Atlantic and three classes based on annual carrier operating Western Railway, Limited Partnership; Bay Line Noble N. Bowie, revenues. Class I railroads are those with annual Railroad, LLC; Central Midland Railway; Copper Associate Administrator for Planning, carrier operating revenues of $250 million or more Basin Railway, Inc.; East Tennessee Railway, L.P.; Evaluation & Budget. (in 1991 dollars); Class II railroads are those with Galveston Railroad, L.P.; Georgia Central Railway, annual carrier operating revenues of more than $20 L.P.; The Indiana Rail Road Company; KWT [FR Doc. 04–16902 Filed 7–26–04; 8:45 am] million but less than $250 million (in 1991 dollars); Railway, Inc.; Little Rock & Western Railway, L.P.; BILLING CODE 4910–59–P and Class III railroads are those with annual carrier M & B Railroad, L.L.C.; Tomahawk Railway, operating revenues of $20 million or less (in 1991 Limited Partnership; Valdosta Railway, L.P.; dollars). See 49 CFR Part 1201, General Instruction Western Kentucky Railway, LLC; Wheeling & Lake 1–1(a). Erie Railway Company; Wilmington Terminal 2 The sixty-five carriers are: Allegheny & Eastern Railroad, L.P.; and Yolo Shortline Railroad Railroad, Inc.; Bradford Industrial Rail, Inc.; Buffalo Company.

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Notice Of Intent To Participate. Any By issuance of this notice, the Board By the Board, David M. Konschnik, person wishing to speak at the hearing is instituting an exemption proceeding Director, Office of Proceedings. should file with the Board a written pursuant to 49 U.S.C. 10502(b). A final Vernon A. Williams, notice of intent to participate, and decision will be issued by October 25, Secretary. should indicate a requested time 2004. [FR Doc. 04–16822 Filed 7–26–04; 8:45 am] allotment, as soon as possible but no Any offer of financial assistance BILLING CODE 4910–01–P later than July 26, 2004. (OFA) under 49 CFR 1152.27(b)(2) will Testimony. Each speaker should file be due no later than 10 days after with the Board any written testimony by service of a decision granting the August 3, 2004. DEPARTMENT OF THE TREASURY Board Releases And Live Audio petition for exemption. Each OFA must be accompanied by the filing fee, which Available Via The Internet. Decisions Submission for OMB Review; currently is set at $1,100. See 49 CFR and notices of the Board, including this Comment Request notice and the proposed class 1002.2(f)(25). exemption, are available on the Board’s All interested persons should be July 19, 2004. Web site at http://www.stb.dot.gov. This aware that, following abandonment of The Department of Treasury has hearing will be available on the Board’s rail service and salvage of the line, the submitted the following public Web site by live audio streaming. To line may be suitable for other public information collection requirement(s) to access the hearing, click on the ‘‘Live use, including interim trail use. Any OMB for review and clearance under the Audio’’ link under ‘‘Information Center’’ request for a public use condition under Paperwork Reduction Act of 1995, at the left side of the home page 49 CFR 1152.28 or for trail use/rail Public Law 104–13. Copies of the beginning at 10 a.m. on August 11, banking under 49 CFR 1152.29 will be submission(s) may be obtained by 2004. due no later than August 16, 2004. Each calling the Treasury Bureau Clearance This action will not significantly trail use request must be accompanied Officer listed. Comments regarding this affect either the quality of the human by a $200 filing fee. See 49 CFR information collection should be environment or the conservation of 1002.2(f)(27). addressed to the OMB reviewer listed energy resources. All filings in response to this notice and to the Treasury Department Dated: July 21, 2004. must refer to STB Docket No. AB–33 Clearance Officer, Department of the Vernon A. Williams, (Sub-No. 213X) and must be sent to: (1) Treasury, Room 11000,1750 Secretary. Surface Transportation Board, 1925 K Pennsylvania Avenue, NW., [FR Doc. 04–17055 Filed 7–26–04; 8:45 am] Street, NW., Washington, DC 20423– Washington, DC 20220. BILLING CODE 4915–01–P 0001; and (2) Mack H. Shumate, Jr., DATES: Written comments should be Senior General Attorney, 101 North received on or before August 26, 2004, Wacker Drive, Room 1920, Chicago, IL to be assured of consideration. DEPARTMENT OF TRANSPORTATION 60606. Replies to the UP petition are due on or before August 16, 2004. Financial Management Service (FMS) Surface Transportation Board Persons seeking further information OMB Number: 1510–0059. [STB Docket No. AB–33 (Sub-No. 213X)] concerning abandonment procedures Form Number: SF 5510. may contact the Board’s Office of Public Type of Review: Extension. Union Pacific Railroad Company— Services at (202) 565–1592 or refer to Title: Authorization Agreement for Abandonment Exemption—in Dallas the full abandonment or discontinuance Preauthorized Payment. County, IA (Perry Subdivision) regulations at 49 CFR part 1152. Description: Preauthorized payment is On July 7, 2004, Union Pacific Questions concerning environmental used by remitters (individuals and Railroad Company (UP), filed with the issues may be directed to the Board’s corporations) to authorize electronic Surface Transportation Board a petition Section of Environmental Analysis funds transfers from the bank accounts under 49 U.S.C. 10502 for exemption (SEA) at (202) 565–1539. [Assistance for maintained at financial institutions for from the provisions of 49 U.S.C. 10903 the hearing impaired is available government agencies to collect monies. to abandon a line of railroad known as through the Federal Information Relay Respondents: Business or other for- the Perry Subdivision extending from Service (FIRS) at 1–800–877–8339.] profit, Individuals or households, milepost 296.8 near Waukee, IA, to An environmental assessment (EA) (or Federal Government. milepost 275.9 (Equation milepost 275.9 environmental impact statement (EIS), if Estimated Number of Respondents: = 361.8) near Perry, IA, and from necessary) prepared by SEA will be 100,000. milepost 361.8 to milepost 369.0 near served upon all parties of record and Estimated Burden Hours Per Dawson, IA, a total distance of 28.1 upon any agencies or other persons who Respondent: 15 minutes. miles in Dallas County, IA. The line commented during its preparation. Frequency of Response: On occasion. traverses U.S. Postal Service Zip Codes Other interested persons may contact 50063, 50066, 50167, 50220, and 50263 Estimated Total Reporting Burden: SEA to obtain a copy of the EA (or EIS). 25,000 hours. and includes no stations. EAs in these abandonment proceedings Clearance Officer: Jiovannah L. Diggs, The line does not contain federally normally will be made available within Financial Management Service, granted rights-of-way. Any 60 days of the filing of the petition. The Administrative Programs Division, documentation in the railroad’s deadline for submission of comments on Records and Information Management possession will be made available the EA will generally be within 30 days Program, 3700 East West Highway, promptly to those requesting it. of its service. The interest of railroad employees Room 144, Hyattsville, MD 20782, (202) will be protected by the conditions set Board decisions and notices are 874–7662. forth in Oregon Short Line R. Co.— available on our Web site at ‘‘http:// OMB Reviewer: Joseph F. Lackey, Jr., Abandonment—Goshen, 360 I.C.C. 91 www.stb.dot.gov.’’ Office of Management and Budget, (1979). Decided: July 19, 2004. Room 10235, New Executive Office

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Building, Washington, DC 20503, (202) Form Number: IRS Form 4835. DEPARTMENT OF THE TREASURY 395–7316. Type of Review: Extension. Title: Farm Rental Income and Internal Revenue Service Lois K. Holland, Expenses. Treasury PRA Clearance Officer. Description: This form is used by [INTL–79–91] [FR Doc. 04–17057 Filed 7–26–04; 8:45 am] landowners (or sub-lessors) to report BILLING CODE 4810–35–P farm income based on livestock Proposed Collection; Comment produced by the tenant when the Request for Regulation Project landowner (or sub-lessor) does not DEPARTMENT OF THE TREASURY AGENCY: Internal Revenue Service (IRS), materially participate in the operation Treasury. or management of the farm. This form Submission for OMB Review; ACTION: Notice and request for is attached to Form 1040 and the data Comment Request comments. is used to determine whether the proper July 19, 2004. amount of rental income has been SUMMARY: The Department of the The Department of Treasury has reported. Treasury, as part of its continuing effort submitted the following public Respondents: Individuals and to reduce paperwork and respondent information collection requirement(s) to households, Farms. burden, invites the general public and OMB for review and clearance under the Estimated Number of Respondents/ other Federal agencies to take this Paperwork Reduction Act of 1995, Recordkeepers: 407,719. opportunity to comment on proposed Public Law 104–13. Copies of the Estimated Burden Hours Respondent/ and/or continuing information submission(s) may be obtained by Recordkeeper: collections, as required by the calling the Treasury Bureau Clearance Recordkeeping—2 hr., 57 min. Paperwork Reduction Act of 1995, Officer listed. Comments regarding this Learning about the law or the form—4 Public Law 104–13 (44 U.S.C. information collection should be min. 3506(c)(2)(A)). Currently, the IRS is addressed to the OMB reviewer listed Preparing the form—1 hr., 1 min. soliciting comments concerning an and to the Treasury Department Copying, assembling and sending the existing final regulation, INTL–79– Clearance Officer, Department of the form to the IRS—20 min. 91(TD 8573), Information Returns Treasury, Room 11000, 1750 Frequency of response: Annually. Required of United States Persons With Pennsylvania Avenue, NW., Estimated Total Reporting/ Respect To Certain Foreign Corporations Washington, DC 20220. Recordkeeping Burden: 1,793,964 hours. (§§ 1.6035–1, 1.6038–2 and 1.6046–1). DATES: Written comments should be OMB Number: 1545–0923. DATES: Written comments should be received on or before August 26, 2004, Regulation Project Number: REG– received on or before September 27, to be assured of consideration. 209274–85 NPRM and Temporary. 2004, to be assured of consideration. Internal Revenue Service (IRS) Type of Review: Extension. ADDRESSES: Direct all written comments Title: Tax Exempt Entity Leasing. to Glenn Kirkland, Internal Revenue OMB Number: 1545–0010. Description: These regulations Service, room 6411, 1111 Constitution Form Number: IRS Form W–4. provide guidance to persons executive Avenue NW., Washington, DC 20224. Type of Review: Extension. lease agreements involving tax-exempt FOR FURTHER INFORMATION CONTACT: Title: Employee’s Withholding entities under section 168(h) of the Allowance Certificate. Requests for additional information or Internal Revenue Code. The regulations copies of the regulation should be Description: Employees file this form are necessary to implement to tell employers (1) the number of directed to Allan Hopkins, at (202) 622– congressionally enacted legislation and 6665, or at Internal Revenue Service, withholding allowances claimed, (2) elections for certain previously tax- additional dollar amounts they want room 6407, 1111 Constitution Avenue exempt organizations and certain tax- NW., Washington, DC 20224, or through withheld each pay period and (3) if they exempt controlled entities. are entitled to claim exemption from the Internet, at Respondents: Individuals or [email protected]. withholding. Employers use the households. information to figure the correct tax to Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: withhold from the employee’s wages. 4,000. Title: Information Returns Required of Respondents: Individuals or Estimated Burden Hours Respondent: United States Persons With Respect To households, Business or other for-profit, 30 minutes. Certain Foreign Corporations. Not-for-profit Institutions, Federal Frequency of response: On occasion. OMB Number: 1545–1317. Government, State, Local or Tribal Estimated Total Reporting Burden: Regulation Project Number: INTL–79– Government. 2,000 hours. 91. Estimated Number of Respondents/ Clearance Officer: Glenn P. Kirkland, Abstract: This regulation amends the Recordkeepers: 54,209,079. Internal Revenue Service, Room 6411– existing regulations under sections Estimated Burden Hours Respondent/ 03, 1111 Constitution Avenue, NW., 6035, 6038, and 6046 of the Internal Recordkeeper: Washington, DC 20224, (202) 622–3428. Revenue Code. The regulation amends Recordkeeping—45 min. OMB Reviewer: Joseph F. Lackey, Jr., and liberalizes certain requirements Learning about the law or the form—12 Office of Management and Budget, regarding the format in which min. Room 10235, New Executive Office information must be provided for Preparing the form—58 min. Building, Washington, DC 20503, (202) purposes of Form 5471, Information Sending the form to the IRS–11 min. 395–7316. Return of U.S. Persons With Respect to Frequency of response: On occasion. Certain Foreign Corporations. The Estimated Total Reporting/ Lois K. Holland, regulation provides that financial Recordkeeping Burden: 116,007,430 Treasury PRA Clearance Officer. statement information must be hours. [FR Doc. 04–17058 Filed 7–26–04; 8:45 am] expressed in U.S. dollars translated OMB Number: 1545–0187. BILLING CODE 4830–01–P according to U.S. generally accepted

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accounting principles and permits DEPARTMENT OF THE TREASURY Type of Review: Extension of a functional reporting of certain items. currently approved collection. Internal Revenue Service Current Actions: There is no change to Affected Public: Business or other for- this existing regulation. [PS–89–91] profit organizations. Type of Review: Extension of a Proposed Collection: Comment Estimated Number of Recordkeepers: currently approved collection. Request for Regulation Project 705. Affected Public: Individuals and Estimated Time Per Recordkeeper: 12 AGENCY: business or other for-profit Internal Revenue Service (IRS), minutes. Treasury. organizations. Estimated Total Annual ACTION: Notice and request for The burden for the collection of comments. Recordkeeping Burden Hours: 141. information is reflected in the burden Estimated Number of Respondents: for Form 5471, Information Return of SUMMARY: The Department of the 600. U.S. Persons With Respect to Certain Treasury, as part of its continuing effort Estimated Time Per Respondent: 6 Foreign Corporations. to reduce paperwork and respondent minutes. The following paragraph applies to all burden, invites the general public and other Federal agencies to take this Estimated Total Annual Reporting of the collections of information covered opportunity to comment on proposed Burden Hours: 60. by this notice: and/or continuing information The following paragraph applies to all An agency may not conduct or collections, as required by the of the collections of information covered sponsor, and a person is not required to Paperwork Reduction Act of 1995, by this notice. respond to, a collection of information Public Law 104–13 (44 U.S.C. unless the collection of information 3506(c)(2)(A)). Currently, the IRS is An agency may not conduct or displays a valid OMB control number. soliciting comments concerning an sponsor, and a person is not required to Books or records relating to a collection existing final regulation, PS–89–91 (TD respond to, a collection of information of information must be retained as long 8622), Exports of Chemicals That unless the collection of information as their contents may become material Deplete the Ozone Layer; Special Rules displays a valid OMB control number. in the administration of any internal for Certain Medical Uses of Chemicals Books or records relating to a collection revenue law. Generally, tax returns and That Deplete the Ozone Layer of information must be retained as long tax return information are confidential, (§§ 52.4682–2(b), 52.4682–2(d), as their contents may become material as required by 26 U.S.C. 6103. 52.4682–5(d), and 52.4682–5(f). in the administration of any internal DATES: revenue law. Generally, tax returns and Request for Comments: Comments Written comments should be received on or before September 27, tax return information are confidential, submitted in response to this notice will 2004, to be assured of consideration. as required by 26 U.S.C. 6103. be summarized and/or included in the request for OMB approval. All ADDRESSES: Direct all written comments Request for Comments: Comments comments will become a matter of to Glenn Kirkland, Internal Revenue submitted in response to this notice will Service, room 6411, 1111 Constitution public record. Comments are invited on: be summarized and/or included in the Avenue NW., Washington, DC 20224. (a) Whether the collection of request for OMB approval. All information is necessary for the proper FOR FURTHER INFORMATION CONTACT: comments will become a matter of performance of the functions of the Requests for additional information or public record. Comments are invited on: copies of the instructions should be agency, including whether the (a) Whether the collection of directed to Allan Hopkins, at, (202) information shall have practical utility; information is necessary for the proper 622–6665, or at Internal Revenue (b) the accuracy of the agency’s estimate performance of the functions of the Service, room 6407, 1111 Constitution of the burden of the collection of agency, including whether the Avenue NW., Washington, DC 20224, or information shall have practical utility; information; (c) ways to enhance the through the Internet, at (b) the accuracy of the agency’s estimate quality, utility, and clarity of the [email protected]. information to be collected; (d) ways to of the burden of the collection of minimize the burden of the collection of SUPPLEMENTARY INFORMATION: information; (c) ways to enhance the Title: Exports of Chemicals That information on respondents, including quality, utility, and clarity of the Deplete the Ozone Layer; Special Rules through the use of automated collection information to be collected; (d) ways to for Certain Medical Uses of Chemicals techniques or other forms of information minimize the burden of the collection of That Deplete the Ozone Layer. information on respondents, including technology; and (e) estimates of capital OMB Number: 1545–1361. through the use of automated collection or start-up costs and costs of operation, Regulation Project Number: PS–89– techniques or other forms of information maintenance, and purchase of services 91. to provide information. Abstract: This regulation provides technology; and (e) estimates of capital or start-up costs and costs of operation, Approved: July 15, 2004. reporting and recordkeeping rules maintenance, and purchase of services Glenn Kirkland, relating to taxes imposed on exports of ozone-depleting chemicals (ODCs), to provide information. IRS Reports Clearance Officer. taxes imposed on ODCs used as medical Approved: July 14, 2004. [FR Doc. 04–17082 Filed 7–26–04; 8:45 am] sterilants or propellants in metered-dose Glenn Kirkland, BILLING CODE 4830–01–P inhalers, and floor stocks taxes on IRS Reports Clearance Officer. ODCs. The rules affect persons who manufacture, import, export, sell, or use [FR Doc. 04–17083 Filed 7–26–04; 8:45 am] ODCs. BILLING CODE 4830–01–P Current Actions: There is no change to this existing regulation.

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DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY

Internal Revenue Service Internal Revenue Service Internal Revenue Service

Open Meeting of the Small Business/ Open Meeting of the Area 6 Taxpayer Open Meeting of the Area 1 Taxpayer Self Employed—Schedule C Non-Filers Advocacy Panel (Including the States Advocacy Panel (Including the States Committee of the Taxpayer Advocacy of Alaska, Arizona, Colorado, Hawaii, of New York, Connecticut, Panel Idaho, Montana, New Mexico, Nevada, Massachusetts, Rhode Island, New Oregon, Washington and Wyoming) Hampshire, Vermont and Maine) AGENCY: Internal Revenue Service (IRS), AGENCY: Internal Revenue Service (IRS), Treasury. AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice. Treasury. ACTION: Notice. ACTION: Notice. SUMMARY: An open meeting of the Area SUMMARY: An open meeting of the Small 1 Taxpayer Advocacy Panel will be Business/Self Employed—Schedule C SUMMARY: An open meeting of the Area conducted (via teleconference). The Non-Filers Committee of the Taxpayer 6 Taxpayer Advocacy Panel will be Taxpayer Advocacy Panel is soliciting Advocacy Panel will be conducted in conducted (via teleconference). The public comments, ideas and suggestions Denver, Colorado. The TAP will be Taxpayer Advocacy Panel (TAP) is on improving customer service at the discussing issues pertaining to soliciting public comments, ideas, and Internal Revenue Service. increasing compliance and lessening the suggestions on improving customer DATES: The meeting will be held burden for Small Business/Self service at the Internal Revenue Service. Tuesday, August 24, 2004. Employed individuals. The TAP will use citizen input to make FOR FURTHER INFORMATION CONTACT: Recommendations for IRS systemic recommendations to the Internal Marisa Knispel at 1–888–912–1227 (toll- changes will be developed. Revenue Service. free), or 718–488–3557 (non toll-free). DATES: The meeting will be held Friday, DATES: The meeting will be held SUPPLEMENTARY INFORMATION: An open August 20 and Saturday, August 21, Monday, August 23, 2004. meeting of the Area 1 Taxpayer 2004. Advocacy Panel will be held Tuesday, FOR FURTHER INFORMATION CONTACT: Judi August 24, 2004 from 11 a.m. EDT to 12 FOR FURTHER INFORMATION CONTACT: Nicholas at 1–888–912–1227, or 206– p.m. EDT via a telephone conference Marisa Knispel at 1–888–912–1227 or 220–6096. call. Individual comments will be 718–488–3557. limited to 5 minutes. If you would like SUPPLEMENTARY INFORMATION: Notice is to have the TAP consider a written SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section statement, please call 1–888–912–1227 hereby given pursuant to Section 10(a)(2) of the Federal Advisory or 718–488–3557, or write Marisa 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) Knispel, TAP Office, 10 MetroTech Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 6 Center, 625 Fulton Street, Brooklyn, NY that an open meeting of the Small Taxpayer Advocacy Panel will be held 11201. Due to limited conference lines, Business/Self Employed—Schedule C Monday, August 23, 2004 from 2 p.m. notification of intent to participate in Non-Filers Committee of the Taxpayer Pacific Time to 3 p.m. Pacific Time via the telephone conference call meeting Advocacy Panel will be held Friday, a telephone conference call. The public must be made with Marisa Knispel. Ms. August 20, 2004 from 9 a.m. MT to 5 is invited to make oral comments. Knispel can be reached at 1–888–912– p.m. MT and Saturday, August 21, 2004 Individual comments will be limited to 1227 or 718–488–3557, or post from 8 a.m. MT to 12 p.m. MT at the 5 minutes. If you would like to have the comments to the Web site: http:// Dominion Plaza Building, 600 17th TAP consider a written statement, www.improveirs.org. Street, Denver, CO 80202. Individual please call 1–888–912–1227 or 206– The agenda will include various IRS comments are welcome and limited to 5 220–6096, or write to Judi Nicholas, issues. minutes per person. For more TAP Office, 915 2nd Avenue, MS W– Dated: July 22, 2004. information and to confirm attendance, notification of intent to attend the 406, Seattle, WA 98174. Due to limited Bernard E. Coston, meeting must be made with Marisa conference lines, notification of intent Director, Taxpayer Advocacy Panel. Knispel. Mrs. Knispel may be reached at to participate in the telephone [FR Doc. 04–17086 Filed 7–26–04; 8:45 am] 1–888–912–1227 or 718–488–3557. If conference call meeting must be made BILLING CODE 4830–01–P you would like to have the TAP with Judi Nicholas. Ms. Nicholas can be consider a written statement, please reached at 1–888–912–1227 or 206– DEPARTMENT OF THE TREASURY write to Marisa Knispel, TAP Office, 10 220–6096. Metro Tech Center, 625 Fulton Street, The agenda will include the Internal Revenue Service Brooklyn, NY 11201, or you may post following: Various IRS issues. your comments to the Web site: http:// Dated: July 22, 2004. Open Meeting of the Taxpayer www.improveirs.org. Advocacy Panel Multilingual Initiative Bernard Coston, The agenda will include the (MLI) Issue Committee Will Be Director, Taxpayer Advocacy Panel. following: Various IRS issues. Conducted (Via Teleconference) [FR Doc. 04–17085 Filed 7–26–04; 8:45 am] AGENCY: Internal Revenue Service (IRS), Dated: July 22, 2004. BILLING CODE 4830–01–P Bernard E. Coston, Treasury. Director, Taxpayer Advocacy Panel. ACTION: Notice. [FR Doc. 04–17084 Filed 7–26–04; 8:45 am] SUMMARY: An open meeting of the BILLING CODE 4830–01–P Taxpayer Advocacy Panel Multilingual

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Initiative (MLI) Issue Committee will be FOR FURTHER INFORMATION CONTACT: Tuesday, August 24, 8 to 11:30 a.m., conducted (via teleconference). The Sallie Chavez at 1–888–912–1227, or central daylight time, at the Country Inn Taxpayer Advocacy Panel is soliciting 954–423–7979. & Suites Mall of America, 2221 public comments, ideas, and SUPPLEMENTARY INFORMATION: Notice is Killebrew Drive, Bloomington, MN, suggestions on improving customer hereby given pursuant to section 10(a) 55425. You can submit written service at the Internal Revenue Service. (2) of the Federal Advisory Committee comments to the panel by faxing to DATES: The meeting will be held Friday, Act, 5 U.S.C. App. (1988) that an open (718) 488–2062, or by mail to Taxpayer August 20, 2004 from 1 p.m. to 2 p.m. meeting of the Area 3 Taxpayer Advocacy Panel, 10 Metro Tech Center, e.d.t. Advocacy Panel will be held Friday, 625 Fulton Street, Brooklyn, NY 11201, August 20, 2004, from 11 a.m. to 12:30 or you can contact us at http:// FOR FURTHER INFORMATION CONTACT: Inez www.improveirs.org. This meeting is not E. De Jesus at 1–888–912–1227, or 954– p.m. e.d.t. via a telephone conference required to be open to the public, but 423–7977. call. If you would like to have the TAP consider a written statement, please call because we are always interested in SUPPLEMENTARY INFORMATION: Notice is 1–888–912–1227 or 954–423–7979, or community input, we will accept public hereby given pursuant to section 10 (a) write Sallie Chavez, TAP Office, 1000 comments. Please contact Audrey (2) of the Federal Advisory Committee South Pine Island Rd., Suite 340, Jenkins at 1–888–912–1227 or (718) Act, 5 U.S.C. App. (1988) that an open Plantation, FL 33324. Due to limited 488–2085 for more information. meeting of the Taxpayer Advocacy conference lines, notification of intent The agenda will include the Panel Multilingual Initiative Issue to participate in the telephone following: Various IRS issues. Committee will be held Friday, August conference call meeting must be made 20, 2004 from 1 p.m. to 2 p.m. e.d.t. via with Sallie Chavez. Ms. Chavez can be Dated: July 22, 2004. a telephone conference call. If you reached at 1–888–912–1227 or 954– Bernard Coston, would like to have the TAP consider a 423–7979, or post comments to the Web Director, Taxpayer Advocacy Panel. written statement, please call 1–888– site: http://www.improveirs.org. [FR Doc. 04–17089 Filed 7–26–04; 8:45 am] 912–1227 or 954–423–7977, or write The agenda will include: Various IRS BILLING CODE 4830–01–P Inez E. De Jesus, TAP Office, 1000 South issues. Pine Island Rd., Suite 340, Plantation, FL 33324. Due to limited conference Dated: July 22, 2004. lines, notification of intent to participate Bernard Coston, Director, Taxpayer Advocacy Panel. DEPARTMENT OF VETERANS in the telephone conference call meeting AFFAIRS must be made with Inez E. De Jesus. Ms. [FR Doc. 04–17088 Filed 7–26–04; 8:45 am] De Jesus can be reached at 1–888–912– BILLING CODE 4830–01–P Notice of Establishment; VHA Resident 1227 or 954–423–7977, or post Education Committee comments to the Web site: http:// DEPARTMENT OF THE TREASURY www.improveirs.org. As required by section 9(a)(2) of the The agenda will include the Internal Revenue Service Federal Advisory Committee Act, the following: Various IRS issues. Department of Veterans Affairs hereby Dated: July 22, 2004. Open Meeting of the Area 5 Taxpayer gives notice of the establishment of the Bernard Coston, Advocacy Panel (Including the States Advisory Committee on Veterans Health Director, Taxpayer Advocacy Panel. of Iowa, Kansas, Minnesota, Missouri, Administration (VHA) Resident [FR Doc. 04–17087 Filed 7–26–04; 8:45 am] Nebraska, North Dakota, Oklahoma, Education. The Secretary of Veterans South Dakota, and Texas) Affairs had determined that establishing BILLING CODE 4830–01–P the Committee is both necessary and in AGENCY: Internal Revenue Service (IRS) the public interest. Treasury. DEPARTMENT OF THE TREASURY The Committee will provide advice ACTION: Notice. on matters involving a broad assessment Internal Revenue Service SUMMARY: An open meeting of the Area of physician resident positions in relationship to the future health care Open Meeting of the Area 3 Taxpayer 5 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy needs of veterans. The Committee will Advocacy Panel (Including the States be composed of public and private of Florida, Georgia, Alabama, Panel is soliciting public comment, ideas, and suggestions on improving health care experts who will provide a Mississippi, Louisiana, Arkansas and national perspective on health care Tennessee) customer service at the Internal Revenue Service. trends and independent advice to VA on AGENCY: Internal Revenue Service (IRS), DATES: The meeting will be held critical physician education issues. Treasury. Monday, August 23, 2004, 8 a.m. to 3 Members of the Committee will provide a broad range of experience and ACTION: Notice. p.m., and Tuesday, August 24, 8 to 11:30 a.m., central daylight time. expertise, ranging from medical school administration to medical education SUMMARY: An open meeting of the Area FOR FURTHER INFORMATION CONTACT: accreditation. 3 Taxpayer Advocacy Panel will be Audrey Jenkins at 1–888–912–1227, or conducted (via teleconference). The (718) 488–2085. As it considers necessary, the Taxpayer Advocacy Panel is soliciting SUPPLEMENTARY INFORMATION: Notice is Committee may make recommendations public comments, ideas, and hereby given pursuant to Section to the Secretary and the Under Secretary suggestions on improving customer 10(a)(2) of the Federal Advisory for Health regarding the philosophical service at the Internal Revenue Service. Committee Act, 5 U.S.C. App. (1988) principles of VHA’s resident education DATES: The meeting will be held Friday, that a meeting of the Area 5 Taxpayer program, as well as the overall operation August 20, 2004 from 11 a.m. to 12:30 Advocacy Panel will be held Monday, of that program. p.m. e.d.t. August 23, 2004, 8 a.m. to 3 p.m., and Dated: July 14, 2004.

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By Direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. 04–17060 Filed 7–26–04; 8:45 am] BILLING CODE 8320–01–M

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Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Topeka Shiner; Final Rule

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DEPARTMENT OF THE INTERIOR significant amounts of conservation with the most biologically urgent resources. The Service’s present system species conservation needs. Fish and Wildlife Service for designating critical habitat has The consequence of the critical evolved since its original statutory habitat litigation activity is that limited 50 CFR Part 17 prescription into a process that provides listing funds are used to defend active RIN 1018–AI20 little real conservation benefit, is driven lawsuits, to respond to Notices of Intent by litigation and the courts rather than to sue relative to critical habitat, and to Endangered and Threatened Wildlife biology, limits our ability to fully comply with the growing number of and Plants; Final Designation of evaluate the science involved, consumes adverse court orders. As a result, listing Critical Habitat for the Topeka Shiner enormous agency resources, and petition responses, the Service’s own imposes huge social and economic proposals to list critically imperiled AGENCY: Fish and Wildlife Service, costs. The Service believes that species, and final listing determinations Interior. additional agency discretion would on existing proposals are all ACTION: Final rule. allow our focus to return to those significantly delayed. actions that provide the greatest benefit The accelerated schedules of court- SUMMARY: We, the U.S. Fish and to the species most in need of ordered designations have left the Wildlife Service (Service), designate protection. Service with almost no ability to critical habitat for the Topeka shiner provide for additional public (Notropis topeka) pursuant to the Role of Critical Habitat in Actual participation or to ensure a defect-free Endangered Species Act of 1973, as Practice of Administering and rulemaking process before making amended (Act). We are designating as Implementing the Act decisions on listing and critical habitat critical habitat a total of 83 stream proposals due to the risks associated While attention to and protection of segments, representing 1,356 kilometers with noncompliance with judicially habitat is paramount to successful (km) (836 miles (mi)) of stream in the imposed deadlines. This in turn fosters conservation actions, we have States of Iowa, Minnesota, and a second round of litigation in which consistently found that, in most Nebraska. We exclude from designation those who fear adverse impacts from circumstances, the designation of all previously proposed critical habitat critical habitat designations challenge critical habitat is of little additional in the State of Missouri under authority those designations. The cycle of value for most listed species, yet it of sections 3(5)(A) and 4(b)(2) of the litigation appears endless, is very consumes large amounts of conservation Act, and in the States of Kansas and expensive, and in the final analysis resources. Sidle (1987) stated, ‘‘Because South Dakota under authority of section provides relatively little additional the ESA can protect species with and 4(b)(2) of the Act. Critical habitat is not protection to listed species. designated on the Fort Riley Military without critical habitat designation, The costs resulting from the critical Installation in Kansas under authority of critical habitat designation may be habitat designation include legal costs, section 4(a)(3) of the Act. redundant to the other consultation the cost of preparation and publication requirements of section 7.’’ Currently, DATES: This rule becomes effective of the designation, the analysis of the only 445 species (36 percent) of the economic effects and the cost of August 26, 2004. 1,244 listed species in the United States ADDRESSES: Comments and materials requesting and responding to public under jurisdiction of the Service, have comment, and in some cases the costs received, as well as supporting designated critical habitat. We address documentation used in the preparation of compliance with the National the habitat needs of all 1,244 listed Environmental Policy Act. None of of this final rule, are available for public species through conservation inspection, by appointment, during these costs result in any benefit to the mechanisms such as listing, section 7 species that is not already afforded by normal business hours at the Kansas consultations, the section 4 recovery Ecological Services Field Office, U.S. the protections of the Act enumerated planning process, the section 9 earlier, and they directly reduce the Fish and Wildlife Service, 315 Houston protective prohibitions of unauthorized Street, Suite E, Manhattan, Kansas funds available for direct and tangible take, section 6 funding to the States, and conservation actions. 66502. Copies of the final rule, final the section 10 incidental take permit economic analysis, and final process. The Service believes that it is Background environmental assessment are available these measures that may make the The Topeka shiner is found in small by writing to the above address or by difference between extinction and to mid-sized prairie streams of the connecting to the Service Internet Web survival for many species. central prairie regions of the United site at http://mountain-prairie.fws.gov/ States with relatively high water quality topekashiner/ch. Procedural and Resource Difficulties in Designating Critical Habitat and cool to moderate temperatures. FOR FURTHER INFORMATION CONTACT: Many of these streams exhibit perennial Vernon Tabor, Kansas Ecological We have been inundated with flow, although some become Services Field Office, at the above lawsuits for our failure to designate intermittent during summer or periods address; telephone: (785) 539–3474; critical habitat, and we face a growing of prolonged drought. The Topeka facsimile: (785) 539–8567; e-mail: number of lawsuits challenging critical shiner’s historic range includes portions _ Vernon [email protected]. habitat determinations once they are of Iowa, Kansas, Minnesota, Missouri, SUPPLEMENTARY INFORMATION: made. These lawsuits have subjected the Nebraska, and South Dakota. The Service to an ever-increasing series of species continues to exist in these Designation of Critical Habitat Provides court orders and court-approved States, but in most areas its range is Little Additional Protection to Species settlement agreements, compliance with greatly reduced. In 30 years of implementing the Act, which now consumes nearly the entire The following additional information the Service has found that the listing program budget. This leaves the on the distribution of the species in designation of statutory critical habitat Service with little ability to prioritize its South Dakota has recently been made provides little additional protection to activities to direct scarce listing available to us. Few historical data were most listed species, while consuming resources to the listing program actions available regarding the distribution of

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the Topeka shiner in South Dakota; at km (2,340 mi) of stream in the States of language to section 4(a)(3), which the time this species was proposed for Iowa, Kansas, Minnesota, Nebraska, and prohibits the Service from designating listing in 1997, only five locations were South Dakota as critical habitat. We also as critical habitat any lands or other known. The South Dakota Department proposed to exclude from designation geographical areas owned or controlled of Game, Fish, and Parks (SDDGFP) Topeka shiner habitat in the State of by the Department of Defense, or initiated surveys in 1997 to determine Missouri and on the Fort Riley Military designated for its use, that are subject to current occupation of known historical Installation, Kansas, under the authority an Integrated Natural Resources sites and investigate other possible of section 3(5)(A) of the Act. Concurrent Management Plan (INRMP) prepared waterways for the species’ presence. with the publication of the proposed under section 101 of the Sikes Act (16 These surveys indicated that the species rule, we opened a 60-day public U.S.C. 670a), if the Secretary of the was more widespread in South Dakota comment period. We held one public Interior determines in writing that such than previously thought. In 1999, a meeting in each of the six affected States plan provides a benefit to the species for number of agencies began working during September 2002. Due to which critical habitat is proposed for closely with the South Dakota State budgetary constraints, we did not designation. The Sikes Act University Cooperative Research Unit finalize the designation of critical Improvement Amendment of 1997 (SDSU Coop Unit) in Brookings to habitat by August 13, 2003. We requires each military installation that delineate where Topeka shiners existed petitioned the court to extend this includes land and water suitable for the in South Dakota. Those surveys found deadline until July 17, 2004, and in an conservation and management of many new streams that were occupied order dated February 10, 2004, the court natural resources to complete an by Topeka shiners as well as granted us this extension. This order INRMP. An INRMP integrates populations in six of eight of the was upheld by the court on June 21, implementation of the military mission historical locations. Of the remaining 2004. of the installation with stewardship of two historical locations, one is on a In the August 2002 proposed rule for the natural resources found there. Each stream that is expected to have Topeka designation of critical habitat for the INRMP includes an assessment of the shiners but resources have limited the Topeka shiner, we indicated our ecological needs on the installation, ability to conduct surveys, while the intention not to include critical habitat including needs to provide for the other historical location was in the in Missouri and on Fort Riley, Kansas, conservation of listed species; a outlet of a lake that has not been in the critical habitat designation. This statement of goals and priorities; a surveyed due to its uncharacteristic was based upon our interpretation of the detailed description of management habitat for Topeka shiners. Since then, definition of critical habitat found in actions to be implemented to provide several studies have been initiated by section 3(5)(A) of the Act. Section for these ecological needs; and a South Dakota Department of 3(5)(A)(i) of the Act defines critical monitoring and adaptive management Transportation (SDDOT) and Natural habitat as areas on which are found plan. The Service consults with the Resource Conservation Service (NRCS) those physical or biological features (I) military on the development and through the SDSU Coop Unit that have essential to the conservation of the implementation of INRMPs for further expanded the list of known species and (II) which may require installations with listed species. occupied streams and general special management considerations or knowledge of the species in South protections. In order to give meaning to On March 17, 2004, we published in Dakota. the last clause of the definition, we have the Federal Register (69 FR 12619) a For more information on the Topeka considered that if an area was already revision to our proposed rule, notice of shiner, refer to the proposed critical adequately managed, there would be no availability for the draft economic habitat rule published in the Federal requirement for special management analysis and the draft environmental Register on August 21, 2002 (67 FR considerations or protection. A assessment (EA), and notice of a 30-day 54262) and the final listing rule management plan is considered reopening of the public comment period published in the Federal Register on adequate when it meets the following for the designation of critical habitat for December 15, 1998 (63 FR 69008). three criteria—(1) the plan provides a the Topeka shiner. In this document, we conservation benefit to the species (i.e., reevaluated our previous intention to Previous Federal Actions the plan must maintain or provide for exclude from designation habitat in We published a final rule in the an increase in the species’ population, Missouri and on Fort Riley under Federal Register (63 FR 69008) on or the enhancement or restoration of its section 3(5)(A) of the Act. We explained December 15, 1998, listing the Topeka habitat within the area covered by the our intent to exclude habitat on Fort shiner as an endangered species under plan); (2) the plan provides assurances Riley under the new provisions of the Act. In that document, we also that it will be implemented (i.e., those section 4(a)(3). We proposed critical determined that designation of critical responsible for implementing the habitat within the State of Missouri, habitat was not prudent for the species. management plan are capable of including 12 stream segments In an April 4, 2001, court settlement of accomplishing the objectives, have an representing 148 km (92 mi) of stream, the case, Biodiversity Legal Foundation implementation schedule, and/or and proposed to exclude these areas et al. v. Ralph Morgenweck et al. (C00– adequate funding for the management from designation under section 4(b)(2). D–1180), we agreed to reconsider our plan); and (3) the plan provides We also proposed an additional 24-km prudency determination and, if prudent, assurances the management plan will be (15-mi) stream reach in the State of to propose critical habitat for the effective (i.e., it identifies biological South Dakota due to new information Topeka shiner by August 13, 2002, and goals, has provisions for reporting on distribution of the species, obtained to finalize our designation of critical progress, and is of a duration sufficient after publication of the original critical habitat by August 13, 2003. to implement the plan and achieve the habitat proposal. Finally, we stated our On August 21, 2002, we published a plan’s goals and objectives). intention to consider excluding critical proposed rule in the Federal Register The National Defense Authorization habitat proposed in the States of Kansas (67 FR 54262) proposing the designation Act for Fiscal Year 2004 (Public Law and South Dakota from designation, of Topeka shiner critical habitat. The 108–136, adopted November 24, 2003) under section 4(b)(2). This proposed designation included 3,766 amended the Act by adding new consideration was due to ongoing

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management actions, the development exclusion; and 2 that neither supported State and local activities with no and implementation of State nor opposed the proposed designation, Federal nexus have no Federal management plans for the species, State but provided specific comments on the consultation requirement. protections, and other conservation designation. Generally, comments (2) Comment: The designation of activities related to the species received posed questions on the critical habitat will severely delay, occurring in these two States. proposed action, procedural issues, and restrict, or eliminate State and local the economic analysis, questioned the government’s ability to construct and Summary of Comments and Service’s information and conclusions maintain roads and bridges due to the Recommendations on the species, provided additional additional cost of changing the methods In the August 21, 2002, proposed rule, information for the proposed listing, and timing of construction and we requested that all interested parties suggested alternatives, and/or simply maintenance, and incorporating best submit comments or information stated support or opposition to the management practices, to reduce concerning the designation of critical designation. In total, comments were impacts to the Topeka shiner. habitat for the Topeka shiner. A 60-day received from 13 Federal and State Our Response: Some additional costs comment period closed on October 21, agencies or officials, 5 local agencies or are anticipated for State, county, and 2002. We contacted interested parties officials, and 30 private organizations, local governments maintaining and (including elected officials; Federal, companies, and individuals. All constructing roads and bridges. The State, and county governments; media comments received during the comment Economic Analysis forecasts that over outlets; and local interest groups) period are addressed in the following the next 10 years $8.7 million in project through a press release and related summary. Comments of a similar nature modification costs will be incurred faxes, mailed announcements, are grouped into a number of general (Industrial Economics, Inc. 2004). In telephone calls, and e-mails. On March issues. this final designation, we are excluding 17, 2004, the Service opened an critical habitat in the States of South additional 30-day comment period on Peer Review Comments Dakota, Missouri, and Kansas. The the revised proposal, draft economic In accordance with our policy project modification costs in the analysis, draft EA, and original published on July 1, 1994 (59 FR remaining States of Iowa, Minnesota, proposed rule. 34270), we solicited the expert opinions and Nebraska are an estimated $6 Newspaper notices inviting public of five independent specialists regarding million over 10 years (Industrial comment on the proposal and this rule. The purpose of such review is Economics, Inc. 2004). Project announcing the public comment period to ensure that decisions are based on modifications include restrictions on and series of public meetings were scientifically sound data, assumptions, instream construction, construction of published in the following and analyses. We sent these peer longer or higher bridges, culvert newspapers—in Iowa, Des Moines reviewers, who are all fisheries restrictions, construction of alternative Register and Ft. Dodge Messenger; in scientists, copies of the proposed rule temporary crossings, spawning season Kansas, Emporia Gazette, Manhattan immediately following publication in restrictions, and surveys for the Topeka Mercury, Topeka Capital-Journal, and the Federal Register. Two of the peer shiner. For a more complete discussion Wichita Eagle; in Minnesota, reviewers responded, providing of potential impacts associated with Minneapolis Star-Tribune and Pipestone comments that we have incorporated road and bridge construction and County Star; in Missouri, Kansas City into the final rule. Both reviewers were maintenance, see Section 4 of the Star, Columbia Missourian, and supportive of the proposed rule. Economic Analysis (Industrial Harrison County Advisor; in Nebraska, Economics, Inc. 2004). Omaha World Herald and Norfolk Responses to Public Comments (3) Comment: Comments from South News; and in South Dakota, Sioux Falls (1) Comment: Several comments Dakota stated the estimate for project Argus-Leader, Mitchell Daily Republic, opposed designation of critical habitat modifications for third parties (South and Huron Plainsman. The Service held because of concerns that designation Dakota Department of Transportation) six public meetings between September would severely delay, restrict, or identified in the Economic Analysis 4 and 12, 2002, in Manhattan, Kansas; eliminate State and local government’s appears to be low. Bethany, Missouri; Fort Dodge, Iowa; ability to construct and maintain roads Our Response: The project Pipestone, Minnesota; Madison, and bridges due to restrictions on modifications reported in the Economic Nebraska; and Sioux Falls, South construction in stream channels during Analysis for South Dakota Department Dakota. In conjunction with our revised the Topeka shiner spawning period. of Transportation (SDDOT) road and proposal for critical habitat in Missouri, Our Response: Since the listing of the bridge construction and maintenance we held an additional public meeting on Topeka shiner in December 1998, road projects include stream surveys. The April 13, 2004, in Booneville, Missouri, and bridge maintenance and SDDOT believes that it may need to to allow for additional public input into construction with a Federal connection survey streams when work occurs in or the final designation. (i.e., using Federal funds, requiring a around areas of Topeka shiner habitat. In the 2002 comment period, a total Federal permit, or sponsored by a The cost associated with a survey was of 34 comments were received by the Federal agency) are already being estimated to be $3,800 per effort Service’s Kansas Field Office—13 reviewed for impacts to the Topeka (Industrial Economics, Inc. 2004). This supported the proposed critical habitat; shiner under the consultation estimate is based on a recent survey 14 opposed the proposed critical provisions of section 7 of the Act. This conducted by the SDDOT on the habitat; and 7 expressed neither support review, in most cases, involves the Vermillion River (Personal nor opposition. During the 2004 implementation of best management communication with Dave Graves, comment period, we received a total of practices to reduce harm to fish and its Office of Project Development, SDDOT, 14 comments—5 supporting designation habitat, including the avoidance of October 8, 2002). and opposing any exclusion; 4 instream work during the spawning (4) Comment: Negative economic supporting the Missouri exclusion; 3 period. The designation of critical impacts will occur to schools and rural opposing designation in South Dakota habitat will have little, if any, additional residents because of the need to drive and supporting a South Dakota impact to these existing restrictions. additional miles due to construction

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delays resulting from spawning date with the Service regarding the potential amount of habitat proposed, Topeka restrictions. Crop harvest also could be impact to the species or its habitat. shiners do not have enough room to delayed or hampered due to spawning These consultation provisions have recover to suitable levels. date restrictions that apply to been in place since the listing of the Our Response: In proposing and construction projects. species in 1998. Little new regulatory designating critical habitat for the Our Response: Consultations on burdens will result from the designation Topeka shiner, we used the best construction projects that have been of critical habitat because all designated scientific information available to occurring since the species was listed in areas are occupied. Activities that may determine the primary constituent 1998 include spawning date restrictions adversely affect the Topeka shiner elements (habitat components) required already. The designation of critical already require consultation. by the species; where these components habitat will create little additional (8) Comment: The Topeka Shiner exist within the range of the species; impact due to spawning date Recovery Plan should have been and what areas are essential to the restrictions beyond what is already released before, or concurrently with, conservation of the species. The being incurred. the designation of critical habitat and information sources we compiled (5) Comment: The designation of the economic analysis, so that all included the technical draft of the critical habitat and the resulting section aspects of the conservation efforts for recovery plan, State conservation and 7 consultations will delay the the species could be thoroughly recovery plans, conservation plans for implementation of soil and water analyzed by agricultural producers and localized areas, species status surveys, conservation practices and result in less the general public. research efforts concerning the species, conservation, more bureaucratic Our Response: We agree that the and habitat models. If Topeka shiner regulation, and further economic finalization of the recovery plan prior to populations expand beyond the areas hardship for private landowners. or concurrently with the critical habitat designated as critical habitat, the Our Response: Most soil and water designation would have been optimal. A protections of the Act (i.e., section 7 conservation activities are not likely to technical draft recovery plan was under consultation, section 9 ‘‘take’’ affect Topeka shiners or their habitat, internal review at the time of the release provisions) afforded listed species will and are not encumbered by the of our proposed rule for critical habitat protect these ‘‘new’’ or expanded consultation process. (August 21, 2002). Because of court- populations as well. Watershed-based (6) Comment: Designation of critical approved deadlines and the recovery actions improving habitat, as habitat may cause land adjacent to development of the critical habitat outlined in the conservation and designated streams to be taken out of designation received priority over the recovery plans, will encourage crop production or cause production completion of the recovery plan. expansion to these areas by Topeka practices to be altered. This will result Following completion of the critical shiners. in less profit to the producer and habitat designation, we plan to restart (12) The maps of the proposed critical severely affect his/her ability to farm or work on the recovery plan. On habitat in Iowa are inadequate. It is ranch. completion of the draft recovery plan, difficult to determine if the areas Our Response: Designation of critical we will provide an opportunity for proposed are on drainage ditches or habitat will not impact a farmer’s right interested parties to comment. natural streams. to farm nor dictate production practices. (9) Comment: Topeka shiner Our Response: The critical habitat If a private producer plans actions with populations are in decline, and failure maps were created as a graphical Federal sponsorship that may affect the to designate critical habitat in South representation of Topeka shiner critical Topeka shiner or adversely modify Dakota will lead to their extirpation. habitat. The maps and GIS files used to critical habitat, that Federal agency is Healthy populations in the waters of create the critical habitat maps are not required to consult with the Service South Dakota will benefit not only the definitive source of determining the regarding the potential impact to the aquatic and riparian wildlife species, critical habitat boundaries. The reaches species or its habitat. If there is no but the human population as well. proposed for designation were coded to Federal nexus, there is no consultation Our Response: We believe that, with specific legal descriptions of the habitat, requirement, whether critical habitat is the development and implementation of which are included in the amendatory designated or not. These consultation the South Dakota Management Plan for language of this rule. These specific provisions have been in place since the the Topeka Shiner and the ongoing legal descriptions are the definitive listing of the species in 1998. Little new conservation actions underway by source of determining critical habitat regulatory burden will result from private landowners in the State, the boundaries. Larger-scale maps are designation of critical habitat because benefits of excluding critical habitat in available for inspection at the Kansas all designated areas are occupied that State exceed the benefits of Field Office (see ADDRESSES). habitat. Impacts in these areas already designation. In addition, since the time (13) Comment: Recent studies have require consultation. of the species’ listing in 1998, the shown that the Topeka shiner is doing (7) Comment: The designation of Topeka shiner has been found to be very well in South Dakota due to the critical habitat and the implementation much more widely distributed in South effective management practices being of the future recovery plan (see Dakota than previously believed. The implemented by agricultural producers. Comment 8) will interrupt or prohibit best scientific information, at this time, Both further study of the Topeka shiner livestock grazing and feeding in and indicates that exclusion of critical and implementation of the State near areas of critical habitat. Livestock habitat will in no way cause the management plan inappropriately waste operations have been present in these extirpation of the species from South time and State resources. The species areas for more than 100 years and it is Dakota, or the extinction of the species needs no management in South Dakota. apparent that Topeka shiners and across its range as a whole. Our Response: Surveys since the livestock operations can coexist. (10) Comment: Topeka shiner critical Topeka shiner was listed indicate that Our Response: If a livestock producer habitat should extend beyond the the species is present in South Dakota plans actions with Federal sponsorship habitat proposed for designation and in each of the three watersheds where that may affect the Topeka shiner, that include all of the surrounding it was known to exist historically (the Federal agency is required to consult watersheds as well. With the limited Big Sioux, James, and Vermillion River

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watersheds) as well as in nearly all of and eventually be taken off the action is proposed that the Service the historically known occupied endangered species list. finds, in a biological opinion, could streams. Additionally, the Topeka Our Response: We recognize the jeopardize the continuing existence of shiner has been documented in more benefits of the Missouri Action Plan for the species, the action agency could streams in South Dakota than previously the Topeka Shiner, including the proceed with the project without known, and evidence of its persistence partnerships between private modifications, even with the jeopardy has been documented in some areas landowners and the MDC. We conclude opinion. This is not the case if critical where repeated sampling has occurred. that the benefits of excluding habitat is designated. An objection by The reasons for this are not entirely designation in Missouri exceed the the Service would halt the project and clear, but may be due to a variety of benefits that designation would provide. the action agency could not proceed factors, including lack of tributary We recognize that recovery of the until substantial modifications are impoundments and associated stocking species is dependent on solid incorporated into the project. of predatory fish species, low numbers relationships and partnerships between Our Response: Section 7(a)(2) of the of channelized streams, and lack of conservation agencies and private Act requires Federal agencies to satisfy instream gravel-mining practices. These landowners. two standards in carrying out their activities have been implicated in the (16) Comment: The Missouri Action programs. Federal agencies must ensure decline of the Topeka shiner’s status in Plan for the Topeka Shiner mentions that their activities are not likely to—(1) other States. We believe the Topeka tasks required for recovery that are to be jeopardize the continued existence of Shiner Management Plan for the State of completed by other State agencies, any listed species, or (2) result in the South Dakota, which outlines many of including the Missouri Department of destruction or adverse modification of the practices currently ongoing in the Natural Resources (MDNR). To date designated critical habitat. These two State via cooperation with Federal, there has been no formal transmittal of standards (i.e., jeopardy and adverse State, and local governments as well as the Action Plan to the MDNR. The modification) are separate but equal private landowners, provides significant MDNR does not have time, money, or determinations. In other words, benefit to the species, and we encourage personnel to complete these tasks as determining that a project would the State and its numerous partners to envisioned in the Action Plan. adversely modify designated critical Our Response: Although other continue implementing the actions habitat does not have more regulatory agencies are identified in the State outlined in the Plan. weight than determining that the project Action Plan, all identified tasks (14) Comment: Critical habitat would jeopardize the continued attributable to such entities are existence of a species. Although Federal designation offers little or no benefit voluntary. Most of the items in the plan beyond that of the protections afforded agencies can choose to implement a pertaining to the MDNR are actions that project after receiving a biological the species when it was listed. When a the agency regularly performs (e.g., opinion finding jeopardy or adverse species is listed as endangered, actions Clean Water 401 certification, review of modification, any take which results are automatically taken that limit National Pollution Discharge from the action is not exempt from the activities around their habitat. The Elimination System permits). Because provisions of section 9 of the Act. addition of critical habitat forces overly such tasks were already being Additionally, failure to explain in the strict land use constraints and creates performed by MDNR staff, the MDC saw administrative record how the agency contention among various interest no need at the time to formally transmit addressed the Service’s biological groups. Missouri already has a the action plan to MDNR. The MDNR opinion can expose the action agency to management plan for the species, and continues to provide funding and a judicial challenge under both the Act the State can handle recovery efforts personnel for various tasks identified in and the Administrative Procedure Act. without additional involvement from the State action plan. (19) Comment: The Missouri Action the Service. (17) Comment: The Missouri Action Plan for the Topeka Shiner depends Our Response: This rule recognizes Plan for the Topeka Shiner was primarily on voluntary cooperation for the benefits of the Missouri Action Plan unilaterally developed by the MDC. its implementation. for the Topeka Shiner and believe the MDNR, which was assigned tasks in the Our Response: We recognize that the benefits of excluding designation in plan, and citizen’s groups were not Missouri Action Plan is voluntary in Missouri exceed the benefits that involved in development of the plan. regard to the implementation of designation would provide. The Service The plan was conceived and developed conservation tasks. The primary agency will continue to be involved in the by MDC personnel, with minimal responsible for this ‘‘voluntary conservation of the species in Missouri, involvement from other entities, implementation’’ is the MDC. The MDC including section 7 consultation, including the Service. has a long and distinguished record enforcement of section 9 provisions, Our Response: The Service was an involving conservation activities related conservation and recovery actions active participant and consultant to the to the Topeka shiner, dating back prior sponsored by the Service on private team that developed the State action to Federal listing, and has consistently lands, and the continued development plan. The MDC plans to update the State committed personnel and funding to of the range-wide recovery plan for action plan for the Topeka shiner within these tasks. Topeka shiner that includes Missouri. the current calendar year and will (20) Comment: The Missouri Action (15) Comment: In Missouri a solicit input on its development and Plan has failed. Since it came into effect management plan already is being implementation from other potential in 1999 Topeka shiner populations have successfully implemented. This plan is partners, including MDNR. continued to decline in Missouri. The based on partnerships between the (18) Comment: Protections afforded a Bonne Femme Creek population of Missouri Department of Conservation listed species under the section 7 Topeka shiners has likely disappeared (MDC) and private landowners. consultation provisions vary between since the plan’s inception. While there Designating critical habitat in Missouri the ‘‘jeopardy’’ standard and the are many aspects of the plan that are would severely damage these ‘‘adverse modification’’ standard. For laudable, it is clear that recovery has not partnerships and greatly diminish the example, if no critical habitat is resulted, or even progressed. This chances the Topeka shiner will recover designated in Missouri and a Federal voluntary action plan should not be

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allowed to take the place of Federal shiner from Slate Creek were from 1962. if the benefits of exclusion outweigh the designation of critical habitat and an In 2003, Jemerson and Hart Creeks, both benefits of inclusion (16 U.S.C. enforceable Federal plan to assure tributaries to Slate Creek, were sampled 1533(b)(B)(2)). By relying on these recovery. and no Topeka shiners were found management plans, the Service has Our Response: We disagree that the (Kerns, pers. comm. 2004). Additional based its decision on something other Missouri Action Plan for the Topeka sampling in this watershed is planned than the balancing of costs and benefits. Shiner has failed. While it is true some for this year. However, at this time, we Management plans are not sufficiently Missouri populations of the Topeka have not found the species in the Slate beneficial to the species as to outweigh shiner have continued to decline since Creek watershed or confirmed any the benefits of including the areas they the action plan was finalized in 1999, it specimens. cover in the final critical habitat should be recognized that recovery of (22) Comment: Contrary to the designation. Section 4(b)(2) does not the species will not occur rapidly. The Service’s assertion, critical habitat address other management plans as the impacts that now affect the species are provides added benefit to listed species. ultimate deciding factor for excluding generally the result of decades of land- The Service is in possession of at least critical habitat designation. Since the use and land-cover changes that cannot two studies, Rachlinski (1997) and Service asserts that there is no be remedied or corrected in a short Taylor et al. (2003), which demonstrate additional protection over existing period of time. The Missouri plan is that listed species with critical habitat benefit to designating critical habitat, being implemented and conservation are significantly less likely to decline they are ultimately balancing a zero actions completed, contributing toward and more likely to improve than species benefit against overestimated costs and achieving the goal of recovery. The without critical habitat. Designation concluding that the costs outweigh the action plan does not replace the helps to protect unoccupied habitat that benefits. Thus, the Service never Service’s regulatory authorities under is essential to the recovery of the adequately weighed the benefits of the Act. These authorities, under both species. In addition, there are two designation against the risk of sections 7 and 9, will continue into the different standards for consultation designation as required by statute. future. We believe the benefits of under section 7. For species that are Our Response: Pursuant to section excluding critical habitat in Missouri listed without critical habitat, a Federal 4(b)(2) of the Act, we are required to from our designation exceed the benefits agency must only consider whether take into consideration the economic of including it. The recovery of Topeka their action jeopardizes the continuing impact, impact on national security, and shiner will require a combination of existence of the species (in other words, voluntary actions and regulatory whether it will increase the risk of any other relevant impact of specifying oversight. extinction). For species with critical any particular area as critical habitat. (21) Comment: All of the proposed habitat, the agency also must consider We also may exclude any area from habitat in Missouri should be whether the action will destroy or critical habitat if we determine that the designated, plus other habitat where the adversely modify critical habitat (in benefits of such exclusion outweigh the Topeka shiner once existed. Protection other words, whether it will impede benefits of specifying such area as part of this unoccupied habitat will be recovery). Several Federal Circuit Courts of the critical habitat, provided that the essential for the recovery of the species. have recognized this (Sierra Club v. U.S. failure to designate such area will not It also is likely that additional Fish and Wildlife Service, 245 F.3d 434, result in the extinction of the species. populations still exist in other areas of 441–42, 5th Cir. 2001; Greenpeace v. We use information from our economic the species’ Missouri range. According National Marine Fisheries Service, 55 F. analysis, or other sources such as public to knowledgeable fisheries biologists, Supp. 2d 1248, 1265, W.D. Wash. 1999; comments, management plans, etc., to the Topeka shiner still may occur in Conservation Council for Hawaii v. conduct this analysis. A decision to Slate Creek. Additional surveys should Babbitt, 2 F. Supp. 2d 1280, 1287, D. exclude an area is at the discretion of be conducted to identify these sites, and Haw. 1998). the Secretary. However, for us to this habitat should be designated as Our Response: Under section 7 of the consider excluding an area from the well. Act, Federal agencies must consult with designation, we are required to Our Response: We recognize that us on activities they undertake, fund, or determine that the benefits of the recovery of the Topeka shiner in permit that may affect critical habitat exclusion outweigh the benefits (i.e., Missouri will likely require the and lead to its destruction or adverse biological or conservation benefits) of reintroduction to, or recolonization of, modification. However, the Act including the specific area in the additional habitat. However, until the prohibits unauthorized take of listed designation. This is not simply a recovery plan is completed, we cannot species and requires consultation for monetary cost/benefit analysis, identify all potential reintroduction activities that may affect them, however. This is a policy analysis, and sites. We also may identify an including habitat alterations, regardless can include consideration of the experimental population through of whether critical habitat has been impacts of the designation, the benefits section 10(j) of the Act. A nonessential, designated. This is why we have found to the species from the designation, as experimental population could provide that the designation of critical habitat well as policy considerations such as more regulatory flexibility in managing provides little additional protection to national security, tribal relationships, reintroduced populations. The Act most listed species. impacts on conservation partnerships, prohibits the Service from designating (23) Comment: The Service and other public policy concerns. This critical habitat for an experimental misapplies the section 4(b)(2) standard evaluation is done on a case-by-case population, so it has been the Service’s in excluding critical habitat. basis for particular areas based on the practice not to designate critical habitat Throughout the proposed designation, best available scientific and commercial where an experimental population is the Service relies on State management data. In the case of Topeka shiner, we contemplated. plans in Missouri, Kansas, and South are not only considering the State The MDC continues to sample Dakota as justifications for excluding management plans, we are also suitable habitat in hopes of locating areas of critical habitat. However, under considering our partnerships with the additional Topeka shiner populations. section 4(b)(2), the Secretary may only States and with private landowners. The last known records of Topeka exclude critical habitat from designation These partnerships have been critically

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important to the conservation of the Protection Agency (EPA) does not and are thus prohibited from Topeka shiner, and could be undertake water quality sampling. The designating critical habitat on the jeopardized through a designation. We forecast costs reported as ‘‘other,’’ in installation in accordance with section have concluded that benefit of exclusion Appendix B of the Economic Analysis, 4(a)(3) of the Act. outweighs the benefit of inclusion for include two informal consultation Critical Habitat Kansas, Missouri, and South Dakota. efforts by the State of Missouri to revise (24) Comment: The Economic water quality standards and do not Critical habitat is defined in section 3 Analysis overestimates costs in include EPA water quality monitoring of the Act as—(i) the specific areas Missouri, particularly in the Bonne costs. within the geographical area occupied Femme Creek Watershed. by a species, at the time it is listed in Our Response: The Economic Summary of Changes From the accordance with the Act, on which are Analysis relies on information from a Proposed Rule found those physical or biological variety of sources, including the action In preparation for development of our features (I) essential to the conservation agencies conducting, permitting, or final designation of critical habitat for of the species and (II) that may require funding projects, such as the U.S. Army the Topeka shiner, we reviewed special management considerations or Corps of Engineers (Corps) and the comments received on the proposed protection; and (ii) specific areas Natural Resources Conservation Service designation of critical habitat and those outside the geographical area occupied (NRCS) in the Department of received on the revised proposal we by a species at the time it is listed, upon Agriculture, to determine the expected published in early 2004. In addition to a determination that such areas are activities within each watershed likely minor modifications and corrections of essential for the conservation of the to be impacted by conservation legal descriptions, we have made three species. ‘‘Conservation’’ means the use measures associated with the Topeka revisions to our critical habitat of all methods and procedures needed shiner. designation, as follows: to bring an endangered or threatened Based on the high rate of conversion (1) We have excluded from species to the point at which listing of agriculture and forest lands into designation the proposed critical habitat under the Act is no longer necessary. residential, commercial, golf course, and units in the State of Kansas under the Critical habitat receives protection hobby farm development, the Corps authority of section 4(b)(2) of the Act. under section 7 of the Act through the estimates that over the next 10 years the Kansas has a State Endangered Species prohibition against destruction or Bonne Femme Creek watershed is likely Act that provides for special adverse modification of critical habitat to experience growth resulting in up to management and state designation of with regard to actions authorized, twice as many projects as were critical habitat, which is more extensive funded, or carried out by a Federal permitted over the previous 10 years than what the Service originally agency. Section 7 of the Act also (Industrial Economics, Inc. 2004). The proposed under the Federal Endangered requires conferences on Federal actions population of Boone County is expected Species Act. Therefore, we have that are likely to result in the to increase approximately 14 percent concluded that adequate management destruction or adverse modification of from 2005 to 2015, compared to the for the Topeka shiner is already in proposed critical habitat. State of Missouri, which is forecast to place, and that the benefits of exclusion To be included in a critical habitat increase approximately 5 percent over outweigh the benefits of designating designation, the habitat must first be the same time period (Industrial critical habitat in the State. ‘‘essential to the conservation of the Economics, Inc. 2004). (2) We have excluded from species.’’ Critical habitat designations Though there have been no designation the proposed critical habitat identify, to the extent known using the consultations on agriculture and units in the State of Missouri under the best scientific and commercial data ranching activities for the Topeka shiner authority of sections 3(5)(A) and 4(b)(2) available, habitat areas that provide in the past, based on historical program of the Act. Missouri has had a essential life cycle needs of the species participation in the watersheds management plan for the Topeka shiner (i.e., areas on which are found the concerned, the NRCS anticipates future since 1999. We have concluded that primary constituent elements, as consultations. The NRCS expects pond adequate management for the Topeka defined at 50 CFR 424.12(b)). Occupied construction to be an issue over the next shiner is already in place, and that the habitat may be included in critical 10 years (of all the watershed practices benefits of exclusion outweigh the habitat only if the essential features that may impact the Topeka shiner, benefits of designating critical habitat in thereon may require special pond construction is the most common) the State. management or protection. (Industrial Economics, Inc. 2004). Both (3) We have excluded from Our regulations state that, ‘‘The the Service and NRCS anticipate designation the proposed critical habitat Secretary shall designate as critical completing a programmatic consultation units in the State of South Dakota under habitat areas outside the geographic area on all NRCS program activities within the authority of section 4(b)(2) of the presently occupied by the species only the next year. Therefore, the Economic Act. South Dakota completed a State- when a designation limited to its Analysis indicates that it is reasonable, wide management plan for the Topeka present range would be inadequate to given currently available information, to shiner in 2003, and we find that the ensure the conservation of the species’’ anticipate consultation regarding benefits of exclusion outweigh the (50 CFR 424.12(e)). Accordingly, when agriculture in the next 10 years benefits of designating critical habitat in the best available scientific and regarding the Topeka shiner in these the State. commercial data do not demonstrate watersheds (Industrial Economics, Inc. (4) We did not designate critical that the conservation needs of the 2004). habitat on the Fort Riley Military species so require, we will not designate In addition, a comment noted that the Reservation in Kansas because the critical habitat in areas outside the amount reported for ‘‘other’’ forecast installation has an approved INRMP geographic area occupied by the species. costs in Appendix B of the Economic containing special management Section 4(b)(2) of the Act requires that Analysis includes possible water quality considerations for the Topeka shiner. we take into consideration the economic monitoring. The comment stated that We consider the Topeka shiner impact, impacts to national security, this is inaccurate as the Environmental conservation measures to be adequate and any other relevant impact of

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designating any particular area as conservation of the Topeka shiner. We Topeka shiner is within the critical habitat. We may exclude areas reviewed the overall approach to the geographical area presently occupied by from critical habitat designation when conservation of the species undertaken the species and contains the physical or the benefits of exclusion outweigh the by local, State, Tribal, and Federal biological features (PCEs) essential for benefits of including the areas within agencies and private individuals and the conservation of the species. critical habitat, provided the exclusion organizations since the species’ listing The specific PCEs required for Topeka will not result in extinction of the in 1998. We solicited information and shiner habitat are derived from the species. recommendations from knowledgeable biological needs of the Topeka shiner as Our Policy on Information Standards biologists and members of the Topeka described here. Topeka shiners are under the Endangered Species Act, Shiner Recovery Team. The Topeka typically found in small, low order, published in the Federal Register on Shiner Recovery Team is composed of prairie streams with good water quality, July 1, 1994 (59 FR 34271), and our U.S. species experts from academia and relatively cool temperatures, and low Fish and Wildlife Service Information industry, State natural resource agency fish diversity (Minckley and Cross 1959; Quality Guidelines (2002) provide personnel with knowledge of the Cross 1967; Barber 1986; Cross and criteria, establish procedures, and species, and Service staff. It has Collins 1995; Pflieger 1997; Blausey provide guidance to ensure that our completed an agency technical draft 2001). Although Topeka shiners can decisions represent the best scientific Recovery Plan, which we used, in part, tolerate a range of water temperatures, and commercial data available. They to develop this final critical habitat cooler, spring-maintained systems are require our biologists, to the extent designation. We reviewed the available considered optimal (Cross and Collins consistent with the Act and with the use information pertaining to habitat 1995; Pflieger 1997). These streams of the best scientific and commercial requirements of the species received generally maintain perennial flow but data available, to use primary and during the listing process. may become intermittent during original sources of information as the We have reviewed available summer or periods of drought. basis for recommendations to designate information that pertains to the habitat Evermann and Cox (1896) reported on critical habitat. When determining requirements of this species, including surveys from the Nebraska portion of which areas are critical habitat, a information from the final rule listing the Big Blue River watershed, and noted primary source of information should be the species as endangered (63 FR that Topeka shiners occurred in ‘‘pond- the listing package for the species. 69008). In addition, the following like, isolated portions of streams which Additional information may be obtained studies address the habitat requirements dry up in parts of their course during from a recovery plan, articles in peer- and other biological and physical needs dry weather.’’ Minckley and Cross reviewed journals, conservation plans of the Topeka shiner and serve as the (1959) found Topeka shiners ‘‘almost developed by States and counties, best available information in exclusively in quiet, open pools of scientific status surveys and studies, determining critical habitat for the small, clear streams that drain upland biological assessments, or other species—Barber 1986; Blausey 2001; prairies.’’ They also noted that when unpublished materials and expert Cross 1967; Cross 1970; Cross and these streams approach intermittency, opinion or personal knowledge. Collins 1975; Cross and Collins 1995; the pools are maintained at fairly stable This critical habitat designation does Deacon and Metcalf 1961; Gelwicks and levels by percolation through the gravel not signal that habitat outside the Bruenderman 1996; Hatch 2001; Hatch or by springs. Similar habitat designation is unimportant to the and Besaw 2001; Katula 1998; Kerns characteristics are described for Topeka shiner. Areas outside the critical 1983; Leopold et al. 1992; Michels 2000; populations in Missouri by Pflieger habitat designation will continue to be Michl and Peters 1993; Minckley and (1997). In South Dakota, Blausey (2001) subject to conservation actions that may Cross 1959; Pflieger 1975; Pflieger 1997; found that runs were the dominant be implemented under section 7(a)(1), Rosgen 1996; Shranke et al. 2001; Stark macrohabitat type associated with and to the regulatory protections et al. 1999; U.S. Fish and Wildlife Topeka shiner presence, although afforded by the section 7(a)(2) jeopardy Service 1993; Wall et al. 2001. higher densities of the species were standard and the section 9 take collected in pools. While characteristic Primary Constituent Elements prohibition, as determined on the basis of pools with stable water levels and of the best available information at the In accordance with section 3(5)(A)(i) cooler temperatures, Topeka shiners time of the action. We specifically of the Act and regulations at 50 CFR appear to be well adapted to periodic anticipate that federally funded or 424.12, in determining which areas to drought conditions common to prairie assisted projects affecting listed species designate as critical habitat, we must streams and are able to endure acute outside their designated critical habitat consider those physical and biological periods of high water temperatures. For areas may still result in jeopardy features (primary constituent elements example, Kerns (1983) found that even findings in some cases. Similarly, (PCEs)) that are essential to the though mortality of several fish species critical habitat designations made on the conservation of the species, and that was high in desiccating pools, juvenile basis of the best available information at may require special management Topeka shiners seemed especially the time of designation will not control considerations or protection. These drought-resistant. the direction and substance of future include, but are not limited to: Space for In Kansas and Missouri, Topeka recovery plans, habitat conservation individual and population growth, and shiners typically occur in streams with plans, or other species conservation for normal behavior; food, water, air, clean gravel, cobble, or sand bottoms planning efforts if new information light, minerals, or other nutritional or (Pflieger 1975; Kerns 1983; Barber 1986; available to these planning efforts calls physiological requirements; cover or Cross and Collins 1995; Pflieger 1997; for a different outcome. shelter; sites for breeding, reproduction, Blausey 2001). However, bedrock and and rearing (or development) of clay hardpan covered by a thin layer of Methods offspring; and habitats that are protected silt are not uncommon (Minckley and As required by section 4(b)(1)(A) of from disturbance or are representative of Cross 1959). In western Kansas pools the Act, we use the best scientific and the historic geographical and ecological containing Topeka shiners, Stark et al. commercial data available in distributions of a species. The area (1999) determined the primary substrate determining the areas essential to the designated as critical habitat for the to be coarse sand overlain by silt and

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detritus. Similarly, Michl and Peters habitats provided by these nests are of different populations of Topeka (1993) reported the collection of Topeka important to the reproductive success of shiner and suggested that successful shiners from a Nebraska stream having Topeka shiners. These same authors migration, even between adjacent a sand and detritus substrate. reported aggregations of Topeka shiners populations, is rare and that movement While main channel areas may be in close association with fathead over long distances is unlikely. typical of Kansas, Missouri, and South minnow (Pimephales promelas) and Earlier researchers (Kerns 1983; Cross Dakota populations, Topeka shiners in orangespotted sunfish nests, but and Collins 1995) reported that Topeka Minnesota and Iowa appear more observed no spawning activities. In shiners are benthic insectivores that abundant in off-channel oxbows and Minnesota, Hatch (2001) found that feed primarily on midges side channels than in the main channels Topeka shiners used rubble, boulder, (Chironomids), true flies (Dipterans), (Menzel pers. comm. 1999; Hatch 2001). and concrete rip-rap at the margins of and mayflies (Ephemeropterans), with These seasonally flooded habitats also pools and slow runs. Several authors zooplankton (Cladocerans and appear to have a connection with the reported the defense of small territories Copepods) also contributing to their water table, enabling temperature and by breeding male Topeka shiners (Kerns diet. More recent studies have found dissolved oxygen to stay within 1983; Pflieger 1997; Katula 1998; Stark Topeka shiner feeding at a variety of tolerance levels of the species during et al. 1999; Hatch 2001). In Jack Creek, trophic levels and on diverse foods. dry, hot periods. It also suggests that the Chase County, Kansas, Mammoliti Stark et al. (1999) observed Topeka groundwater connection may prevent (Kansas Department of Wildlife and shiners consuming eggs from fathead complete freezing of these pools in Parks, pers. comm. 1999) observed two minnow nests in Willow Creek, Wallace winter. Groundwater availability was a male Topeka shiners defending a County, Kansas. In Minnesota, food primary predictor of Topeka shiner longear sunfish (Lepomis megalotis) included several kinds of zooplankton, presence in South Dakota (Blausey nest as the male sunfish loafed nearby. a variety of immature aquatic insects, 2001). While the species has recently Other authors have noted upstream larval fish, algal and vascular plant been found in some stream sites with movement as reproductive behavior in matter, including seed capsules (Hatch excessive sedimentation, it is unknown Topeka shiners (Minckley and Cross and Besaw 1998). These authors suggest whether it uses these locations year- 1959; Kerns 1983, Barber 1986). that Topeka shiners function both as round, for portions of the year, or during benthic (bottom) and nektonic (water The Topeka shiner is primarily a periods of dispersal. In much of the column) feeders, and propose that the schooling fish and found throughout the range of Topeka shiner, moderate-sized species also may feed from the surfaces water column. Pflieger (1997) noted that mainstem streams likely provide of aquatic plants. occasional dispersal corridors for the the species schooled with other The primary constituent elements for species (Cunningham, Eco-Centrics, cyprinids in mid-water or near the the Topeka shiner consist of: Inc., Omaha, Nebraska, pers. comm. surface. Other studies have reported 1. Streams most often with permanent 1999; Menzel pers. comm. 2001). In Topeka shiners schooling in the lower flow, but that can become intermittent most cases these larger streams do not portion of the water column with during dry periods; provide habitat conditions suitable for central stonerollers (Campostoma 2. Side-channel pools and oxbows the species to complete its necessary life annomalum) (Kerns 1983; Stark et al. either seasonally connected to a stream cycle requirements, but in the Iowa and 1999). While typical of small, headwater or maintained by groundwater inputs, at Minnesota range of the species, oxbow streams, occasionally the species has a surface elevation equal to or lower and other off-channel habitats adjacent been captured in larger streams, than the bankfull discharge stream to these mainstems do provide these downstream of known populations. elevation. The bankfull discharge is the requirements (Menzel pers. comm. Barber (1986) noted variation in flow at which water begins leaving the 2001; Hatch 2001). In these cases, the mobility within a population of Topeka channel and flowing into the floodplain; primary constituent elements of critical shiner based on sex and age class. In the this level is generally attained every 1 habitat are present in the off-channel spring, as precipitation and water to 2 years. Bankfull discharge, while a areas, but not in the larger, mainstem temperatures increased, adult males function of the size of the stream, is a streams themselves, even though they tended to move upstream or fairly constant feature related to the likely provide corridors for dispersion downstream. In many instances, the fish formation, maintenance, and to other areas of suitable habitat. moved back to their original pool. dimensions of the stream channel; Topeka shiners are a short-lived Young-of-the-year fish tended to move 3. Streams and side-channel pools species, rarely surviving to their third downstream in the fall. Others have with water quality necessary for summer in the wild (Minckley and reported displacement of fish unimpaired behavior, growth, and Cross 1959; Cross 1967; Kerns 1983; downstream during periods of high flow viability of all life stages. The water Cross and Collins 1995; Pflieger 1997; (Cross, University of Kansas, pers. quality components can vary seasonally Hatch 2001). The species typically comm. 1994; Tabor pers. comm. 1994). and include—temperature (1 to matures at 12–14 months of age (Kerns Although it is evident that the species 30°Centigrade), total suspended solids 1983; Cross and Collins 1995; Pflieger has some capacity to disperse, at present (0 to 2000 ppm), conductivity (100 to 1997). Based on ovarian development, the degree of dispersal and the species’ 800 mhos), dissolved oxygen (4 ppm or Hatch (2001) suggested that Topeka ability to ‘‘tributary hop’’ is unknown. It greater), pH (7.0 to 9.0), and other shiners are multiple-clutch spawners. has been suggested that populations chemical characteristics; Topeka shiners spawn in pool habitats, found in short, direct tributaries to the 4. Living and spawning areas for adult over green sunfish (Lepomis cyanellus) Missouri River were evidence of a Topeka shiner with pools or runs with and orangespotted sunfish (L. humilis) historic dispersal eastward by ‘‘tributary water velocities less than 0.5 meters/ nests, from late May to August in hopping.’’ However, Deacon and second (approx. 20 inches/second) and Kansas and Missouri (Kerns 1983; Cross Metcalf (1961) found the Topeka shiner depths ranging from 0.1 to 2.0 meters and Collins 1995; Pflieger 1997). Stark to be one of several fishes with a low (approximately 4 to 80 inches); et al. (1999) observed Topeka shiners capacity for dispersal following drought 5. Living areas for juvenile Topeka spawning on the periphery of green conditions. In addition, Michels (2000) shiners with water velocities less than sunfish nests and suggest that the conducted a rangewide genetic analysis 0.5 meters/second (approx. 20 inches/

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second) with depths less than 0.25 available information at the time of the and, therefore, the integrity of upstream meters (approx. 10 inches) and action. We specifically anticipate that and downstream habitats. moderate amounts of instream aquatic federally funded or assisted projects The designation includes cover, such as woody debris, affecting listed species outside their representatives of all known overhanging terrestrial vegetation, and designated critical habitat areas may populations of the species so as to aquatic plants; still result in jeopardy findings in some conserve and protect the genetic 6. Sand, gravel, cobble, and silt cases. Similarly, critical habitat diversity of the species. Information on substrates with amounts of fine designations made on the basis of the the Topeka shiner indicates a high sediment and substrate embeddedness best available information at the time of degree of genetic differentiation among that allows for nest building and designation will not control the many of the remnant populations maintenance of nests and eggs by native direction and substance of future (Michels 2000) making conservation of Lepomis sunfishes (green sunfish, recovery plans, habitat conservation as many of these populations as possible orangespotted sunfish, longear sunfish) plans, or other species conservation important to efforts to preserve genetic and Topeka shiner as necessary for planning efforts if new information diversity. reproduction, unimpaired behavior, available to those planning efforts calls There are streams with some recent growth, and viability of all life stages; for a different outcome. association with Topeka shiners that 7. An adequate terrestrial, The designated critical habitat may not be proposed for designation. semiaquatic, and aquatic invertebrate described below constitutes our best These could include streams with food base that allows for unimpaired assessment of areas needed for the records of one-time captures of Topeka growth, reproduction, and survival of all conservation of Topeka shiner and is shiner; streams for which habitat life stages; based on the best scientific and conditions are unknown; streams with 8. A hydrologic regime capable of commercial information available. The imprecise, generalized, or questionable forming, maintaining, or restoring the designated areas are essential to the capture locations; and streams with flow periodicity, channel morphology, conservation of the species because they severely altered habitat, lacking the fish community composition, off- currently support populations of Topeka primary constituent elements (e.g., channel habitats, and habitat shiner or provide critical links or drainage ditches). components described in the other corridors to other habitat for the species. We used the best scientific primary constituent elements; and The stream segments designated as information and data available in 9. Few or no nonnative predatory or critical habitat in this final rule are making our determination of which nonnative competitive species present. consistent with the preliminary agency stream segments to designate as critical habitat. We compiled information on Criteria Used To Identify Critical technical draft recovery plan first the species and its habitat to create Habitat recovery criterion, which states that recovery of the species will be proposed maps of potentially suitable We are designating critical habitat in recognized as achieved when all stream reaches. We then consulted areas we have determined are essential naturally occurring populations within species experts in academia, members of to the conservation of the Topeka recovery units are determined to be the Topeka Shiner Recovery Team, and shiner. These areas have the primary stable or increasing over a period of 10 biologists from State natural resource constituent elements described above. years. and fish and wildlife agencies familiar According to the best available Important considerations in selection with the species or the watersheds in information, they are all occupied by of areas designated in this rule include areas with the Topeka shiner. We also the species or provide critical links or factors specific to each geographic area, consulted biologists from other Service corridors between occupied habitats. watershed, and stream segment, such as offices in the species’ range. We asked Critical habitat should already have, stream size and length, connectivity, for their review of the stream reaches or have the potential for developing in and habitat diversity, as well as identified on the proposed maps, and the near future, many or all of the rangewide recovery considerations, for any suggested changes or additions. features and habitat characteristics that such as genetic diversity and We opened two public comment periods are necessary to sustain the species. We representation of major portions of the and held seven public meetings to do not speculate about what areas might species’ historical range. The designated solicit input and additional information be found to be essential if better critical habitat reflects the need for from the public and other interested information were available, or what habitat complexes and individual parties or groups. We also solicited peer areas may become essential over time. stream reaches of sufficient size to review from five fisheries scientists. Within the geographic area occupied by provide habitat for Topeka shiner Factors considered in determining the species, we will not designate areas populations large enough to be self- specific stream segments included— that do not now have the primary sustaining over time, despite streams with occupancy and habitat constituent elements that provide fluctuations in local conditions. information for the species; stream essential life cycle needs of the species, Habitat complexes contain reaches with all or some of the primary as defined at 50 CFR 424.12(b). interconnected waters so that Topeka constituent elements for Topeka shiners, Furthermore, we recognize designation shiners can move between areas, at least including those able to attain them in of critical habitat may not include all during certain flows or seasons. The the foreseeable future; habitat models; habitat eventually determined as ability of the fish to repopulate areas information on the species’ ecology and necessary to recover the species. For where they are now depleted or biology; stream morphology and these reasons, areas outside the critical extirpated is vital to the species’ hydrology information; regional habitat habitat designation will continue to be conservation. Some complexes may use by the species, such as use of side- subject to conservation actions that may include stream reaches with minimal channel pools in Iowa and Minnesota; be implemented under section 7(a)(1) instream habitat, but which provide major habitat alterations, such as and the regulatory protections afforded migration corridors for Topeka shiners. channelization and dams; and by the section 7(a)(2) jeopardy standard These corridors play a vital role in the information on the mobility of Topeka and the section 9 take prohibition, as dispersal of the species and the overall shiner in reference to connectivity of determined on the basis of the best functioning of the aquatic ecosystem adjacent stream reaches and to home

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range and dispersal characteristics. include grass waterways, riparian shiners because the overall water Information and suggested changes fencing, and best management practices quality, substrate, and stream flow provided by the individuals and for construction projects and ditch characteristics can support healthy agencies that reviewed the proposed maintenance (63 FR 69008). populations of the species when maps were carefully considered and recovery efforts are implemented. In Critical Habitat Designation implemented where they were accordance with our conservation consistent with the Service’s criteria for Tables 1 and 2 summarize the strategy for this species, it is important designating critical habitat. location and extent of designated to provide special management to all The designation includes 83 stream critical habitat. We provide general stream reaches that we know are segments, encompassing 1,356 km (836 descriptions of the boundaries of occupied. mi) of stream in Iowa, Minnesota, and designated critical habitat units below. Nebraska. This includes adjacent off- Iowa channel pool habitats in Iowa and TABLE 1.—NUMBER OF STREAM SEG- Raccoon River Watershed Minnesota. The stream segments are MENTS AND TOTAL STREAM MILEAGE 1. North Raccoon River Complex (19 within five major watersheds in the BEING DESIGNATED AS CRITICAL stream segments), Calhoun, Carroll, States of Iowa, Minnesota, and HABITAT FOR TOPEKA SHINER, BY Dallas, Greene, Sac, and Webster Nebraska. These 83 designated stream STATE Counties, Iowa—Multiple tributary segments encompass 8 stream streams and some of their adjacent off- complexes (2 or more connecting stream Number of channel pool habitats in this complex segments) and 2 individual, isolated Total stream State stream mileage have recent collection records for streams. All habitat previously proposed segments Topeka shiners. While some habitat in for designation in Kansas, Missouri, and these tributaries has been altered South Dakota is excluded from Iowa ...... 25 225 Minnesota ...... 57 605 (primarily by channelization and designation as critical habitat for Nebraska ...... 1 6 sedimentation), current habitat Topeka shiner (see Exclusions from conditions provide most or all of the Critical Habitat). Total ...... 83 836 Designated critical habitat includes PCEs consistent with designation as the stream channels within the critical habitat. Off-channel pool identified stream reaches and off- TABLE 2.—NUMBER OF STREAM SEG- habitats adjacent to the mainstem of the channel pools and oxbows in Minnesota MENTS AND TOTAL STREAM MILEAGE North Raccoon River also have been and Iowa. Side-channel pools and BEING DESIGNATED AS CRITICAL discovered to be Topeka shiner habitat, and we designate these areas as well. oxbows that are proposed for HABITAT FOR TOPEKA SHINER, BY However, records of Topeka shiners are designation are typically either COUNTY seasonally connected to a stream or lacking from the mainstem of the North have waters maintained by groundwater Number of Raccoon River itself. It is likely that the Stream mainstem provides an important inputs. The defining stream elevation County stream mileage for determining the lateral extent of segments dispersal corridor for the species between tributary streams and off- proposed critical habitat in stream Iowa: channels and off-channel or oxbow channel pools adjacent to the mainstem, Calhoun ...... 8 68 particularly during high-flow events, pools is the elevation equal to the Carroll ...... 2 7 bankfull discharge stream elevation. The Dallas ...... 3 3 but the habitat components within the bankfull discharge is the flow at which Greene ...... 8 87 mainstem itself do not provide the PCEs water begins leaving the channel and Hamilton ...... 1 1 necessary for proposing it for flowing into the floodplain (Rosgen Lyon ...... 3 16 designation as critical habitat. Primary 1996). This level is generally attained Osceola ...... 1 5 threats to the Topeka shiner that require every 1 to 2 years (Leopold et al. 1992). Sac ...... 4 12 special management in this watershed Webster ...... 1 9 include agricultural practices and Bankfull discharge, while a function of Wright ...... 3 16 the size of the stream, is a fairly Minnesota: channelization that increase constant feature related to the Lincoln ...... 4 27 sedimentation and other water quality formation, maintenance, and Murray ...... 2 19 impacts. Special management for the dimensions of the stream channel Nobles ...... 14 115 Topeka shiner in this watershed would (Rosgen 1996). Pipestone ...... 21 196 include grass waterways and terracing Rock ...... 25 247 to reduce erosion, and implementation Special Management Considerations or Nebraska: of best management practices for ditch Protection Madison ...... 1 6 maintenance. In this unit, we are When designating critical habitat, we proposing 19 stream segments within assess whether the areas determined to Note: Many stream segments occur in more portions of the following tributaries and be essential for conservation may than one county, thus inflating the total their qualifying, adjacent off-channel require special management number per State, if totaled. habitat for designation—Indian Creek, considerations or protection. Primary Ditch 57, and Outlet Creek; Camp Creek threats and special management Critical Habitat Unit Descriptions and West Fork Camp Creek; Prairie considerations are described below on a We are designating the following Creek; Lake Creek; Purgatory Creek; unit-by-unit basis (see Critical Habitat areas as critical habitat for the Topeka Cedar Creek, West Cedar Creek, and East Unit Descriptions). Overall, major shiner. These areas constitute our best Cedar Creek; Short Creek; Hardin Creek; threats to this species include assessment at this time of the areas Buttrick Creek, West Buttrick Creek, and sedimentation caused by agricultural essential for the conservation of the East Buttrick Creek; and Elm Branch practices, ditch maintenance, and road Topeka shiner that may require special and Swan Lake Branch. Additionally, construction, as described in the final management. All of these units are qualifying off-channel pool habitat (as listing rule. Measures to improve habitat essential for the conservation of Topeka described in the section on Primary

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Constituent Elements) adjacent to the Rock River Watershed Primary threats to the Topeka shiner mainstem of the North Raccoon River is 4. Rock River Complex (two stream that require special management in this proposed for designation. segments in Iowa), Lyon County, Iowa— watershed include agricultural practices Boone River Watershed The Rock River Complex is comprised and channel maintenance that increases of 2 stream segments in Iowa and 28 sedimentation and other water quality 2. Eagle Creek (one stream segment), stream segments in Minnesota. Topeka impacts. Special management for the Hamilton and Wright Counties, Iowa— shiners have recently been captured Topeka shiner in this watershed would Eagle Creek has several recent throughout much of the Rock River include grass waterways and riparian collections of Topeka shiner even watershed, both from streams and fencing to reduce erosion. though a large portion of its upper basin adjacent off-channel pools and oxbows. has been severely altered by stream 2. Flandreau Creek Complex (four We propose the reach of the Rock River channelization and drainage ditch stream segments in Minnesota), Lincoln from its confluence with Kanaranzi construction. The lower reaches of Eagle and Pipestone Counties, Minnesota— Creek upstream to the border with Creek still retain much of its natural This complex is comprised of four Minnesota, and Kanaranzi Creek from stream morphology, including meanders stream segments in Minnesota and one the confluence with the Rock River and pool habitat. We propose the lower in South Dakota. Topeka shiners have upstream to the Minnesota border. reach of Eagle Creek and qualifying, been recently captured from several Adjacent, qualifying off-channel pool adjacent off-channel pool habitats for localities in this complex. We propose habitats along both stream segments also designation. The upper, channelized, portions of Flandreau Creek and an are proposed. Primary threats to the portions of Eagle Creek are not proposed unnamed tributary, East Branch Topeka shiner that require special for designation. Primary threats to the Flandreau Creek, Willow Creek, and management in this watershed include Topeka shiner that require special adjacent off-channel pool habitat for agricultural practices and management in this watershed include designation. Primary threats to the channelization that increases agricultural practices and Topeka shiner that require special sedimentation and other water quality channelization that increases management in this watershed include impacts. Special management for the sedimentation and other water quality agricultural practices and channel Topeka shiner in this watershed would impacts. Special management for the maintenance that increases include grass waterways and terracing Topeka shiner in this watershed would sedimentation and other water quality to reduce erosion, and implementation include grass waterways and terracing impacts. Special management for the of best management practices for ditch to reduce erosion, and implementation Topeka shiner in this watershed would maintenance. of best management practices for ditch 5. Little Rock River Complex (one include grass waterways and riparian maintenance. stream segment in Iowa), Lyon and fencing to reduce erosion. 3. Ditch 3 and Ditch 19 Complex (two Osceola Counties, Iowa—The Little 3. Split Rock/Pipestone/Beaver Creek stream segments), Wright County, Rock River Complex is comprised of one Complex (18 stream segments in Iowa—The proposed reach of Ditch 3 stream segment in Iowa and two stream Minnesota), Pipestone and Rock extends from its confluence with the segments in Minnesota. Topeka shiners Boone River, upstream to the Humboldt Counties, Minnesota—This complex is have recently been captured in portions County line. Ditch 19 also extends comprised of 18 stream segments in of the Little Rock River watershed, both upstream from its confluence with Ditch Minnesota and 7 in South Dakota. The from streams and adjacent off-channel 3 to the Humboldt County line. While streams and some of their adjacent off- the general map descriptions of these pools and oxbows. We propose the channel pool habitats in this complex streams are termed ‘‘ditches’’ due to reach of the Little Rock River from near have recent collection records for the channelization activities in the past, the town of Little Rock, Iowa, upstream Topeka shiner. While some habitat in both streams have reestablished much of to the Minnesota border, including these tributary streams has been altered, their natural morphology and instream qualifying, adjacent off-channel pool primarily by channelization and habitat conditions in the recent past, habitat. Primary threats to the Topeka sedimentation, current habitat including meanders and pool habitats. shiner that require special management conditions provide most or all of the Habitat components within these in this watershed include agricultural PCEs consistent with designation as streams are consistent with the PCEs practices and channelization that critical habitat. We propose for necessary for designation as critical increases sedimentation and other water designation portions of Pipestone Creek habitat downstream from the Humboldt quality impacts. Special management and two unnamed tributaries; North County line. Topeka shiners have been for the Topeka shiner in this watershed Branch Pipestone Creek and an recently captured from both streams. would include grass waterways and unnamed tributary; and Split Rock Qualifying off-channel pool habitat also terracing to reduce erosion, and Creek and five unnamed tributaries; is proposed. Habitat upstream from the implementation of best management Beaver Creek and two unnamed Humboldt County line is highly practices for ditch maintenance. tributaries; Little Beaver Creek; modified by channelization and is not Minnesota Springwater Creek; and adjacent off- proposed for designation. Primary channel pool habitat. Primary threats to threats to the Topeka shiner that require Big Sioux River Watershed the Topeka shiner that require special special management in this watershed 1. Medary Creek Complex (two stream management in this watershed include include agricultural practices and segments in Minnesota), Lincoln agricultural practices and channelization that increases County, Minnesota—This complex is channelization that increases sedimentation and other water quality comprised of two stream segments in sedimentation and other water quality impacts. Special management for the Minnesota. Topeka shiners recently impacts. Special management for the Topeka shiner in this watershed would have been captured from several Topeka shiner in this watershed would include grass waterways and terracing localities in this complex. We propose include grass waterways and terracing to reduce erosion, and implementation portions of Medary Creek and an to reduce erosion, and implementation of best management practices for ditch unnamed tributary, and adjacent off- of best management practices for ditch maintenance. channel pool habitat for designation. maintenance.

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Rock River Watershed Topeka shiner in this watershed would Effects of Critical Habitat Designation include grass waterways and terracing 4. Rock River Complex (28 stream Section 7 Consultation segments in Minnesota), Murray, to reduce erosion, and implementation Nobles, Pipestone, and Rock Counties, of best management practices for ditch Section 7 of the Act requires Federal Minnesota—The Rock River Complex is maintenance. agencies, including the Service, to comprised of 28 stream segments in 6. Mud Creek Complex (three stream ensure that actions they fund, authorize, or carry out are not likely to destroy or Minnesota and 2 stream segments in segments), Rock County, Minnesota— adversely modify critical habitat. Iowa. Many streams in this complex This complex is comprised of three have been impacted by channelization stream segments. We propose portions Section 7(a) of the Act requires Federal agencies, including the Service, and sedimentation to varying degrees. of Mud Creek and two unnamed to evaluate their actions with respect to These streams are characterized by tributaries, and adjacent off-channel any species that is proposed or listed as predominantly natural morphology, pool habitat for designation. Primary instream pools, and a number of off- endangered or threatened and with threats to the Topeka shiner that require respect to its critical habitat, if any is channel and oxbow pools, with some special management in this watershed short reaches of channelization. Topeka proposed or designated. Regulations include agricultural practices and implementing this interagency shiners have recently been captured channel maintenance that increases throughout much of the Rock River cooperation provision of the Act are sedimentation and other water quality watershed, from both streams and codified at 50 CFR part 402. Section impacts. Special management for the adjacent off-channel pools and oxbows. 7(a)(4) of the Act requires Federal Topeka shiner in this watershed would We propose portions of the following agencies to confer with us on any action include grass waterways and riparian stream reaches, along with adjacent off- that is likely to jeopardize the continued fencing, and implementation of best channel pool habitat for designation— existence of a proposed species or result the Rock River from Minnesota/Iowa management practices for ditch in destruction or adverse modification border, upstream to near Holland, maintenance. of proposed critical habitat. Conference Minnesota, and six unnamed tributaries; Nebraska reports provide conservation East Branch Rock River and an recommendations to assist the agency in unnamed tributary; Kanaranzi Creek, 1. Taylor Creek (one stream segment), eliminating conflicts that may be caused East Branch Kanaranzi Creek, and three Elkhorn River Watershed, Madison by the proposed action. The unnamed tributaries; Norwegian Creek County, Nebraska—A small population conservation recommendations in a and an unnamed tributary; Ash Creek; of Topeka shiners exists in this stream, conference report are advisory. If a Elk Creek and an unnamed tributary; with two recent captures of the species. species is listed or critical habitat is Champepadan Creek and three This is the only stream in Nebraska with designated, section 7(a)(2) requires unnamed tributaries; Mound Creek; capture records for the species since Federal agencies to ensure that activities Poplar Creek and an unnamed tributary; 1989, and is the only proposed critical they authorize, fund, or carry out are not and Chanarambie Creek and North habitat in the greater Platte River likely to jeopardize the continued Branch Chanarambie Creek. Primary watershed. Taylor Creek is somewhat existence of such a species or to destroy threats to the Topeka shiner that require modified in portions of its watershed, or adversely modify its critical habitat. special management in this watershed but retains several of the PCEs necessary If a Federal action may affect a listed include agricultural practices and for designation as critical habitat, species or its critical habitat, the channelization that increases including stream morphology, pools, responsible Federal agency (action sedimentation and other water quality and instream habitat. The proposed agency) must enter into consultation impacts. Special management for the reach of Taylor Creek is upstream from with us. Through this consultation, the Topeka shiner in this watershed would its confluence with Union Creek, near action agency ensures that the permitted include grass waterways and terracing Madison, Nebraska. Primary threats to actions do not destroy or adversely to reduce erosion, and implementation the Topeka shiner that require special modify critical habitat. of best management practices for ditch management in this watershed include When we issue a biological opinion maintenance. agricultural practices and channel concluding that a project is likely to 5. Little Rock River Complex (two maintenance that increases result in the destruction or adverse stream segments in Minnesota), Nobles sedimentation and other water quality modification of critical habitat, we also County, Minnesota—The Little Rock impacts. Special management for the provide reasonable and prudent River Complex is comprised of two Topeka shiner in this watershed would alternatives to the project, if any are stream segment in Minnesota and one identifiable. ‘‘Reasonable and prudent include grass waterways, grazing stream segment in Iowa. Topeka shiners alternatives’’ are defined at 50 CFR management plans and riparian habitat have recently been captured in portions 402.02 as alternative actions identified protection projects to reduce erosion. of the Little Rock River watershed, both during consultation that can be from streams and adjacent off-channel Land Ownership implemented in a manner consistent pools and oxbows. We propose the with the intended purpose of the action, reaches of the Little Rock River from the The vast majority (approximately 99 that are consistent with the scope of the Minnesota/Iowa border, upstream to percent) of proposed critical habitat is Federal agency’s legal authority and near Rushmore, Minnesota, and in private ownership. Private lands are jurisdiction, that are economically and portions of Little Rock Creek, including primarily used for grazing and technologically feasible, and that the adjacent off-channel pool habitat. agriculture, but also include some Director believes would avoid Primary threats to the Topeka shiner urban, suburban, and industrial areas. destruction or adverse modification of that require special management in this The remaining one percent of lands are critical habitat. Reasonable and prudent watershed include agricultural practices owned by State, county and local alternatives can vary from slight project and channel maintenance that increases governments, and are used for public modifications to extensive redesign or sedimentation and other water quality recreation, flood control projects and relocation of the project. Costs impacts. Special management for the bridge crossings. associated with implementing a

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reasonable and prudent alternative are continued existence of the species. (5) Introducing, spreading, or similarly variable. These actions include, but are not augmenting nonnative aquatic species Regulations at 50 CFR 402.16 require limited to: in any of the designated stream Federal agencies to reinitiate (1) Significantly and detrimentally segments that increases predation, and consultation on previously reviewed altering the minimum flow or the competition for habitat and food. actions in instances where critical natural flow regime of any of the Possible actions include fish stocking habitat is subsequently designated and designated stream segments from for sport, aesthetics, biological control, the Federal agency has retained impoundment, groundwater pumping, or other purposes; use of live bait fish; discretionary involvement or control and water diversion that would cause aquaculture; construction and operation over the action or such discretionary the elimination or reduction of scouring of canals; and interbasin water transfers. involvement or control is authorized by flows; prolonged release of high flows; law. Consequently, some Federal We consider all of the units we are and habitat fragmentation. These designating as critical habitat to be agencies may request reinitiation of impacts threaten maintenance of pool consultation or conference with us on occupied by the Topeka shiner. We are habitat needed for Topeka shiner not designating habitat in the actions for which formal consultation survival and successful reproduction. has been completed, if those actions unoccupied historic range of the Groundwater pumping and water species. We are designating some stream may affect designated critical habitat or diversion threaten water availability to adversely modify or destroy proposed segments with no records of capture that the species and can reduce water quality possess the primary constituent critical habitat. impacting reproductive success. We We may issue a formal conference elements of Topeka shiner habitat and note that flow reductions that result connect occupied stream segments. report if requested by a Federal agency. from actions affecting tributaries of the These likely harbor the species during Formal conference reports on proposed proposed stream reaches also may certain flow conditions. Federal critical habitat contain an opinion that destroy or adversely modify critical agencies consult with us on activities in is prepared according to 50 CFR 402.14, habitat; as if critical habitat were designated. We areas currently occupied by the species (2) Significantly and detrimentally may adopt the formal conference report or if the species may be affected by the altering the characteristics of the as the biological opinion when the action to ensure that their actions do not riparian zone in any of the designated critical habitat is designated, if no jeopardize the continued existence of stream segments resulting in increased substantial new information or changes the species. sedimentation of Topeka shiner in the action alter the content of the spawning habitat and decreased water opinion (see 50 CFR 402.10(d)). Previous Section 7 Consultations Activities on Federal lands that may quality. Possible actions would include vegetation manipulation, timber harvest, A small number of section 7 affect the Topeka shiner or its critical consultations for Federal actions habitat will require section 7 road construction and maintenance, livestock grazing, off-road vehicle use, affecting the Topeka shiner and its consultation. Activities on private or habitat have preceded this critical State lands requiring a permit from a powerline or pipeline construction and repair, mining, and urban and suburban habitat designation. The action agencies Federal agency, such as a permit from have included the Corps, EPA, FHA, the Army Corps under section 404 of the development; and NRCS. Since the Topeka shiner was Clean Water Act, a section 10(a)(1)(B) (3) Significantly and detrimentally listed on December 15, 1998, we have permit from the Service, or some other altering the channel morphology of any conducted more than 26 informal and 3 Federal action, including funding (e.g., of the stream segments listed above that formal consultations involving the Federal Highway Administration (FHA) would cause elimination of pool habitat, species. These consultations addressed or Federal Emergency Management degradation of Topeka shiner spawning a range of actions, including bridge Agency funding), will also continue to habitat, and decreased water quality construction, highway maintenance, be subject to the section 7 consultation effecting the species’ reproduction and stream bank stabilization, and water process. Federal actions not affecting survival. Possible actions include quality discharge permits. The listed species or critical habitat and channelization, impoundment, road and designation of critical habitat will have actions on non-Federal and private bridge construction, deprivation of no impact on private landowner lands that are not federally funded, substrate source, destruction and activities that do not require Federal authorized, or permitted do not require alteration of riparian vegetation, funding or permits. Determinations section 7 consultation. reduction of available floodplain, Section 4(b)(8) of the Act requires us removal of gravel or floodplain terrace regarding adverse modification of to briefly evaluate and describe in any materials, reduction in stream flow, and critical habitat are only applicable to proposed or final regulation that excessive sedimentation from mining, activities approved, funded, or carried designates critical habitat those livestock grazing, road construction, out by Federal agencies. activities involving a Federal action that timber harvest, off-road vehicle use, and If you have questions regarding may destroy or adversely modify such other watershed and floodplain whether specific activities will likely habitat, or that may be affected by such disturbances; constitute destruction or adverse designation. Activities that may destroy (4) Significantly and detrimentally modification of critical habitat, contact or adversely modify critical habitat altering the water chemistry in any of the Field Supervisor, Kansas Ecological include those that appreciably reduce the designated stream segments that Services Field Office (see ADDRESSES). the value of critical habitat to the reduces water quality thereby impacting Requests for copies of the regulations on Topeka shiner. We note that such reproductive success and recruitment of listed wildlife and inquiries about activities may also jeopardize the young fish into the adult population. prohibitions and permits may be continued existence of the species. Possible actions include release of addressed to the U.S. Fish and Wildlife Federal agencies already consult with chemical or biological pollutants into Service, Division of Endangered us on activities in areas currently the surface water or connected Species, P.O. Box 25486, Denver, occupied by the species to ensure that groundwater at a point source or by Colorado 80225 (telephone 303–236– their actions do not jeopardize the dispersed release (non-point); and 7400; facsimile 303–236–0027).

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Application of Section 3(5)(A) and as critical habitat, unless the failure to comments received during the public Section 4(b)(2) of the Act designate such area as critical habitat comment periods. As a result, we have Section 3(5)(A) of the Act defines will result in the extinction of the identified certain areas that are critical habitat as the specific areas species. excluded from the final critical habitat within the geographic area occupied by We have completed an analysis of the designation. economic impacts of designating In our critical habitat designations, we the species on which are found those specific areas as Topeka shiner critical use both the provisions outlined in physical and biological features (I) habitat. The economic analysis was sections 3(5)(A) and 4(b)(2) of the Act to essential to the conservation of the conducted in a manner that is consistent evaluate those specific areas that we are species and (II) which may require with the ruling of the 10th Circuit Court considering proposing designating as special management considerations and of Appeals in N.M. Cattle Growers Ass’n critical habitat as well as for those areas protection. Therefore, areas within the v. USFWS, 248 F.3d 1277 (2001). It was that are formally proposed for geographic area occupied by the species available for public review and designation as critical habitat. Lands we that do not contain the features essential comment during the comment periods have found do not meet the definition for the conservation of the species are for the proposed rule. of critical habitat under section 3(5)(A) not, by definition, critical habitat. In our evaluation of potential critical or have excluded pursuant to section Similarly, areas within the geographic habitat, our consideration of economic 4(b)(2) include those covered by the area occupied by the species that do not factors included: (1) Costs to us and following types of plans if they provide require special management also are Federal action agencies from increased assurances that the conservation not, by definition, critical habitat. To workload to conduct consultations measures they outline will be determine whether an area requires under section 7 of the Act and technical implemented and effective: (1) Legally special management, we first determine assistance associated with critical operative HCPs that cover the species; if the essential features located there habitat; (2) costs of modifying projects, (2) draft HCPs that cover the species and generally require special management to activities, or land uses resulting from have undergone public review and address applicable threats. If those consultations involving critical habitat; comment (i.e., pending HCPs); (3) Tribal features do not require special (3) costs of delays from increased conservation plans that cover the management, or if they do in general but consultations involving critical habitat; species; (4) State conservation plans that not for the particular area in question (4) costs of reduced property values or cover the species; (5) National Wildlife because of the existence of an adequate income resulting from increased Refuge System Comprehensive management plan or for some other regulation of critical habitat designation; Conservation Plans; and (6) other reason, then the area does not require (5) potential offsetting economic conservation efforts by State and local special management. benefits associated with critical habitat. governments and groups that provide We consider a current plan to provide Other relevant impacts considered in the necessary conservation benefits for adequate management or protection if it this evaluation included: (1) The the species, and which may cease if meets three criteria: (1) The plan is willingness of landowners and land critical habitat is designated. complete and provides a conservation managers to work with natural resource In this designation of critical habitat benefit to the species (i.e., the plan must agencies and participate in voluntary for the Topeka shiner, we exclude all maintain or provide for an increase in conservation activities that directly proposed critical habitat in the State of the species’ population, or the benefit the Topeka shiner and other Missouri pursuant to section 3(5)(A) and enhancement or restoration of its habitat threatened or endangered species, 4(b)(2), and all proposed critical habitat within the area covered by the plan); (2) including such cooperative partnerships in the States of Kansas and South the plan provides assurances that the as Safe Harbor Agreements; (2) the Dakota pursuant to section 4(b)(2) of the conservation management strategies and implementation of various cooperative Act. These States have all completed actions will be implemented (i.e., those conservation measures agreed to management or recovery plans for the responsible for implementing the plan through various State and local species, which are in various stages of are capable of accomplishing the partnerships, such as those outlined in implementation. No HCPs that include objectives, and have an implementation the action or management plans or Topeka shiners are under development schedule or adequate funding for through similar collaborative efforts; (3) or completed. implementing the management plan); management or regulatory flexibility, and (3) the plan provides assurances such as the establishment of Kansas that the conservation strategies and nonessential experimental populations We previously proposed 63 stream measures will be effective (i.e., it under section 10(j) of the Act, to recover segments encompassing 945 km (587 identifies biological goals, has Topeka shiners through reintroductions; mi) of stream in the State of Kansas as provisions for reporting progress, and is and (4) opportunities and interest of Federal critical habitat for Topeka of a duration sufficient to implement the landowners to participate in various shiner. In our March 17, 2004, Federal plan and achieve the plan’s goals and incentive and assistance programs Register notice (69 FR 12619), we objectives). offered by the Service and other Federal, notified the public that we were Section 4(b)(2) of the Act states that State, and local agencies that restore considering excluding the previously critical habitat shall be designated, and habitats and improve water quality in proposed stream segments in Kansas revised, on the basis of the best watersheds containing Topeka shiners. from designation as critical habitat for available scientific data after taking into The economic analysis, along with the Topeka shiner under section 4(b)(2) of consideration the economic impact, analysis of other relevant beneficial and the Act. national security impact, and any other detrimental impacts, serve as the basis We have evaluated the Recovery Plan relevant impact of specifying any of our analysis under section 4(b)(2) and for the Topeka Shiner in Kansas (Kansas particular area as critical habitat. An our determination of exclusions from Plan), developed by the Kansas area may be excluded from critical critical habitat. This final rule contains Department of Wildlife and Parks habitat if it is determined that the our analysis of economic factors and (KDWP); the protections afforded the benefits of exclusion outweigh the other relevant impacts of designating species and its habitat under the Kansas benefits of specifying a particular area critical habitat, and our consideration of Nongame and Endangered Species

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Conservation Act of 1975 (Kansas Act); habitat in the State for the Topeka appropriate conservation measures for and the associated Topeka shiner shiner than we proposed. State threatened and endangered species conservation actions that have been The objectives of the Kansas Plan are directly upon KDWP through Kansas completed, ongoing, or planned in to: (1) Stabilize, protect, and enhance Administrative Regulations. The KDWP Kansas against the three criteria to existing populations of Topeka shiner also must undertake efforts to conserve determine whether lands require and its habitat in Kansas; (2) identify listed species and pursue increasing ‘‘special management considerations or unoccupied areas of historic habitat their populations and improving their protections.’’ The Kansas Plan and capable of supporting, or capable of habitats to the point that they are no Kansas Act clearly provide conservation being restored to support the species, longer listed under the Kansas Act. benefits to the species. The Kansas Plan and reintroduce populations to these Kansas Administrative Regulations and Kansas Act provide assurances that areas; (3) downlist (to Species In Need require the KDWP to issue special conservation efforts will be of Conservation status) and delist the action permits for activities that affect implemented because KDWP has species as identified by State recovery species listed as threatened or authority to implement the Kansas Plan criteria. The Kansas Plan identifies four endangered, where an action is defined and Kansas Act, has demonstrated a separate and distinct recovery units as ‘‘an activity resulting in the physical history of funding and staffing the based on watershed boundaries, genetic alteration of a listed species’ critical Kansas Act, has funded and staffed variability between units, and degree of habitat, physical disturbance of a listed conservation activities for Topeka geographic isolation. Each recovery unit species, or destruction of individuals of shiner in the past, and has completed or supports known populations and a listed species.’’ These activities must begun work on many significant contains habitat features that provide be publicly funded, State or federally elements of the Kansas Plan. The Kansas the physiological, behavioral, and assisted, or require a permit from Plan and efforts of KDWP are effective ecological requirements essential for the another State or Federal government because they include biological goals, species. agency to be included as activities that The recovery criteria established in restoration objectives, and monitoring fall under KDWP’s regulatory purview the Kansas Plan for downlisting are: (1) consistent with a Service agency where action permits could be required. All naturally-occurring populations technical draft recovery plan. The Critical habitat as defined under the within the Kansas, Big Blue, and regulatory purview provided by the Kansas Act is—(1) Specific areas Cottonwood recovery units are Kansas Act, and the essential elements documented as currently providing determined to be stable or increasing for of the Kansas Plan, provide for special essential physical and biological 10 years; (2) a minimum of eight management of the Topeka shiner. We features and supporting a self-sustaining reintroduction efforts have been have determined that adequate special population of a listed species; or (2) implemented and monitored for 3 years management and protection are in the above recovery units; and (3) the specific areas not documented as provided by State-designated critical natural population in the Upper Smoky currently supporting a listed species, habitat and a legally-operative plan that Hill recovery unit is stable or increasing but determined essential for the listed addresses the maintenance and for 10 years, and a minimum of two species by the Secretary (of KDWP). improvement of essential habitat reintroductions in that recovery unit has Operationally, documentation relies on elements and that provides for the long- occurred and been monitored for 3 occurrence records of the species or term conservation of the species, as years. The delisting criterion is identification of the essential habitat measured by the three criteria listed in considered met when all populations requirements as obtained through field the introductory paragraphs of this (natural and introduced) are determined assessment and scientific studies section of the preamble. stable or increasing for a period of 10 conducted by KDWP, State universities, In Kansas, the Topeka shiner years. Provisions for statistically sound, and other qualified individuals or historically occurred in small, long-term monitoring of Topeka shiner organizations. State critical habitat is headwater streams throughout much of populations in Kansas are included in designated by the KDWP. the State, including the Kansas, Big the Kansas Plan. The KDWP’s Environmental Services Blue, Smoky Hill, Saline, Republican, The Kansas Plan contains a narrative Section (ESS) is responsible for Arkansas, and Cottonwood Rivers outline, which briefly describes each reviewing proposed activities that fall watersheds. The Topeka shiner has been recovery action needed for the recovery under KDWP’s regulatory purview. The a focal species for planning and of the Topeka shiner in Kansas. The ESS personnel conduct environmental conservation efforts in the State since KDWP also provides an implementation reviews of these projects, including the early 1990s. In December 1999, the schedule for these actions. Of the 29 potential effects to threatened and KDWP listed the Topeka shiner as a tasks listed in the schedule, 13 are endangered species and State- threatened species under the Kansas ongoing. There are presently three designated critical habitats. The ESS Act, and designated State critical habitat Service-sponsored (section 6 funding) personnel issue action permits for for the species as required by the Kansas research efforts involving Topeka activities that will affect listed species Act. Shortly afterwards KDWP formed shiners funded in the State. The KDWP or their critical habitats. Special the Topeka Shiner Advisory Committee, are partners, along with the Service and conditions are incorporated into the a 12-member group with representatives three different watershed districts, in action permits to help offset negative from academia, watershed districts, three individual conservation effects to listed species or critical State and local agencies, and private agreements for the Topeka shiner. habitats. Permit conditions can limit interest groups, to work with KDWP to The Kansas Act protects State and where and when (e.g., spawning date provide input into the recovery federally listed species in Kansas. The restrictions) construction activities planning effort and disseminate Kansas Act was implemented to protect occur and require restoration, creation, information to the public and private State-listed species classified as and perpetual protection of existing landowners on a local scale. The threatened, endangered, or ‘‘species in habitats. The KDWP can refuse to issue Recovery Plan for the Topeka Shiner in need of conservation’’ within Kansas. an action permit for activities that affect Kansas is expected to be finalized by the The Kansas Act places the responsibility listed species and critical habitats if KDWP in 2004 and will designate more for identifying and undertaking these activities cannot be adequately

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mitigated to offset the negative effects to Service and landowners by maintaining Missouri a listed species and its critical habitats. the ability to reintroduce the Topeka In the proposed rule, we proposed not Each calendar year, ESS personnel shiner to formerly occupied streams in to include stream segments in the State conduct environmental reviews for Kansas by experimental populations of Missouri in proposed critical habitat, approximately 750 new proposed under section 10(j) of the Act. based on our interpretation of section activities that fall under KDWP’s Recovery of listed species is often 3(5)(A) of the Act (67 FR 54261). In our regulatory purview. Since the Topeka achieved through partnerships and March 17, 2004, Federal Register notice shiner was listed by the State of Kansas voluntary actions. Through previous (69 FR 12619), we also proposed on November 11, 1999, through conservation actions (e.g., conservation excluding Missouri under Section December 31, 2003, ESS staff have agreements with watershed districts), 4(b)(2) of the Act. conducted environmental reviews for the KDWP has gained the cooperation of We have evaluated the Action Plan for 2,814 new proposed activities, of which some local governmental entities and the Topeka Shiner in Missouri (Action 59 included the Topeka shiner. Of the landowners and has been successful in Plan) and associated Topeka shiner 59 projects, 5 required action permits be developing voluntary conservation conservation actions that have been issued by KDWP. partnerships. Cooperators, with the The KDWP presently has 68 stream completed, are ongoing, or are planned assistance of KDWP, are implementing in Missouri, against the three criteria to segments designated as State critical conservation measures for the Topeka habitat for the Topeka shiner, determine whether lands require shiner and its habitat in accordance ‘‘special management considerations or representing over 1,046 km (650 mi) of with management objectives outlined in stream. The Service previously protections.’’ The Action Plan clearly the Kansas Plan. These actions range provides conservation benefits to the proposed 63 stream segments from allowing access to private lands for representing 945 km (587 mi) of stream species; the Action Plan provides surveys and site visits to rehabilitation assurances that conservation efforts will as Federal critical habitat. of habitat and implementation of In our March 17, 2004, Federal be implemented because MDC has measures to control erosion and Register notice (69 FR 12619), we stated authority to implement the plan, has put sedimentation. The partners have that we were considering excluding the in place the funding and staffing committed to conservation measures previously proposed stream segments in necessary to implement the Plan, and benefiting the Topeka shiner that are Kansas from designation as critical has completed or begun work on many greater than the benefits of designating habitat for Topeka shiner under section significant elements of the Plan; and the critical habitat. Excluding these areas 4(b)(2) of the Act. In our evaluation of Action Plan and efforts of MDC will be from the designation will send a potential critical habitat sites in Kansas, effective because they include biological positive message to our partners and we conducted an analysis of the goals, restoration objectives, and reinforce their commitment to shiner economic impacts and other relevant monitoring consistent with a Service conservation. impacts of designating critical habitat. preliminary draft recovery plan. The The Economic Analysis of Critical We provide the following 4(b)(2) Missouri Action Plan provides for Habitat Designation for the Topeka analysis of the benefits of inclusion and special management of the Topeka Shiner determined that the total the benefits of exclusion in assessing shiner under the definition of critical potential economic costs for Kansas this exclusion of critical habitat in habitat in section 3(5)(A) of the Act. range from $2.3 million to $5.1 million Kansas. In Missouri, the Topeka shiner over 10 years (Industrial Economics, historically occurred in small, (1) Benefits of Inclusion Inc. 2004). headwater streams in northern portions The principal benefit of designating In summary, we view the continued of the State, within the Missouri/Grand critical habitat is that federally funded application of the regulatory authority River Watershed. The Topeka shiner has or authorized activities that adversely of State-designated critical habitat, the been a focal species for planning and affect critical habitat must undergo implementation of the Kansas Plan, and conservation efforts in the State since consultation under section 7 of the Act. the cooperative conservation the mid-1990s. In 1995, the MDC Consultations on Federal actions partnerships with landowners to be established a 5-member Topeka Shiner involving critical habitat ensure that essential for the conservation of the Working Group, and a 16-member habitat needed for the survival and Topeka shiner in Kansas. We conclude Advisory Group to direct, implement, recovery of a species is not destroyed or that the benefits of including Federal and facilitate Topeka shiner recovery adversely modified, in addition to the critical habitat in Kansas are small due actions in Missouri. In 1996, the MDC, jeopardy standard applied to all listed to KDWP’s regulatory purview over with approval of the Conservation species. State critical habitat and the ongoing Commission of Missouri (Conservation implementation of conservation actions, Commission), listed the Topeka shiner (2) Benefits of Exclusion as identified in the Kansas Plan, and as an endangered species under the The benefits of excluding Kansas from that the benefits of excluding Kansas State’s Wildlife Code (Conservation designated critical habitat include— areas from Federal critical habitat Commission 2001). maintenance of effective working exceed the limited benefits of including In 1999, the Conservation partnerships to promote the them. Furthermore, we determine that Commission established the Private conservation of the Topeka shiner and exclusion from critical habitat in this Lands Services Division within the its habitat; establishment of new State will not result in the extinction of MDC. Eighty-three MDC staff were partnerships; providing benefits from the Topeka shiner. In accordance with redirected to private land conservation the Kansas Plan to the Topeka shiner section 4(b)(2) of the Act, we determine throughout the State, including a and its habitat which exceed those that that the benefits of excluding critical minimum of 16 Private Lands Service would be provided by the designation of habitat in Kansas outweigh the benefits personnel with responsibility for the critical habitat; avoiding added of designating critical habitat, and counties with Topeka shiner habitat. administrative costs to the Service, exclude areas in Kansas containing Duties of personnel within this division Federal agencies, and applicants; and primary constituent elements from the include the facilitation of conservation future regulatory flexibility for the critical habitat designation. efforts on private property throughout

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Missouri for all federally listed species, routine aspect of their job within the recovery of the Topeka shiner in including the Topeka shiner. Missouri/Grand River Watershed. Missouri. Implementation of recovery Additionally, there are at least 86 In January 1999, the MDC adopted efforts for the Topeka shiner in fisheries, forestry, natural history, and approved an Action Plan for the Missouri, as outlined in the Action Plan, protection, and wildlife staff delivering Topeka shiner in Missouri (MDC 1999). is ongoing. The current status of services to private landowners as a The Action Plan identifies recovery tasks outlined in the Action comprehensive conservation measures Plan is described in Table 3 below: and programs necessary to achieve

TABLE 3.—STATUS OF TASKS IN THE ACTION PLAN FOR THE TOPEKA SHINER IN MISSOURI

Item Status

Establishment of the Missouri Topeka Shiner Working Group ...... Complete & Ongoing. Development & ongoing implementation of the Action Plan ...... Complete (1999) & Ongoing. Establishment of permanent sampling sites & standardized monitoring of Missouri’s Topeka shiner Annual Monitoring—Ongoing/Initiated populations & completion of recent Statewide survey for the species. (began in 2000) Statewide Sur- veying—Complete & Ongoing. Initiation of artificial propagation of Topeka shiners, including the development & refinement of captive Complete & Ongoing. rearing techniques. Completion of genetic analysis of different populations of Topeka shiners in Missouri ...... Complete. Incorporation of Topeka shiner recovery & conservation efforts in State strategic planning documents Complete & Ongoing. on several different levels. Development & dissemination of public outreach & education materials throughout Missouri & else- Complete & Ongoing. where. Completion & dissemination of several ecological & life history studies on Topeka shiner ...... Ongoing/Initiated. Securing matching funds from the Service to conduct surveys & ecological studies, & for various habi- Complete & Ongoing. tat restoration & enhancement activities. Revision of the Action Plan that will include actions not yet completed since 1999 & those Planned. uncompleted actions identified in the Service’s preliminary draft recovery plan. Implementation of a landowner incentive program & completion of a study on the potential impacts of Completed (Confined Animal Feeding Confined Animal Feeding Operations within the Moniteau Creek Watershed. Operations study) Ongoing/Initiated (landowner incentive program). Development of 10-year fish monitoring plans for Moniteau, Bonne Femme, & Sugar Creek Water- Complete—Plan developed with initial sheds. sampling conducted in 2000 & annual sampling since. Development & implementation of Sugar Creek subbasin management plan ...... Complete & Ongoing. Development & implementation of a Three Creeks Conservation Area management plan ...... Complete & Ongoing. Protection & management of Bonne Femme Creek by establishing these watersheds as Missouri De- Complete & Ongoing. partment of Natural Resources’ Non-point Source Pollution Special Area Land Treatment water- sheds. Reestablishment or restoration of riparian corridors through tree plantings, natural regeneration, fenc- Initiated/Ongoing. ing to restrict livestock use of stream banks, creation of alternative livestock watering sources, es- tablishment of warm season grass buffer strips, stream bank stabilization activities, & actions out- lined in grazing plan developed for private landowners within the Bonne Femme, Moniteau, & Sugar Creek Watersheds.

Assurances that the Action Plan will Shiner Recovery Team, and other MDC’s revisions to the Action Plan, be implemented and conservation of the Federal, State, and private entities. scheduled for completion in 2004, will Topeka shiner will be achieved in The Private Land Services Division focus on incorporating any of the Missouri are demonstrated by the within MDC greatly facilitates the recovery actions outlined in a Service following actions. Between January implementation of recovery actions on preliminary draft recovery plan that are 1999 and December 31, 2003, at least private property where the species currently not addressed. The scientific $351,100 was spent on recovery actions currently exists or where the species soundness of the MDC’s Action Plan for the Topeka shiner in Missouri, and may be reintroduced. The planned was further validated by the Recovery that total is likely to increase to at least expansion of our Partners for Fish and Team when the Action Plan’s $600,000 within the next 10 years. Wildlife Program within Topeka monitoring protocol and Eighty percent (i.e., 12 of 15) of the shiner—occupied habitat will benefit an recommendations for reducing and priority 1 tasks (i.e., those actions additional 10 to 15 landowners at an eliminating threats to the Topeka shiner deemed necessary to prevent extinction estimated cost of $100,000 within the were incorporated, in part, into a of the species) identified and outlined next 5 years (Kelly Srigley Werner, Service preliminary draft recovery plan. in the implementation schedule of a Missouri Private Lands Coordinator, In addition, the MDC, in implementing Service preliminary draft recovery plan pers. comm.). The MDC Fisheries and the Action Plan, has established have either been completed or are Natural History Division staffs have cooperative working relationships with currently being implemented (this committed to help coordinate and private landowners. These relationships includes 20 percent of tasks that are 100 implement Topeka shiner recovery have allowed for the implementation of percent completed, 47 percent of tasks efforts between the MDC and Federal, conservation programs for the benefit of that are 50 percent or greater completed, State, and private entities, and MDC’s the Topeka shiner. and 33 percent of tasks that are 25 Topeka Shiner Recovery Coordinator. We have concluded that Topeka percent or less completed) by the MDC The MDC is actively participating in the shiner habitat in Missouri does not meet in cooperation with us, the Topeka Topeka Shiner Recovery Team. The the definition of critical habitat as

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outlined in section 3(5)(A) of the Act conservation measures for the Topeka lands require ‘‘special management because there is adequate special shiner and its habitat in accordance considerations or protections.’’ The SD management or protection already in with management objectives outlined in Plan provides conservation benefits to place. Therefore, these areas are not the Action Plan. These actions range the species. It provides assurances that included in this critical habitat from allowing access to private lands for conservation efforts will be designation. surveys and site visits to rehabilitation implemented because the State of South In our March 17, 2004, Federal of habitat and implementation of Dakota has authority to implement the Register notice (69 FR 12619), as a measures to control erosion and plan, has put in place the funding and consequence of the court’s decision in sedimentation. The partners have staffing necessary to implement the Center for Biological Diversity v. Norton, committed to conservation measures Plan, and has completed or begun work we described the previously-excluded benefiting the Topeka shiner that are on many significant elements of the segments in Missouri and clarified the greater than the benefits of designating Plan. It is effective because the SD Plan basis for proposing to exclude these critical habitat and other efforts by the State of South areas from the critical habitat The Final Economic Analysis of Dakota include biological goals, designation for Topeka shiner under Critical Habitat Designation for the restoration objectives, and monitoring section 4(b)(2) of the Act. In our Topeka Shiner determined that Bonne consistent with a Service preliminary evaluation of potential critical habitat Femme and Moniteau Creeks in draft recovery plan. The SD Plan and sites in Missouri, we conducted an Missouri are potentially the most costly other cooperative efforts in South analysis of the economic impacts and units of critical habitat based on costs Dakota provide for special management other relevant impacts of designating per river mile (Industrial Economics, of the Topeka shiner. critical habitat. We provide the Inc. 2004). Together, these two units In our August 21, 2002, proposed following 4(b)(2) analysis of the benefits would cost an estimated $6.3 million rule, we identified 40 stream segments of inclusion and the benefits of over a 10-year period based on the for designation in South Dakota. We exclusion in assessing this exclusion of expectation that approximately 500 proposed one additional segment in our critical habitat in Missouri. section 7 consultations would result revision to the proposal published from Topeka shiner listing and critical March 17, 2004 (69 FR 12619). Before (1) Benefits of Inclusion habitat in these units (Industrial the original proposal was published, the The principal benefit of designating Economics, Inc. 2004). An additional South Dakota Department of Game, critical habitat is that federally funded $0.9 million in section 7 costs Fish, and Parks (SDDGFP) requested or authorized activities that adversely associated with listing and critical that we consider a State-wide exclusion affect critical habitat must undergo habitat in the Sugar Creek Watershed, from designation based on the authority consultation under section 7 of the Act. Missouri, would be expected over the given the Service under section 3(5)(A) Consultations on Federal actions same period (Industrial Economics, Inc. and/or 4(b)(2) of the Act. involving critical habitat ensure that 2004). Prior to the 2002 proposal to habitat needed for the survival and In summary, we view the continued designate critical habitat, SDDGFP and recovery of a species is not destroyed or implementation of the Action Plan and the South Dakota Department of adversely modified, in addition to the the associated cooperative conservation Agriculture, the South Dakota jeopardy standard applied to all listed partnerships with landowners to be Department of Environment and Natural species. essential for the conservation of the Resources (SDDENR), and the SDDOT Topeka shiner in Missouri. We believe developed the Topeka Shiner (2) Benefits of Exclusion that the benefits of including critical Management Plan for the State of South The benefits of excluding Missouri habitat in Missouri would be only small Dakota (SD Plan). The development of from designated critical habitat additions to the currently ongoing the SD Plan was a cooperative effort that include—maintenance of effective successful conservation actions, as also involved Federal agencies, private working partnerships to promote the identified in the Action Plan, through individuals, agricultural groups, and conservation of the Topeka shiner and multiple partnerships. We believe the academia. The SD Plan was completed its habitat; establishment of new benefits of excluding Missouri areas and signed in June 2003 by the four partnerships; providing benefits from from critical habitat greatly exceed the State agencies with management the Action Plan to the Topeka shiner limited benefits of including them. responsibilities for actions that can and its habitat which exceed those that Furthermore, we believe that exclusion influence Topeka shiner streams. This would be provided by the designation of from critical habitat in this State will commitment by the lead regulatory and critical habitat; avoiding added not result in the extinction of the management agencies within State administrative costs to the Service, Topeka shiner. In accordance with government to the SD Plan is a unique Federal agencies, and applicants; and section 4(b)(2) of the Act, we believe approach to cooperative Topeka shiner future regulatory flexibility for the that the benefits of excluding critical conservation within the range of this Service and landowners by maintaining habitat in Missouri outweigh the species. the ability to reintroduce the Topeka benefits of designating critical habitat, The goals of the SD Plan are to—(1) shiner to formerly occupied streams in and exclude areas in Missouri maintain habitat integrity in Topeka Missouri as experimental populations containing primary constituent elements shiner streams; and (2) establish a point- under section 10(j) of the Act. from the critical habitat designation. based management goal for the State of Recovery of listed species is often South Dakota in contribution toward achieved through partnerships and South Dakota national recovery efforts. The SD Plan voluntary actions. Through the Action We have evaluated the Topeka Shiner states specific objectives to meet the Plan, the MDC has gained the Management Plan for the State of South plan goals, including: (1) Management cooperation of landowners and has been Dakota (SD Plan) and associated Topeka actions that address stream hydrology, successful in developing voluntary shiner conservation actions that have geomorphology, and water quality; (2) conservation partnerships with these been completed, are ongoing, or are establishment of a monitoring and landowners. Cooperators, with the planned in South Dakota, against the assessment protocol to evaluate South assistance of MDC, are implementing three criteria to determine whether Dakota’s point-based recovery goal; and

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(3) development of public outreach and Dakota has authority to implement the objectives, and monitoring consistent education strategies to inform all plan and has put in place the funding with, or superior to, a Service entities involved about Topeka shiner and staffing necessary to implement the preliminary draft recovery plan that has management in South Dakota. Plan. In addition, there is a long history been developed (U.S. Fish and Wildlife The SD Plan provides conservation of implementation of strategies in the Service 2002). benefits to the species by SD Plan that have had positive effects Implementation of recovery efforts for implementation of on the ground on Topeka shiners. The SD Plan, and actions undertaken through partnership efforts by the State of South Dakota, the Topeka shiner in South Dakota, are efforts and conservation strategies. The have been and will continue to be planned or ongoing. The current status SD Plan provides assurances that effective because they address the of tasks in the SD Plan is described in conservation efforts will be threats to the species in South Dakota Table 4 below: implemented because the State of South and include biological goals, restoration

TABLE 4.—STATUS OF TASKS IN THE TOPEKA SHINER MANAGEMENT PLAN FOR THE STATE OF SOUTH DAKOTA

Action item Status

Establish the South Dakota Topeka shiner working group ...... Complete and Ongoing. Develop and implement the State Plan ...... Complete (2003) and Ongoing. Conduct surveys to determine extent of Topeka shiner range in South Dakota ...... Complete and Ongoing. Design long term monitoring and assessment plan ...... Complete. Develop an education and outreach program to provide information on the Topeka shiner and watershed Ongoing. health. Develop and maintain a Topeka shiner website for information on this species ...... Complete and Ongoing. Complete genetic analyses of different Topeka shiner populations in South Dakota ...... Complete. Incorporation of Topeka shiner recovery and conservation efforts in State strategic planning documents on Ongoing. different levels. Secure matching funds from the Service and others to conduct surveys and ecological studies and for var- Complete and Ongoing. ious habitat restoration and enhancement activities. Conduct research in relationship to stream hydrology and Topeka shiner habitat ...... Ongoing. Provide technical and financial assistance to landowners interested in creating or restoring wetland areas ..... Complete and Ongoing. Provide landowner incentives to increase native vegetative cover ...... Complete and Ongoing. Work with government agencies to develop best management practices that minimize erosion ...... Complete and Ongoing. Provide financial and technical assistance to landowners to reestablish native vegetation along riparian zones Complete and Ongoing. Provide technical and financial assistance to landowners and other agencies interested in restoring habitat in Complete and Ongoing. degraded stream reaches. Review projects that may adversely alter Topeka shiner streams ...... Complete and Ongoing. Continue working with the Service to provide information and assistance on section 7 consultation issues ...... Ongoing. Continue working with section 6 funds to further identify Topeka shiner areas and strategy for long-term con- Ongoing. servation. Provide technical assistance to urban, residential and development planners to improve water quality from Complete and Ongoing. water discharge systems. Work with NRCS to have Topeka shiner streams get higher priority for EQIP and WHIP funding ...... Complete and Ongoing. Provide incentives for landowners to establish riparian buffers or filter strips along agricultural fields with high Complete and Ongoing. runoff potential. Continue technical assistance for permitting and designing confined animal feeding operations ...... Ongoing. Continue routine inspections of sewage treatment facilities to ensure compliance with water quality standards Ongoing.

Assurances that the SD Plan will be Topeka shiner streams, and Topeka all projects crossing Topeka shiner implemented and conservation of the shiner surveys will be ongoing. streams. Topeka shiner will be achieved in South Overall, 86 percent (i.e., 12 of 14) of The other priority 1 task involved Dakota are demonstrated by the the priority 1 tasks (i.e., those actions evaluation of piscivorous fish within following actions. Between January deemed necessary to prevent extinction Topeka shiner habitat. This task was 1999 and December 31, 2003, at least of the species) identified and outlined included in the rangewide draft $700,000 was expended on recovery in the implementation schedule of a Recovery Plan because some fish, actions and habitat improvement for the Service preliminary draft recovery plan particularly largemouth bass, have been Topeka shiner by the State of South have either been completed or are documented to be damaging to Topeka Dakota, and that total is likely to currently being implemented. Of two shiner populations. The information for increase to at least $3 million over the remaining priority 1 tasks, one involves South Dakota does not show much overlap between Topeka shiner next 10 years (Dowd Stukel and Shearer, ‘‘determining impacts of sedimentation populations and largemouth bass. SDDGFP, pers. comm. 2004; Graves, on habitat quality.’’ South Dakota SDDOT, pers. comm. 2004; SDDENR Therefore, while this is an important recognizes that sedimentation may issue in parts of the Topeka shiner Web site 2004). All of the tasks impair habitat for Topeka shiner and identified in the SD Plan that have range, it is not believed to be has instituted aggressive provisions to problematic in South Dakota. definite end points have been minimize erosion from activities they In addition to two Topeka shiner completed. Remaining tasks, such as may undertake or permit. One example studies initiated by SDDOT through the project reviews to minimize adverse is the development of stringent erosion SDSU Coop Unit, SDDOT has impacts to Topeka shiners, control measures and spawning season implementation of projects to enhance committed to extensive management restrictions that the SDDOT includes for practices to minimize adverse effects of

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road and highway stream crossing fishery, the full suite of water quality important component of a future HCP, projects on Topeka shiner streams. standards apply to that water body and provides an indication of South These provisions are among the most when evaluating a National Pollution Dakota’s ongoing efforts to develop an rigorous in the species’ range. SDDOT Discharge Elimination System permit. A HCP for Topeka shiners. has also conducted a programmatic fishery classification to a stream is an In our evaluation of potential critical formal section 7 consultation with the important upgrade that the State has habitat sites in South Dakota, we Service for construction projects that undertaken as part of their Triennial conducted an analysis of the economic involve all SDDOT road crossings of Review Process of water quality impacts and other relevant impacts of Topeka shiner streams. standards. designating critical habitat. We provide SDDGFP and SDDENR also routinely The State of South Dakota developed the following 4(b)(2) analysis of the review projects to ensure impacts to a general permit in 1998 to address benefits of inclusion and the benefits of Topeka shiners and its habitat are animal waste resulting from exclusion in assessing this exclusion of minimized. In South Dakota, SDDENR concentrated animal feeding operations critical habitat in South Dakota. has assumed the section 401 water (CAFOs). Since development of this (1) Benefits of Inclusion quality program from EPA and issues permit, the State has regulated 64 certification for all section 404 permits CAFOs in the Topeka shiner range in The principal benefit of designating authorized by the U.S. Army Corps of South Dakota. There are an additional critical habitat is that federally funded Engineers. This State program ensures 55 CAFOs in the Topeka shiner range or authorized activities that adversely discharges do not compromise water going through the permitting system to affect critical habitat must undergo quality in the receiving water bodies. be authorized under the general permit. consultation under section 7 of the Act. The SDDGFP has been an active This can include existing operations Consultations on Federal actions partner in cooperation with us, the being brought into compliance as well involving critical habitat ensure that Topeka Shiner Recovery Team, and as new or expanded facilities. This habitat needed for the survival and other Federal, State, and private entities. important regulatory measure requires recovery of a species is not destroyed or The SD Plan greatly facilitates the strict adherence to provisions of the adversely modified, in addition to the implementation of recovery actions on general permit that allows no discharge jeopardy standard applied to all listed private property where the species of animal waste to streams or rivers species. currently exists or where potential from livestock waste management (2) Benefits of Exclusion habitat for the species exists. facilities. This regulatory requirement The SDDGP Habitat Program recently has resulted in significant upgrades to The benefits of excluding South developed a series of implementation animal waste disposal systems in the Dakota from designated critical habitat guidelines for wetland projects range of the Topeka shiner. Significant include continued participation of State proposed within Topeka shiner partnerships between landowners and agencies to neutralize threats to Topeka watersheds. The guidelines provide programs such as the Environmental shiner, maintenance of effective field staff with an early screening Quality Incentive Program (EQIP) funds working partnerships to promote the process to identify any potential conflict have resulted and are being used to conservation of the Topeka shiner and habitat projects may create in Topeka bring existing CAFOs into compliance. its habitat; establishment of new shiner streams. This screen also allows South Dakota has worked with partnerships; providing benefits from selection of management tools that can agencies to prioritize expenditures of the SD Plan to the Topeka shiner and its provide specific benefits to water funds towards actions that would habitat which exceed those that would quality. benefit Topeka shiner. For example, be provided by the designation of The SDDGFP staff has committed to through efforts by the resource agencies, critical habitat; and avoiding added help coordinate and implement Topeka the NRCS has modified their ranking administrative costs to the Service, shiner recovery efforts between the State criteria such that projects funded by the Federal agencies, and permit applicants. of South Dakota and Federal, State, and Environmental Quality Incentives Recovery of listed species that occur private entities. The SDDGFP is actively Program (EQIP) and the Wildlife Habitat primarily on or adjacent to private lands participating in the Topeka Shiner Incentives Program (WHIP) receive is often best achieved through Recovery Team. In addition, the additional points, and thus higher partnerships, voluntary actions, and SDDGFP and other State signatory ranking, if benefits to Topeka shiners incentives. Through the SD Plan, the agencies have established cooperative will result from a proposed project. The State of South Dakota has gained the working relationships with private SDDENR through their implementation cooperation of landowners and has been landowners. These relationships have of the 319 program, in concert the successful in developing voluntary allowed for the implementation of Environmental Agency Program, conservation partnerships with these conservation programs for the benefit of provides incentives to undertake actions landowners. Cooperators, with the the Topeka shiner. that benefit water quality of Topeka assistance of partners identified in the The SDDENR also has upgraded shiner streams. SDDGFP and others SD Plan, are implementing conservation numerous reaches of Topeka shiner have cooperated to attain federal grants measures for the Topeka shiner and its streams to a fisheries classification for that prioritize Topeka shiner watersheds habitat in accordance with management Clean Water Act purposes (Snyder, with projects that benefit water quality objectives outlined in the SD Plan. The SDDENR, pers. comm. 2004). This and stream hydrology. Designation of broad engagement of the many diverse includes all areas proposed for critical critical habitat would not be expected to groups and individuals that developed habitat designations in South Dakota. appreciably enhance the prioritization the SD Plan lends strength to both the This is important, since some areas efforts that have already occurred and SD Plan as well as our belief that its where Topeka shiners have been found those that are ongoing. partnership and cooperative concepts in recent years have been on streams or The State also believes that the SD have conservation value. The portions of streams that are intermittent Plan will lay the groundwork for a monitoring plan that the SD Plan has and were previously not classified as a future Habitat Conservation Plan (HCP) undertaken will provide annual data to fishery water body. With SDDENR that may be developed by the State. The track the status of the species. Section reclassification of these streams to a SD Plan is recognized to be an 4(a)(3)(B) allows us to revisit critical

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habitat designations. If in the future the segments on Fort Riley. As discussed Iowa, Minnesota and Nebraska currently healthy population declines, above, Section 4(a)(3) of the Act now We have designated occupied critical we retain the ability to designate CH in prohibits the Secretary of the habitat on a number of streams in Iowa, the State at a later date. Department of the Interior from Minnesota and Nebraska because, In summary, we view the continued designating critical habitat on although these States are implementing implementation of the SD Plan with its Department of Defense lands if an conservation actions that benefit Topeka threat abatement and cooperative adequate INRMP is in place. shiners, there are currently no ‘‘legally conservation partnerships with The Topeka shiner has been a focal operative’’ conservation plans proposed landowners to be essential for the species for planning and conservation or in place that we can weigh against conservation of the Topeka shiner in efforts on Fort Riley since the early the three criteria we use to address South Dakota. We believe that the 1990s, with numerous stream surveys special management needs. Federal benefits of including critical habitat in occurring from this time to the present. South Dakota are negligible compared to Fort Riley initiated development of actions that adversely affect critical benefits of the conservation actions management guidelines for the species habitat must undergo consultation identified in the SD Plan. Finally, we in 1994. The first Endangered Species under section 7 of the Act. believe that exclusion from critical Management Plan for Topeka Shiner on Consultations on Federal actions habitat in South Dakota will not result Fort Riley was formalized in 1997. This involving critical habitat ensure that in the extinction of the Topeka shiner management plan was revised and habitat needed for the survival and nor adversely impact the species. In incorporated into Fort Riley’s INRMP recovery of a species is not destroyed or accordance with section 4(b)(2) of the 2001–2005, which was formalized July adversely modified. Act, we believe that the benefits of 30, 2001 (Keating, Ft. Riley Natural Economic Analysis excluding critical habitat in South Resources Division, pers. comm. 2002). Section 4(b)(2) of the Act requires us Dakota outweigh the benefits of This management plan outlines and to designate critical habitat on the basis designating critical habitat in the State, describes conservation goals; of the best scientific and commercial and exclude areas in South Dakota management prescriptions and actions; containing primary constituent elements a monitoring plan; estimates of time, information available and to consider from the critical habitat designation. cost, and personnel needed; a checklist the economic and other relevant of tasks; and an annual report (U.S. impacts of designating a particular area Application of Section 4(a)(3) of the Act Department of the Army 2001). as critical habitat. We may exclude areas Section 318 of fiscal year 2004 the We evaluated the Fort Riley from critical habitat upon a National Defense Authorization Act Endangered Species Management Plan determination that the benefits of such (Public Law No. 108–136) amended the for Topeka Shiner and the Fort’s exclusions outweigh the benefits of Endangered Species Act to address the associated Topeka shiner conservation specifying such areas as critical habitat. relationship of INRMPs to critical actions that have been completed, We cannot exclude such areas from habitat by adding a new section ongoing, or planned, and find that it critical habitat when such exclusion 4(a)(3)(B). This provision prohibits the provides a benefit to the species under will result in the extinction of the Service from designating as critical section 4(a)(3). species concerned. habitat any lands or other geographical The primary benefit of proposing Following the publication of the areas owned or controlled by the critical habitat is to identify lands proposed critical habitat designation, Department of Defense, or designated essential to the conservation of the we conducted an economic analysis to for its use, that are subject to an INRMP species, which, if designated as critical estimate the potential economic effect of prepared under section 101 of the Sikes habitat, would require consultation with the designation. The draft analysis was Act (16 U.S.C. 670a), if the Secretary of the Service to ensure that activities made available for public review on the Interior determines in writing that would not adversely modify critical March 17, 2004 (69 CFR 12619). We such plan provides a benefit to the habitat. As previously discussed, Fort accepted comments on the draft analysis species for which critical habitat is Riley has a completed final INRMP that until April 16, 2004. proposed for designation. Fort Riley, provides for sufficient conservation Our economic analysis evaluated the Kansas, has an INRMP in place that management and protection for the potential future effects associated with provides a benefit for the Topeka shiner Topeka shiner. Moreover, this INRMP the listing of the Topeka shiner as (see Application of Section 4(a)(3) of the has already undergone section 7 endangered under the Act, as well as Act). All Topeka shiner habitat suitable consultation with the Service prior to its any potential effect of the critical habitat for designation on the Fort Riley final approval. Further, activities designation above and beyond those Military Installation, Kansas, also is not authorized, funded, or carried out by the regulatory and economic impacts included in this designation under the military or Federal agencies in these associated with listing. The following authority of section 4(a)(3) of the Act. areas that may affect the Topeka shiner discussion presents the potential will still require consultation under economic effects of the proposed critical Fort Riley, Kansas section 7 of the Act, based on the habitat designation. However, in this In our August 21, 2002, proposed requirement that Federal agencies final critical habitat rule, we are rule, we proposed not to include stream ensure that such activities not excluding lands owned by Fort Riley segments on the Fort Riley Military jeopardize the continued existence of and the States of Kansas, Missouri, and Installation, Kansas, as critical habitat, listed species. This requirement applies South Dakota from the areas designated on the basis of our interpretation of even without critical habitat designation as critical habitat for the Topeka shiner. section 3(5)(A) of the Act. Due to the on these lands. Therefore, because our economic Federal District Court decision (Center The requirements of section 4(a)(3) of analysis included impacts of areas that for Biological Diversity v. Norton, Civ. the Act are satisfied in relation to are subsequently excluded from the No. 01–409 TUC DCB, D. Ariz., Jan. 13, Topeka shiner habitat on Fort Riley. final critical habitat, the values 2003) and the amendment to section Therefore, we do not include these presented below and in the economic 4(a)(3) of the Act, we now clarify the stream segments in the designation as analysis are likely significant basis for not designating stream critical habitat for Topeka shiner. overestimates of the potential economic

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effects resulting from this critical habitat benefits of including and excluding inconsistencies with other Federal rule for the Topeka shiner. areas from critical habitat. agency actions. Based on our economic The categories of potential costs We received four comments on the analysis and information related to considered in the analysis included the draft economic analysis of the proposed implementing the listing of the species costs associated with: (1) Conducting designation. Two of the comments such as conducting section 7 section 7 consultations due to the listing identified that some of the costs consultations, we believe that this or the critical habitat, including attributed to transportation and sand designation will not create reinitiated consultations and technical and gravel operations were overstated, inconsistencies with other agencies’ assistance; (2) modifications to projects, while one stated that estimated third actions or otherwise interfere with an activities, or land uses resulting from party costs for transportation projects in action taken or planned by another the section 7 consultations; and (3) South Dakota appeared to be low. One agency, nor will it materially affect potential offsetting beneficial costs commenter requested that the analysis entitlements, grants, user fees, loan connected to critical habitat including include benefits and incremental costs. programs, or the rights and obligations educational benefits. Following the close of the comment of their recipients. We conclude that the designation of period, the economic analysis was Regulatory Flexibility Act critical habitat would not result in a finalized. We made no revisions or significant economic impact. Our additions to the draft economic analysis. Under the Regulatory Flexibility Act economic analysis estimates that the A copy of the final economic analysis (RFA) (5 U.S.C. 601 et seq., as amended potential economic effects over a 10- and a description of the exclusion by the Small Business Regulatory year period would range from $16.7 process with supporting documents are Enforcement Fairness Act (SBREFA) of million to $37.0 million using a 7 included in our administrative record 1996), whenever a Federal agency is percent discount rate (Industrial and may be obtained by contacting our required to publish a notice of Economics, Inc. 2004). Road and bridge Kansas Ecological Services Field Office rulemaking for any proposed or final construction and maintenance, (see ADDRESSES). rule, it must prepare and make available agriculture, and ranching-related for public comment a regulatory activities account for 66 percent of these Required Determinations flexibility analysis that describes the costs (Industrial Economics, Inc. 2004). Regulatory Planning and Review effect of the rule on small entities (i.e., Agriculture and ranching are the main small businesses, small organizations, activities in Topeka shiner critical In accordance with Executive Order and small government jurisdictions). habitat. However, our analysis indicates 12866, this document is a significant However, no regulatory flexibility that economic impacts to farmers and rule in that it may raise novel legal and analysis is required if the head of the ranchers will likely be minimal as the policy issues, but it is not anticipated to agency certifies the rule will not have a consultations that are expected to arise have an annual effect on the economy significant economic impact on a from farming and ranching-related of $100 million or more or affect the substantial number of small entities. activities are not likely to result in economy in a material way. Because of The SBREFA amended the RFA to costly additional project modifications the Court-ordered deadline for require Federal agencies to provide a because they primarily involve Federal publication in the Federal Register, statement of the factual basis for assistance for conservation programs formal Office of Management and certifying that the rule will not have a (i.e., the Conservation Reserve Program) Budget (OMB) review was not significant economic impact on a (Industrial Economics, Inc. 2004). The undertaken. We prepared an economic substantial number of small entities. administrative costs of consultation and analysis of this action to meet the On the basis of information in our technical assistance efforts account for requirement of section 4(b)(2) of the final economic analysis, we have over 80 percent of the projected costs of Endangered Species Act to determine determined that a substantial number of this designation, with project the economic consequences of small entities are not affected by the modifications representing the designating the specific areas as critical critical habitat designation for Topeka remaining 20 percent (Industrial habitat. The draft economic analysis shiner. Therefore, we are certifying that Economics, Inc. 2004). was made available for public comment the designation will not have a The economic impacts associated and we considered those comments significant effect on a substantial with the proposed critical habitat during the preparation of this rule. The number of small entities. The factual designation would be manifest costs of the final designation are basis for certifying that this rule will not primarily as increased operating costs estimated to be between $8.84 to $13.66 have a significant economic impact on for Federal, State, and local agencies in million. The economic analysis a substantial number of small entities is Iowa, Minnesota, Missouri, Kansas, indicates that this rule will not have an as follows. Nebraska, and South Dakota. Federal, annual economic effect of $100 million Small entities include small State, and local agencies would bear 70 or more or adversely affect any organizations, such as independent percent of these costs, with private economic sector, productivity, nonprofit organizations, and small entities incurring the remainder competition, jobs, the environment, or governmental jurisdictions, including (Industrial Economics, Inc. 2004). other units of government. school boards and city and town Because we are excluding Missouri, Under the Act, critical habitat may governments that serve fewer than Kansas, and South Dakota and because not be destroyed or adversely modified 50,000 residents, as well as small most of the costs of this rule are borne by a Federal agency action; the Act does businesses. The RFA/SBREFA requires by governmental agencies rather than not impose any restrictions related to that agencies use the Small Business private businesses or landowners, critical habitat on non-Federal persons Administration’s definition of ‘‘small secondary impacts to the region are unless they are conducting activities business’’ that has been codified at 13 expected to be minimal (Industrial funded or otherwise sponsored or CFR 121.201. Small businesses include Economics, Inc. 2004). permitted by a Federal agency. Because manufacturing and mining concerns Although we do not find the of the potential for impacts on other with fewer than 500 employees, economic costs to be significant, they Federal agencies’ activities, we wholesale trade entities with fewer than were considered in balancing the reviewed this action for any 100 employees, retail and service

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businesses with less than $5 million in associated with road/bridge the Service makes the following annual sales, general and heavy construction and maintenance projects. findings: construction businesses with less than These costs will primarily be borne by (a) This rule will not produce a $27.5 million in annual business, State DOT and various action agencies. Federal mandate. In general, a Federal special trade contractors doing less than Agriculture makes up the remaining five mandate is a provision in legislation, $11.5 million in annual business, and to 13 percent of forecast total costs statute or regulation that would impose agricultural businesses with annual ($450,000 to $1,750,000) and recreation an enforceable duty upon State, local, sales less than $750,000. The RFA/ and conservation activities three to tribal governments, or the private sector SBREFA does not explicitly define seven percent of forecast total costs and includes both ‘‘Federal either ‘‘substantial number’’ or ($250,000 to $975,000). Third parties intergovernmental mandates’’ and ‘‘significant economic impact.’’ may be impacted by consultations ‘‘Federal private sector mandates.’’ Consequently, to assess whether a regarding agriculture activities (e.g., These terms are defined in 2 U.S.C. ‘‘substantial number’’ of small entities is critical area planting, nutrient 658(5)–(7). ‘‘Federal intergovernmental affected by this designation, this management, multiple purpose dams, mandate’’ includes a regulation that analysis considers the relative number and structures for water controls) and ‘‘would impose an enforceable duty of small entities likely to be impacted in recreation projects (e.g., boat docks), upon State, local, or tribal governments’’ an area. In addition, Federal courts and however, project modifications are with two exceptions. It excludes ‘‘a Congress have indicated that an RFA/ anticipated to be minimal. The Service condition of federal assistance.’’ It also SBREFA is properly limited to impacts expects these costs will be relatively excludes ‘‘a duty arising from to entities directly subject to the small to the individual operator and participation in a voluntary Federal requirements of the regulation (Service therefore will not generate significant program,’’ unless the regulation ‘‘relates 2002). Therefore, entities not directly economic impacts on a substantial to a then-existing Federal program regulated by the listing or critical number of small entities. under which $500,000,000 or more is habitat designation are not considered For these reasons, we are certifying provided annually to State, local, and in this section of the analysis. The RFA/ that the designation of critical habitat tribal governments under entitlement authority,’’ if the provision would SBREFA defines ‘‘small governmental for Topeka shiner will not have a ‘‘increase the stringency of conditions of jurisdiction’’ as the government of a significant economic impact on a assistance’’ or ‘‘place caps upon, or city, county, town, school district, or substantial number of small entities. otherwise decrease, the Federal special district with a population of less Therefore, a regulatory flexibility Government’s responsibility to provide than 50,000. Although certain State analysis is not required. agencies may be affected by this critical funding’’ and the State, local, or tribal habitat designation, State governments Small Business Regulatory Enforcement governments ‘‘lack authority’’ to adjust are not considered small governments, Fairness Act accordingly. (At the time of enactment, for the purposes of the RFA. The these entitlement programs were: Under the SBREFA (5 U.S.C. 801 et. SBREFA further defines ‘‘small Medicaid; AFDC work programs; Child seq.), this rule is not a major rule. Based organization’’ as any not-for-profit Nutrition; Food Stamps; Social Services on the effects identified in the economic enterprise that is independently owned Block Grants; Vocational Rehabilitation analysis, we believe that this critical and operated and is not dominant in its State Grants; Foster Care, Adoption habitat designation will not have an field. Assistance, and Independent Living; Even where the requirements of effect on the economy of $100 million Family Support Welfare Services; and section 7 might apply due to critical or more, will not cause a major increase Child Support Enforcement.) ‘‘Federal habitat, based on our experience with in costs or prices for consumers, and private sector mandate’’ includes a section 7 consultations for all listed will not have significant adverse effects regulation that ‘‘would impose an species, virtually all projects, including on competition, employment, enforceable duty upon the private those that, in their initial proposed investment, productivity, innovation, or sector, except (i) a condition of Federal form, would result in jeopardy or the ability of United States-based assistance; or (ii) a duty arising from adverse modification determinations enterprises to compete with foreign- participation in a voluntary Federal under section 7, can be implemented based enterprises. Our detailed program.’’ successfully with, at most, the adoption assessment of the economic effects of The designation of critical habitat of reasonable and prudent alternatives. this designation is described in the does not impose a legally binding duty These measures by definition must be economic analysis. on non-Federal government entities or economically feasible and within the Energy Supply, Distribution, or Use private parties. Under the Act, the only scope of authority of the Federal agency regulatory effect is that Federal agencies involved in the consultation. On May 18, 2001, the President issued must ensure that their actions do not The designation of critical habitat for an Executive Order (Executive Order destroy or adversely modify critical the shiner is not expected to result in a 13211) on regulations that significantly habitat under section 7. While non- significant economic impact on a affect energy supply, distribution, and Federal entities who receive Federal substantial number of small entities. use. Executive Order 13211 requires funding, assistance, permits or Approximately 12 to 22 percent ($1 agencies to prepare Statements of otherwise require approval or million to 3 million) of the forecast total Energy Effects when undertaking certain authorization from a Federal agency for costs of $8.84 to $13.66 million will be actions. As this final rule is not an action may be indirectly impacted by borne by Federal agencies. The majority expected to significantly affect energy the designation of critical habitat, the (approximately 80 to 90 percent) of the supplies, distribution, or use, this action legally binding duty to avoid remaining costs ($7.8 million to $10.6 is not a significant energy action and no destruction or adverse modification of million) are largely associated with Statement of Energy Effects is required. critical habitat rests squarely on the transportation-related activities. Federal agency. Furthermore, to the Unfunded Mandates Reform Act Specifically, approximately 60 to 80 extent that non-Federal entities are percent of the forecast total costs, or In accordance with the Unfunded indirectly impacted because they $7.1 million to $8.2 million, are Mandates Reform Act (2 U.S.C. 1501), receive Federal assistance or participate

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in a voluntary Federal aid program, the assist these local governments in long- available from the Kansas Field Office Unfunded Mandates Reform Act would range planning (rather than waiting for (see ADDRESSES). not apply; nor would critical habitat case-by-case section 7 consultations to Government-to-Government shift the costs of the large entitlement occur). Relationship With Tribes programs listed above on to State Civil Justice Reform governments. In accordance with the President’s (b) The economic analysis that was In accordance with Executive Order memorandum of April 29, 1994, prepared in support of this rulemaking 12988, the Office of the Solicitor has ‘‘Government-to-Government Relations fully assesses the effects of this determined that the rule does not with Native American Tribal designation on Federal, State, local, and unduly burden the judicial system and Governments’’ (59 FR 22951), Executive tribal governments, and to the private meets the requirements of sections 3(a) Order 13175, and 512 DM 2, we readily sector, and indicates that this rule will and 3(b)(2) of the Order. We have acknowledge our responsibility to not significantly or uniquely affect small designated critical habitat in accordance communicate meaningfully with governments. As such, Small with the provisions of the Act. The rule recognized Federal Tribes on a Government Agency Plan is not uses standard property descriptions and government-to-government basis. We required. identifies the PCEs within the are required to assess the effects of designated area to assist the public in Takings critical habitat designation on Tribal understanding the habitat needs of the lands and Tribal trust resources. We In accordance with Executive Order Topeka shiner. believe that no Tribal lands or Tribal 12630 (‘‘Government Actions and trust resources are essential for the Interference with Constitutionally Paperwork Reduction Act of 1995 (44 Protected Private Property Rights,’’ U.S.C. 3501 et seq.) conservation of Topeka shiner. March 18, 1988; 53 FR 8859), we have This rule does not contain any References Cited analyzed the potential takings information collection requirements for implications of the designation of which OMB approval under the A complete list of all references cited critical habitat for Topeka shiner. The Paperwork Reduction Act is required. herein is available upon request from takings implications assessment An agency may not conduct or sponsor, the Kansas Field Office (see ADDRESSES). concludes that this final rule does not and a person is not required to respond Author pose significant takings implications. A to, a collection of information unless it copy of this assessment can be obtained displays a valid OMB Control Number. The primary author of this rule is Vernon Tabor, Kansas Ecological by contacting the Kansas Field Office National Environmental Policy Act (see ADDRESSES). Services Field Office (see ADDRESSES). Our position is that, outside the Tenth Federalism Circuit, we do not need to prepare List of Subjects in 50 CFR Part 17 In accordance with Executive Order environmental analyses as defined by Endangered and threatened species, 13132, the rule does not have significant the National Environmental Policy Act Exports, Imports, Reporting and federalism effects. A federalism in connection with designating critical recordkeeping requirements, assessment is not required. In keeping habitat under the Act. We published a Transportation. with Department of the Interior policy, notice outlining our reasons for this we requested information from, and determination in the Federal Register Regulation Promulgation coordinated development of, this on October 25, 1983 (48 FR 49244). This I Accordingly, we amend part 17, critical habitat designation with, assertion was upheld in the courts of the appropriate State resource agencies in Ninth Circuit (Douglas County v. subchapter B of chapter I, title 50 of the Iowa, Kansas, Minnesota, Missouri, Babbitt, 48 F .3d 1495 (Ninth Cir. Ore. Code of Federal Regulations as set forth Nebraska, and South Dakota. The 1995), cert. denied 116 S. Ct. 698 below: designation of critical habitat in areas (1996)). However, when the range of the PART 17—[AMENDED] currently occupied by Topeka shiner species includes States within the Tenth imposes no additional restrictions to Circuit, pursuant to the Tenth Circuit I 1. The authority citation for part 17 those currently in place and, therefore, ruling in Catron County Board of continues to read as follows: has little additional impact on State and Commissioners v. U.S. Fish and Wildlife local governments and their activities. Service, 75 F .3d 1429 (Tenth Cir. 1996), Authority: 16 U.S.C. 1361–1407; 16 U.S.C. we will complete a National 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– The designation may have some 625, 100 Stat. 3500; unless otherwise noted. benefit to these governments in that the Environmental Policy Act analysis. The areas essential to the conservation of the range of Topeka shiner includes States I 2. Amend § 17.11(h), by revising the species is more clearly defined, and the within the Tenth Circuit; therefore, we entry for ‘‘Shiner, Topeka’’ under PCEs of the habitat necessary to the completed a draft environmental ‘‘FISHES’’ to read as follows: conservation of the species are assessment and made it available for specifically identified. While making public review and comment. A final § 17.11 Endangered and threatened this definition and identification does environmental assessment and Finding wildlife. not alter where and what federally of No Significant Impact have been * * * * * sponsored activities may occur, it may prepared for this designation and are (h) * * *

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Species Vertebrate population When critical special Historic range where endangered or Common name Scientific name threatened Status Listed Habitat Rules

******* FISHES

******* Shiner, Topeka ...... (Notropis topeka = U.S.A. (IA, KS, Entire ...... E ...... 654 17.95(e) ...... N/A tristis). MN, MO, NE, SD).

*******

I 3. Amend § 17.95(e) by adding critical temperature, turbidity, conductivity, (1:2,000,000) for county and State habitat for the Topeka shiner (Notropis salinity, dissolved oxygen, pH, chemical boundaries. topeka) in the same alphabetical order as contaminants, and other chemical (5) Unit 1: North Raccoon River this species occurs in 17.11(h). characteristics.); Watershed—Calhoun, Carroll, Dallas, (iv) Living and spawning areas for Greene, Sac and Webster Counties, § 17.95 Critical habitat—fish and wildlife. adult Topeka shiner with pools or runs Iowa. * * * * * with water velocities less than 0.5 (i) Reach 1a. Indian Creek from its (e) Fishes. * * * meters/second (approx. 20 inches/ confluence with the North Raccoon Topeka Shiner (Notropis topeka) second) and depths ranging from 0.1– River (T87N, R35W, Sec. 24), upstream 2.0 meters (approx. 4–80 inches); through T87N, R35W, Sec. 29. (1) Critical habitat is depicted for (v) Living areas for juvenile Topeka (ii) Reach 1b. Tributary to Indian Calhoun, Carroll, Dallas, Greene, shiner with water velocities less than Creek (Ditch 57), from their confluence Hamilton, Lyon, Osceola, Sac, Webster, 0.5 meters/second (approx. 20 inches/ (T87N, R35W, Sec. 23), upstream to the and Wright Counties, Iowa; Lincoln, second) with depths less than 0.25 confluence with the outlet creek from Murray, Nobles, Pipestone, and Rock meters (approx. 10 inches) and Black Hawk Lake (T86N, R36W, Sec. 1). Counties, Minnesota; and Madison moderate amounts of instream aquatic (iii) Reach 1c. Outlet Creek from Black County, Nebraska, on the maps and as cover, such as woody debris, Hawk Lake from its confluence with described below. overhanging terrestrial vegetation, and Ditch 57 (T86N, R36W, Sec. 1), (2) Critical habitat includes all stream upstream to lake outlet (T87N, R35W, channels up to the bankfull discharge aquatic plants; (vi) Sand, gravel, cobble, and silt Sec. 35). elevation. Additionally, in Iowa and (iv) Reach 2a. Camp Creek from its substrates with amounts of fine Minnesota, the off-channel, side- confluence with the North Raccoon sediment and substrate embeddedness channel, and oxbow pools at elevations River (T86N, R34W, Sec. 7), upstream that allow for nest building and at or below the bankfull discharge through T87N, R34W, Sec. 8. maintenance of nests and eggs by native elevation. Bankfull discharge is the flow (v) Reach 2b. West Fork Camp Creek Lepomis sunfishes (green sunfish, at which water begins to leave the from its confluence with Camp Creek orangespotted sunfish, longear sunfish) channel and move into the floodplain (T87N, R34W, Sec. 8), upstream through and Topeka shiner as necessary for and generally occurs with a frequency of T88N, R34W, Sec. 32. every 1 to 2 years. reproduction, unimpaired behavior, (vi) Reach 3. Prairie Creek from its (3) The primary constituent elements growth, and viability of all life stages; confluence with the North Raccoon of critical habitat for the Topeka shiner (vii) An adequate terrestrial, River (T86N, R34W, Sec. 16), upstream consist of: semiaquatic, and aquatic invertebrate through T87N, R34W, Sec. 35. (i) Streams most often with permanent food base that allows for unimpaired (vii) Reach 4. Lake Creek from its flow, but that can become intermittent growth, reproduction, and survival of all confluence with the North Raccoon during dry periods; life stages; River (T86N, R34W, Sec. 23), upstream (ii) Side-channel pools and oxbows (viii) A hydrologic regime capable of through T87N, R33W, Sec. 25. either seasonally connected to a stream forming, maintaining, or restoring the (viii) Reach 5. Purgatory Creek from or maintained by groundwater inputs, at flow periodicity, channel morphology, its confluence with the North Raccoon a surface elevation equal to or lower fish community composition, off- River (T84N, R33W, Sec. 11), upstream than the bank-full discharge stream channel habitats, and habitat through T86N, R32W, Sec. 17. elevation. The bankfull discharge is the components described in the other (ix) Reach 6a. Cedar Creek from its flow at which water begins leaving the primary constituent elements; and confluence with the North Raccoon channel and flowing into the floodplain; (ix) Few or no nonnative predatory or River (T85N, R32W, Sec. 33), upstream this level is generally attained every 1 nonnative competitive species present. to the confluence of West Cedar Creek to 2 years. Bankfull discharge, while a Critical Habitat Map Units and East Cedar Creek (T87N, R31W, Sec. function of the size of the stream, is a 31). fairly constant feature related to the (4) Critical habitat was identified (x) Reach 6b. West Cedar Creek from formation, maintenance, and using the Fifth Principal Meridian in its confluence with East Cedar Creek dimensions of the stream channel; Iowa and Minnesota; the Sixth Principal (T87N, R31W, Sec. 31), upstream (iii) Streams and side-channel pools Meridian in Nebraska; U.S. Geological through T87N, R31W, Sec. 18. with water quality necessary for Survey 30- × 60-minute (1:100,000) (xi) Reach 6c. East Cedar Creek from unimpaired behavior, growth, and quadrangle maps; the National its confluence with West Cedar Creek viability of all life stages. (The water Hydrography Dataset (1:100,000) for (T87N, R31W, Sec. 31), upstream quality components include— hydrology; and Digital Line Graph through T87N, R31W, Sec. 9.

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(xii) Reach 7. Short Creek from its (xv) Reach 9b. West Buttrick Creek, (xviii) Reach 10b. Swan Lake Branch confluence with the North Raccoon from its confluence with East Buttrick from its confluence with Elm Branch River (T84N, R31W, Sec. 33), upstream Creek (T84N, R30W, Sec. 25), upstream (T81N, R28W, Sec. 28), upstream through T84N, R31W, Sec. 28. through T86N, R30W, Sec. 3. through T80N, R28W, Sec. 4. (xiii) Reach 8. Hardin Creek from its (xvi) Reach 9c. East Buttrick Creek, confluence with the North Raccoon (xix) Reach 11. Off-channel and side- from its confluence with West Buttrick River (T83N, R30W, Sec. 23), upstream channel pools (that meet the previously Creek (T84N, R30W, Sec. 25), upstream through T85N, R31W, Sec. 27. described criteria) adjacent to the North (xiv) Reach 9a. Buttrick Creek from its through T85N, R29W, Sec. 20. Raccoon River from U.S. Highway 6 confluence with the North Raccoon (xvii) Reach 10a. Elm Branch from its (T79N, R27W, Sec. 32), upstream to U.S. River (T83N, R30W, Sec. 26), upstream confluence with the North Raccoon Highway 20 (T88N, R36W, Sec. 24). to the confluence of West Buttrick Creek River (T81N, R28W, Sec. 28), upstream (6) Note: Unit 1 (Map 1) follows. and East Buttrick Creek (T84N, R30W, to its confluence with Swan Lake BILLING CODE 4310–55–P Sec. 25). Branch T81N, R28W, Sec. 28.

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(7) Unit 2: Boone River Watershed— Ditch 3 and Ditch 19 Complex (iii) Reach 13b. Ditch 19 from its Wright and Hamilton Counties, Iowa. confluence with Ditch 3 (T91N, R26W, (i) Reach 12. Eagle Creek from its (ii) Reach 13a. Ditch 3 from its Sec. 31), upstream through T91N, confluence with the Boone River (T89N, confluence with the Boone River (T91N, R26W, Sec. 31. R25W, Sec. 6), upstream through T91N, R26W, Sec. 32), upstream through (8) Note: Unit 2 (Map 2) follows. R25W, Sec. 30. T91N, R26W, Sec. 30.

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(9) Unit 3: Rock River Watershed— Iowa/Minnesota State border (T100N, Little Rock River Complex Lyon and Osceola Counties, Iowa. R45W, Sec. 8). (ii) Reach 15. Kanaranzi Creek from (iii) Reach 16. Little Rock River from Rock River Complex its confluence with the Rock River State Highway 9 (T100N, R43W, Sec. (i) Reach 14. Rock River from its (T100N, R45W, Sec. 28), upstream to the 34), upstream to the Iowa/Minnesota confluence with Kanaranzi Creek Iowa/Minnesota State border (T100N, State border (T100N, R42W, Sec. 7). (T100N, R45W, Sec. 28), upstream to the R45W, Sec. 11). (10) Note: Unit 3 (Map 3) follows.

BILLING CODE 4310–55–C

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(11) Unit 4: Big Sioux River R47W, Sec. 23), upstream through Sec. 5), upstream through T102N, Watershed—Lincoln, Pipestone and T103N, R46W, Sec. 29. R41W, Sec. 5. Rock, Counties, Minnesota; and Rock (xiv) Reach 3h. Unnamed tributary to (xxx) Reach 4f. Unnamed tributary to River Watershed—Murray, Nobles, Split Rock Creek, from their confluence East Branch Kanaranzi Creek, from their Pipestone and Rock Counties, (T103N, R47W, Sec. 2), upstream confluence (T102N, R42W, Sec. 9), Minnesota. through T103N, R46W, Sec. 8. upstream through T102N, R42W, Sec. (xv) Reach 3i. Unnamed tributary to 22. Medary Creek Complex Split Rock Creek, from their confluence (xxxi) Reach 4g. Unnamed tributary to (i) Reach 1a. Medary Creek from the (T104N, R47W, Sec. 25), upstream East Branch Kanaranzi Creek, from their Minnesota/South Dakota State border through T104N, R46W, Sec. 19. confluence (T102N, R42W, Sec. 5), (T109N, R47W, Sec. 13), upstream (xvi) Reach 3j. Pipestone Creek from upstream through T102N, R42W, Sec. 5. through T110N, R46W, Sec. 21. its confluence with Split Rock Creek (xxxii) Reach 4h. Unnamed tributary (ii) Reach 1b. Unnamed tributary to (T104N, R47W, Sec. 22), upstream to the to Kanaranzi Creek, from their Medary Creek, from their confluence Minnesota/South Dakota State border confluence (T102N, R43W, Sec. 31), (T109N, R46W, Sec. 18), upstream T104N, R47W, Sec. 23. upstream through T102N, R43W, Sec. through T110N, R46W, Sec. 30. (xvii) Reach 3k. Unnamed tributary to 27. Split Rock Creek, from their confluence (xxxiii) Reach 4i. Ash Creek from its Flandreau Creek Complex (T104N, R46W, Sec. 6), upstream confluence with the Rock River (T101N, (iii) Reach 2a. Flandreau Creek from through T105N, R46W, Sec. 36. R45W, Sec. 24), upstream through the Minnesota/South Dakota State (xviii) Reach 3l. Split Rock Creek from T101N, R45W, Sec. 14. border (T107N, R47W, Sec. 14), the headwater of Split Rock Lake (xxxiv) Reach 4j. Elk Creek from its upstream through T109N, R45W, Sec. (T105N, R46W, Sec. 15), upstream confluence with the Rock River (T102N, 31. through T106N, R46W, Sec. 35. R45W, Sec. 36), upstream through (iv) Reach 2b. Unnamed tributary to (xix) Reach 3m. Unnamed tributary to T103N, R43W, Sec. 22. Flandreau Creek, from their confluence Split Rock Creek, from their confluence (xxxv) Reach 4k. Unnamed tributary (T108N, R46W, Sec. 11), upstream (T105N, R46W, Sec. 3), upstream to Elk Creek, from their confluence through T108N, R45W, Sec. 6. through T105N, R46W, Sec. 2. (T102N, R44W, Sec. 16), upstream (v) Reach 2c. East Branch Flandreau (xx) Reach 3n. Beaver Creek from the through T102N, R44W, Sec. 9. Creek from its confluence with Minnesota/South Dakota State border (xxxvi) Reach 4l. Champepadan Creek Flandreau Creek (T108N, R46W, Sec. (T102N, R47W, Sec. 34), upstream from its confluence with the Rock River 14), upstream through T108N, R45W, through T104N, R45W, Sec. 20. (T103N, R44W, Sec. 29), upstream Sec. 4. (xxi) Reach 3o. Springwater Creek through T104N, R43W, Sec. 14. (vi) Reach 2d. Willow Creek from its from its confluence with Beaver Creek (xxxvii) Reach 4m. Unnamed tributary confluence with Flandreau Creek (T102N, R47W, Sec. 34), upstream to Champepadan Creek, from their (T107N, R46W, Sec. 6), upstream through T102N, R46W, Sec. 6. confluence (T104N, R43W, Sec. 14), through T108N, R46W, Sec. 3. (xxii) Reach 3p. Little Beaver Creek upstream through T104N, R43W, Sec. from its confluence with Beaver Creek 13. Split Rock/Pipestone/Beaver Creek (T102N, R46W, Sec. 12), upstream (xxxviii) Reach 4n. Unnamed Complex through T103N, R45W, Sec. 9. tributary to Champepadan Creek, from (vii) Reach 3a. Pipestone Creek from (xxiii) Reach 3q. Unnamed tributary their confluence (T103N, R44W, Sec. the Minnesota/South Dakota State to Beaver Creek, from their confluence 23), upstream through T103N, R44W, border (T106N, R47W, Sec. 23), (T102N, R46W, Sec. 1), upstream Sec. 24. upstream through T106N, R46W, Sec. 1. through T103N, R46W, Sec. 35. (xxxix) Reach 4o. Unnamed tributary (viii) Reach 3b. Unnamed tributary to (xxiv) Reach 3r. Unnamed tributary to to Champepadan Creek, from their Pipestone Creek, from their confluence Beaver Creek, from their confluence confluence (T103N, R44W, Sec. 23), (T106N, R47W, Sec. 24), upstream (T103N, R45W, Sec. 18), upstream upstream through T103N, R44W, Sec. through T106N, R46W, Sec. 19. through T104N, R46W, Sec. 36. 12. (ix) Reach 3c. Unnamed tributary to (xl) Reach 4p. Unnamed tributary to Pipestone Creek, from the Minnesota/ Rock River Complex the Rock River, from their confluence South Dakota State border (T105N, (xxv) Reach 4a. Rock River from the (T103N, R44W, Sec. 17), upstream R47W, Sec. 2), upstream through Minnesota/Iowa State border (T101N, through T104N, R44W, Sec. 26. T105N, R46W, Sec. 1. R45W, Sec. 36), upstream through (xli) Reach 4q. Mound Creek from its (x) Reach 3d. North Branch Pipestone T107N, R44W, Sec. 7. confluence with the Rock River (T103N, Creek from its confluence with (xxvi) Reach 4b. Kanaranzi Creek from R44W, Sec. 30), upstream through Pipestone Creek (T106N, R46W, Sec. 5), the Minnesota/Iowa State border T104N, R45W, Sec. 35. upstream through T107N, R45W, Sec. 4. (T101N, R44W, Sec. 33), upstream (xlii) Reach 4r. Unnamed tributary to (xi) Reach 3e. Unnamed tributary to through T103N, R42W, Sec. 7). the Rock River, from their confluence North Branch Pipestone Creek, from (xxvii) Reach 4c. Norwegian Creek (T103N, R44W, Sec. 8), upstream their confluence (T107N, R45W, Sec. 4), from its confluence with Kanaranzi through T104N, R45W, Sec. 33. upstream through T108N, R45W, Sec. Creek (T101N, R44W, Sec. 25), upstream (xliii) Reach 4s. Unnamed tributary to 23. through T101N, R43W, Sec. 21. the Rock River, from their confluence (xii) Reach 3f. Split Rock Creek from (xxviii) Reach 4d. Unnamed tributary (T104N, R44W, Sec. 28), upstream the Minnesota/South Dakota State to Norwegian Creek, from their through T104N, R44W, Sec. 11. border (T103N, R47W, Sec. 2), upstream confluence (T101N, R44W, Sec. 20), (xliv) Reach 4t. Unnamed tributary to to Split Rock Lake Outlet (T105N, upstream through T101N, R44W, Sec. the Rock River, from their confluence R46W, Sec. 22). 16. (T104N, R44W, Sec. 16), upstream (xiii) Reach 3g. Unnamed tributary to (xxix) Reach 4e. East Branch through T104N, R44W, Sec. 10. Split Rock Creek from the Minnesota/ Kanaranzi Creek from its confluence (xlv) Reach 4u. Poplar Creek from its South Dakota State border (T103N, with Kanaranzi Creek (T102N, R42W, confluence with the Rock River (T104N,

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R44W, Sec. 5), upstream through (l) Reach 4z. Unnamed tributary to the (liv) Reach 5b. Little Rock Creek from T105N, R45W, Sec. 32. Rock River, from their confluence its confluence with the Little Rock River (xlvi) Reach 4v. Unnamed tributary to (T106N, R44W, Sec. 33), upstream (T101N, R42W, Sec. 26), upstream Poplar Creek, from their confluence through T106N, R44W, Sec. 23. through T102N, R42W, Sec. 34. (T105N, R45W, Sec. 27), upstream (li) Reach 4aa. East Branch Rock River Mud Creek Complex through T105N, R45W, Sec. 9. from its confluence with the Rock River (lv) Reach 6a. Mud Creek from the (xlvii) Reach 4w. Chanarambie Creek (T106N, R44W, Sec. 18), upstream through T107N, R44W, Sec. 27. Minnesota/Iowa State border (T101N, from its confluence with the Rock River R46W, Sec. 34), upstream thru T101N, (T105N, R44W, Sec. 33), upstream (lii) Reach 4bb. Unnamed tributary to R46W, Sec. 11. through T105N, R43W, Sec. 8. East Branch Rock River, from their (lvi) Reach 6b. Unnamed tributary to (xlviii) Reach 4x. North Branch confluence (T107N, R44W, Sec. 34), Mud Creek, from their confluence Chanarambie Creek from its confluence upstream through T107N, R44W, Sec. (T101N, R46W, Sec. 22), upstream with Chanarambie Creek (T105N, R43W, 35. through T101N, R46W, Sec. 24. Sec. 8), upstream through T106N, Little Rock River Complex (lvii) Reach 6c. Unnamed tributary to R43W, Sec. 18. Mud Creek, from their confluence (xlix) Reach 4y. Unnamed tributary to (liii) Reach 5a. Little Rock River from (T101N, R46W, Sec. 11), upstream the Rock River, from their confluence the Minnesota/Iowa State border through T101N, R46W, Sec. 1. (T105N, R44W, Sec. 8), upstream (T101N, R42W, Sec. 35), upstream (12) Note: Unit 4 (Map 4) follows. through T106N, R45W, Sec. 36. through T102N, R41W, Sec. 34. BILLING CODE 4310–55–P

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(13) Unit 5: Elkhorn River Taylor Creek from its confluence with (14) Note: Unit 5 (Map 5) follows. Watershed—Madison County, Nebraska. Union Creek (T22N, R1W, Sec. 32), upstream through T22N, R2W, Sec. 22.

* * * * * Dated: July 16, 2004. Paul Hoffman, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 04–16646 Filed 7–26–04; 8:45 am] BILLING CODE 4310–55–C

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Part III

Department of Transportation Federal Aviation Administration

14 CFR Parts 1, 21, et al. Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft; Final Rule

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DEPARTMENT OF TRANSPORTATION parts 43 and 65), contact Bill O’Brien, shortly after publication of the rule in Aircraft Maintenance Division (AFS– the Federal Register. The FAA could Federal Aviation Administration 305), Federal Aviation Administration, then provide the public with many of 800 Independence Ave., SW., the benefits of the rule while 14 CFR Parts 1, 21, 43, 45, 61, 65, and Washington, DC 20591; telephone (202) concurrently carrying out a plan for 91 267–3796. implementing other portions of the rule. [Docket No. FAA–2001–11133; Amendment In addition, information on the The plan will contain milestones for No. 1–53; 21–85; 43–39; 45–24; 61–110; 65– implementation of this rule is available completion of the specific guidance, 45; 91–282] on http://AFS600.faa.gov. policy, and infrastructure necessary for SUPPLEMENTARY INFORMATION: the public to conduct operations and RIN 2120—AH19 seek certification under the new Availability of Rulemaking Documents regulations. Selection of this option, for Certification of Aircraft and Airmen for You can get an electronic copy using example, will permit currently the Operation of Light-Sport Aircraft the Internet by— certificated pilots to take advantage of AGENCY: Federal Aviation (1) Searching the Department of many of the benefits of the new rule, Administration (FAA), DOT. Transportation’s (DOT) electronic such as those provisions relating to the Docket Management System (DMS) Web ACTION: Final rule. exercise of sport pilot privileges without page (http://dms.dot.gov/search). the necessity of holding an airman SUMMARY: The FAA is creating a new (2) Visiting the FAA Office of medical certificate. The infrastructure to rule for the manufacture, certification, Rulemaking’s Web page at http:// implement other provisions of the rule operation, and maintenance of light- www.faa.gov/avr/arm/index.cfn. can be developed during this period. sport aircraft. Light-sport aircraft weigh (3) Accessing the Government Due to the agency’s intent to provide less than 1,320 pounds (1,430 pounds Printing Office’s Web page at http:// the public with as many of the benefits _ for aircraft intended for operation on www.access.gpo.gov/su docs/aces/ of the rule as soon as possible, the water) and are heavier and faster than aces140.html. agency has established a single effective ultralight vehicles and include You can also get a copy by submitting date of September 1, 2004 for the final airplanes, gliders, balloons, powered a request to the Federal Aviation rule. Shortly after publication of this parachutes, weight-shift-control aircraft, Administration, Office of Rulemaking, rule, the FAA will post an and gyroplanes. This action is necessary ARM–1, 800 Independence Avenue implementation plan for the rule on the to address advances in sport and SW., Washington, DC 20591, or by FAA Sport Pilot and Light-Sport recreational aviation technology, lack of calling (202) 267–9680. Identify the Aircraft Web site, http://www.faa.gov/ appropriate regulations for existing amendment number or docket number avr/afs/ sportpilot or http:// aircraft, several petitions for of this rulemaking. AFS600.faa.gov. The FAA recognizes You may search the electronic form of rulemaking, and petitions for that persons seeking certification as all comments received into any of our exemptions from existing regulations. airmen under the rule or seeking the dockets by the name of the individual The intended effect of this action is to certification of light-sport aircraft under submitting the comment (or signing the provide for the manufacture of safe and the rule will not be able to obtain such comment, if submitted on behalf of an economical certificated aircraft that certification immediately after the rule’s association, business, or labor union, exceed the limits currently allowed by effective date. The FAA, however, will etc.). You may review DOT’s complete ultralight regulation, and to allow work closely with the sport aviation Privacy Act statement in the April 11, operation of these aircraft by certificated community and those organizations that 2000 Federal Register (65 FR 19477) or pilots for sport and recreation, to carry support its members to ensure that each at http://dms.dot.gov. a passenger, and to conduct flight milestone on the FAA’s implementation training and towing in a safe manner. Implementation Information plan is met and that information regarding implementation of the rule is DATES: Effective September 1, 2004. The FAA spent a considerable amount made available in a timely manner. FOR FURTHER INFORMATION CONTACT: For of time determining the effective date of The FAA has also reissued questions on airman certification and the final rule. Based on a review of the exemptions to the Experimental Aircraft operational issues (parts 1, 61, and 91 of planning and scheduling of the tasks Association (EAA), the United States title 14, Code of Federal Regulations (14 necessary to support the development of Ultralight Organization (USUA), and CFR)), contact Susan Gardner, Flight the infrastructure to implement the final Aero Sports Connection (ASC) that Standards Service, General Aviation and rule, the agency believes that it had two address flight training in ultralight Commercial Division (AFS–800), options in determining this date. The vehicles. These revised exemptions Federal Aviation Administration, 800 first option was to establish the effective from certain provisions of 14 CFR part Independence Ave., SW., Washington, date of the rule after all of the guidance, 103 contain an expiration date of DC 20591; telephone 907–271–2034 or policy, and infrastructure was in place January 31, 2008. This date coincides 202–267–8212. to implement the rule. The FAA with the date established to transition For questions on aircraft certification considered the economic impact of existing ultralight training vehicles, and identification (14 CFR parts 21 and delaying the implementation of the rule single and two-place ultralight-like 45), contact Scott Sedgwick, Aircraft while waiting for all of this material to aircraft, and ultralight operators and Certification Service, Small Airplane be completed and believes that such instructors to the provisions of the final Directorate (ACE–100), Federal Aviation action would not be in the best interest rule. Administration, 901 Locust Street, of those persons affected by the rule. Kansas City, MO 64106; telephone 816– Additionally, the complexity of the rule Small Business Regulatory Enforcement 329–2464; fax 816–329–4090; e-mail 9– and the interrelationship among many Fairness Act ACE–AVR–SPORTPILOT– of its new provisions makes the use of The Small Business Regulatory [email protected]. more than a single effective date for the Enforcement Fairness Act (SBREFA) of For questions on aircraft maintenance rule difficult to implement. The second 1996 requires the FAA to comply with and repairman certification (14 CFR option was to select an effective date small entity requests for information or

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advice about compliance with statutes III.4. SFAR No. 89 I.2. Public Comment Period III.5.A. Comments on Ultralight Vehicles and regulations within its jurisdiction. The FAA received over 4,700 Therefore, any small entity that has a III.5.B. Future Rulemaking on Ultralight Vehicles comments to the NPRM. Of those, 2,913 question regarding this document may were in response to the publication of contact its local FAA official, or the IV. Comparative Tables V. Section-by-Section Discussion of the NPRM in the Federal Register, and person listed under FOR FURTHER Comments and Changes Incorporated approximately 1,800 additional INFORMATION CONTACT above. You can Into the Final Rule comments came through the on-line find out more about SBREFA on the V.1. Part 1 forum. To read the on-line forum Internet at http://www.faa.gov/avr/arm/ V.2. Part 21 comments, go to the electronic docket sbrefa.htm. V.3. Part 43 address given above in the section Guide to Terms and Acronyms V.3.A. Part 43—General Issues entitled ‘‘Availability of Rulemaking Frequently Used in This Document V.3.B. Part 43—Section-by-Section Documents’’ and view item number Discussion 2676 in Docket No. FAA–2001–11133. A AD—Airworthiness Directive V.4. Part 45 detailed discussion of the public’s AGL—Above ground level V.5. Part 61 comments and the FAA’s responses are AME—Aviation Medical Examiner V.5.A. Part 61—General Issues in ‘‘V. Section-by-Section Discussion of V.5.A.i. SFAR No. 89 Conversion Table ARAC—Aviation Rulemaking Advisory Comments and Changes Incorporated V.5.A.ii. Medical Provisions Committee Into the Final Rule.’’ ASC— Aero Sports Connection V.5.A.iii. Flight Training and Proficiency ATC—Air traffic control Requirements Most commenters expressed BAA— Bilateral Airworthiness Agreement V.5.A.iv. Make and Model Logbook fundamental agreement with the FAA’s BASA— Bilateral Aviation Safety Agreement Endorsements, and Sets of Aircraft intent in proposing the rule. While there CAS—Calibrated airspeed V.5.A.v. Changes to Airspace Restrictions were many comments containing DAR—Designated Airworthiness V.5.A.vi. Changes to Altitude Limitations specific criticisms of the proposed rule Representative V.5.A.vii. Gyroplanes and suggestions for how the rule could DPE—Designated pilot examiner V.5.A.viii. Demonstration of Aircraft to be improved, few of the commenters EAA—Experimental Aircraft Association Perspective Buyers expressed a complete disagreement with Experimental light-sport aircraft—Aircraft V.5.A.ix. Category and Class Discussion: the FAA’s goal of providing for the issued an experimental certificate under FAA Form 8710–11 Submission manufacture of safe and economical § 21.191(i) V.5.B. Part 61 Section-by-Section IFR—Instrument flight rules aircraft and to allow operation of these Discussion LTA—Lighter-than-air aircraft by the public in a safe manner. V.6. Part 65 MSL—Mean sea level Some comments contained numerous NAS—National Airspace System V.7. Part 91 specific suggestions and criticisms, yet V.7.A. Part 91—General Issues NM—Nautical mile were prefaced by a statement of support V.7.B. Part 91—Section-by-Section NTSB—National Transportation Safety Board for the FAA’s efforts to make aviation PMA—Parts Manufacturer Approval Discussion VI. Plain Language more accessible to the general public. It SFAR—Special Federal Aviation Regulation should be noted that, while not Special light-sport aircraft—Aircraft issued a VII. Paperwork Reduction Act special airworthiness certificate in the VIII. International Compatibility substantial in number, several light-sport category (or, aircraft issued a IX. Economic Assessment commenters expressed a fundamental special airworthiness certificate under X. Regulatory Flexibility Determination disagreement with the FAA’s proposed § 21.190) XI. Trade Impact Analysis action, based upon a lack of confidence STC—Supplemental type certificate XII. Unfunded Mandates Assessment in the ultralight community. The TC—Type certificate XIII. Executive Order 3132, Federalism commenters did not support these TSO—Technical Standard Order XIV. Environmental Analysis concerns with accompanying data. Ultralight-like aircraft—An unregistered XV. Energy Impact aircraft that exceeds the parameters of part XVI. List of Subjects I.3. Ex Parte Communications 103 and meets the definition of ‘‘light-sport The FAA worked closely with aircraft’’ I. The Proposed Rule USUA—United States Ultralight Association industry associations on this rulemaking VH—Maximum airspeed in level flight with I.1. NPRM and On-Line Public Forum in a number of ways. FAA staff maximum continuous power conducted informational sessions with VNE—Maximum never-exceed speed On February 5, 2002 the FAA interested groups to determine how VS0—Maximum stalling speed or minimum published the Notice of Proposed these rules, if adopted, should best be steady flight speed in landing Rulemaking (NPRM), ‘‘Certification of implemented. The FAA also assisted configuration Aircraft and Airmen for the Operation of manufacturers in the development of VS1—Maximum stalling speed or minimum Light-Sport Aircraft’’ (67 FR 5368; Feb. consensus standards for light-sport steady flight speed without the use of lift- 5, 2002), and requested comments by aircraft. The Experimental Aircraft enhancing devices May 6, 2002. In addition, the FAA held Association (EAA) and others met with Outline of This Document an on-line public forum from April 1, the FAA repeatedly to urge the I. The Proposed Rule 2002, until April 19, 2002, during which completion of this rulemaking as I.1. NPRM and On-Line Public Forum time the FAA posed 15 questions on the quickly as possible so as to meet the I.2. Public Comment Period Internet. For a description of the on-line public need for authority to engage in I.3. Ex Parte Communications public forum and a list of the 15 activities permitted under this rule. II. Purpose of This Final Rule questions, see the FAA’s announcement On occasion, FAA personnel met with III. General Discussion of Changes in the published in the Federal Register on interested organizations to discuss Final Rule III.1. FAA Judgment and Discretion March 19, 2002 (67 FR 12826; March 19, specific aspects of the NPRM and to III.2. Summary of Significant Issues Raised 2002). The NPRM and the determine, based on information By Commenters announcement of the on-line public received from these groups, how the III.3. Security Concerns Related to Pilot forum are in the public docket for this NPRM should be modified. The issues Identification and Certification rulemaking. discussed, however, were also set out in

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numerous comments to the public /faa.gov/avr/afs/sportpilot and click on and paragliders by ultralight pilots; docket. These discussions, while of an FAQs) to reflect the changes being part 103—691 comments ex parte nature, have helped to develop adopted in this final rule. b. Prohibition of towing of hangliders a final rule that is responsive to the and paragliders by light-sport III. General Discussion of Changes in comments. The revisions to the NPRM, aircraft; SFAR No. 89 section the Final Rule as adopted in this final rule, respond to 73(b)(12)—607 comments written and oral concerns raised by III.1. FAA Judgment and Discretion • Section 1.1 definition of ‘‘light-sport aircraft’’—122 comments individuals and organizations. This As the following summary reflects, • Maximum weight limits for light-sport final rule reflects the FAA’s commenters provided a variety of aircraft; § 1.1 definition of ‘‘light- independent judgment as to the suggestions for the rule. As discussed sport aircraft’’ paragraph (1)—489 appropriate level of safety for the more completely in the section-by- comments manufacture and operation of light-sport section discussions that follow, the FAA aircraft. • Maximum speed in level flight under carefully considered the comments. maximum continuous power for II. Purpose of This Rule Besides the specific issues in the light-sport aircraft; § 1.1 definition The FAA intends this rule to— comments, the FAA weighed two factors of ‘‘light-sport aircraft’’ paragraph • Increase safety in the light-sport in adopting, modifying, or rejecting the (2)—141 comments aircraft community by closing the gaps comments. • Maximum stall speed limits for light- in existing regulations and by First, the FAA is making decisions in sport aircraft; § 1.1 definition of accommodating new advances in a new area for regulation. Although ‘‘light-sport aircraft’’ paragraph technology. some experience exists in similar (4)—62 comments • Provide for the manufacture of aircraft, the rule anticipates growth and • Fixed or ground-adjustable propellers light-sport aircraft that are safe for their change in the industry. There are areas and repositionable landing gear on intended operations. where only time and experience will light-sport aircraft; § 1.1 definition • Allow operation of light-sport determine whether these regulatory of ‘‘light-sport aircraft’’ paragraphs aircraft exceeding the limits of ultralight provisions meet the FAA’s expectations (8) and (11)—116 comments vehicles operated under 14 CFR part or require modification. There is room • Sport pilot certification (general 103, with a passenger and for flight for debate and disagreement, and the comments on SFAR No. 89)—653 training, rental, and towing. FAA is prepared to make changes when comments • Establish training and certification appropriate. But in the FAA’s judgment, • Maximum speed limit on student requirements for repairman (light-sport these standards strike a balance in favor pilot operation of light-sport aircraft) to maintain and inspect light- of safety while allowing freedom to aircraft; SFAR No. 89 section sport aircraft. operate. 35(e)—57 comments The rule is designed to allow Second, there are situations where a • Altitude limits on operation of light- individuals to experience sport and line must be drawn. For example, the sport aircraft; SFAR No. 89 section recreational aviation in a manner that is case can be made that the maximum 73(b)(6)—55 comments safe for the intended operations, but not weight or speed could be somewhat • Logbook endorsement requirement for overly burdensome. By bringing these higher or lower than what is being each make and model of light-sport individuals under a new regulatory adopted. In these situations, the FAA is aircraft; SFAR No. 89 section 61— framework, the FAA believes this rule not establishing this rule with the intent 129 comments lays the groundwork for enhancing of including or excluding specific • Repairman certification; § 65.107— safety in the light-sport aircraft category. aircraft. Instead, the FAA is trying to 159 comments This rule does not change existing objectively determine where the line • Existing exemptions for two-seat aircraft certification or maintenance should be drawn while considering the ultralight vehicles; part 103—288 regulations for aircraft already issued an appropriate level of safety and the comments airworthiness certificate, such as a complexity of the operation. • Operation of ultralights that would be standard, primary, or special certificate III.2. Summary of Significant Issues issued an experimental certificate; (e.g., experimental amateur-built and Raised by Commenters § 21.191(i)—116 comments experimental exhibition aircraft). • Use of a U.S. driver’s license to However, as discussed in the section-by- While most commenters expressed a establish medical eligibility; SFAR section preamble discussion for § 1.1, desire to see some aspect of the 89, sections 15 and 111—230 Definition of Light-Sport Aircraft, a proposed rule revised, they either comments sport pilot can operate an aircraft agreed with the proposed regulation meeting the light-sport aircraft overall or agreed with the intent of the III.3. Security Concerns Related to Pilot definition in § 1.1, regardless of the proposal. Most commenters believed the Identification and Certification airworthiness certificate issued. In proposal would succeed if revised to One State’s Department of addition, this rule does not change address the issues they identified. Transportation’s aeronautical division existing part 103 requirements. Significant issues raised by expressed concern that allowing persons A more detailed discussion and commenters are listed below, with with a driver’s license as a sole form of justification for the rule can be found in reference to the corresponding proposal. identification to have access to airports the preamble to the NPRM published in These issues account for approximately and the airspace system would reduce the Federal Register on February 5, 80 percent of the comments. They, and pilot identification standards and would 2002. On page 5370 of that Federal other comments on the NPRM, are lead to reduced security. The Register publication, is a section discussed in detail under ‘‘V. Section- commenter said that since the terrorist entitled ‘‘Effects of the Proposal on the by-Section Discussion of Comments and attacks of September 11, 2001, airport Public and Industry’’ that gives answers Changes Incorporated Into the Final security identification, as well as pilot to frequently asked questions (FAQs). Rule.’’ identification, are under greater These questions and answers have been • Towing: 1,298 comments scrutiny, and that higher standards must updated on the FAA’s Web site (http:/ a. Prohibition of towing of hangliders be established to prevent unauthorized

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access to airports and aircraft. The performing work on light-sport aircraft • The prohibition on towing commenter went on to say that will be required to hold repairman hangliders and paragliders by light-sport additional scrutiny provided by the (light-sport aircraft) certificates. aircraft; SFAR No. 89 section process of obtaining a pilot certificate, According to new security procedures, 73(b)(12)—607 comments. an airman medical certificate, and their names will be entered into the Towing issues are discussed in the passing an FAA practical test is a FAA airman registry. In addition, all section-by-section analysis for § 61.69. welcome safety enhancement at this existing unregistered ultralight-like Four hundred and four comments time and must not be eliminated. aircraft and two-place utralight training addressed—(1) eliminating existing The FAA agrees that the additional vehicles will now, as certificated exemptions from part 103 (288 scrutiny provided by the process of aircraft, be required to display an ‘‘N’’ comments) and (2) reclassifying aircraft obtaining a pilot certificate, an airman registration number. These numbers operating under exemptions to part 103 medical certificate, and passing an FAA will also be entered into the FAA as light-sport aircraft under § 21.191(i) practical test enhances safety. The FAA aircraft registry. This will enable the (116 comments). The commenters were is not eliminating any of these TSA to conduct any necessary security nearly uniform in their opposition to certificates or testing requirements for screening for certificated airmen and eliminating existing exemptions from holders of currently issued pilot registered aircraft operating in the part 103 and codifying the exemptions certificates. All persons operating an National Airspace System (NAS). into parts 21 and 61. The majority of aircraft are required to possess a pilot These new sport pilots will now be commenters opposed including certificate and pass a practical test. All required to make themselves aware of ultralights in the proposed regulation. persons issued at least a recreational safety- and security-related information Almost all commenters suggested pilot certificate (except those operating contained in notices to airmen keeping ultralight regulation as it is, but gliders and balloons) are also required (NOTAMs). Currently, operators of incorporating existing exemptions from to possess an airman medical certificate. ultralight vehicles are not required to part 103 into that part. This rulemaking action will bring review these NOTAMs; although those Part 103 defines an ultralight vehicle persons who were formerly operating as who receive voluntary training and and prescribes the operating rules for ultralight pilots into an existing participate in industry-provided these vehicles. An ultralight vehicle is certification system that will provide ultralight programs are encouraged to either an unpowered or powered vehicle further scrutiny of these individuals. access this information that is made with certain weight, speed, and other These ultralight pilots have not been available through their organizations. required to have pilot certificates, limits, as prescribed in § 103.1. An possess airman medical certificates or III.4. SFAR No. 89 ultralight vehicle can carry only one driver’s licenses, or been required to occupant and be used for sport and The FAA proposed most of the sport recreational purposes. The ultralight take practical tests. Therefore, they have pilot certification requirements as a not been subject to any level of industry has established voluntary Special Federal Aviation Regulation government scrutiny. Only sport pilots, training programs and recommended (SFAR). After further consideration, the or those seeking to exercise sport pilot maintenance practices. In an effort to FAA decided not to use the SFAR, but privileges will be afforded the encourage the use of these voluntary to codify most of the requirements as opportunity to exercise certificate training programs, the FAA has granted new subparts J and K of part 61, and the privileges with either an airman medical exemptions to part 103 that allow— remainder in the existing structure of • certificate or a U.S. driver’s license. Training and proficiency flights to part 61. The SFAR format is appropriate These persons will be required to be conducted in a two-place ultralight to regulate operations in a very narrow possess a pilot certificate and pass a vehicle operated by an ultralight flight set of circumstances, to address a practical test. instructor or ultralight student. • Sport pilots, like all pilots, will have temporary situation, or both. However, Tandem training operations for to hold and possess their sport or light-sport aircraft and their operation hang gliders and powered paragliders student pilot certificates at all times will be a significant segment of aviation conducted by an ultralight flight when operating light-sport aircraft. and will require long-term regulatory instructor or ultralight student. Recent FAA rulemaking requires all oversight. • Towing operations in a single-seat pilots to carry photo identification when For the convenience of the user, a and two-seat ultralight-like aircraft to exercising the privileges of a pilot table showing how the sections of SFAR facilitate operations and training in an certificate and to present it, if requested No. 89 were incorporated into part 61 is ultralight vehicle that is a hang glider, by the FAA, an authorized provided under ‘‘V. Section-by-Section glider, or paraglider. representative of the National Discussion of Comments and Changes The FAA has granted these Transportation Safety Board (NTSB), the Incorporated Into the Final Rule.’’ exemptions to part 103 to gather data Transportation Security Administration III.5.A. Comments on Ultralight Vehicles and to temporarily meet the training (TSA), or a law enforcement officer (67 needs for persons operating ultralight FR 65858; Oct. 28, 2002). That rule will The comments regarding ultralight vehicles and to resolve operational apply to all sport pilots. vehicles were so significant, that, except issues such as towing. Additionally, the FAA is creating for towing issues, a response is Commenters contended that FAA Form 8710–11 ‘‘Sport Pilot presented here, rather than in the eliminating existing training exemptions Certificate and/or Rating Application.’’ section-by-section analysis below. A from part 103 would— Information from the applicant’s U.S. total of 1,586 comments were related to • Force unregistered two-place driver’s license or airman medical the operation of ultralights under the training ultralights to be classified as certificate will be recorded on the form. proposed rule. Of those, 1,298 experimental light-sport aircraft, which As a result of this new regulatory comments addressed ultralight towing, would prevent their use for action, an estimated 15,000 persons specifically— compensation or hire and increase the operating ultralight-like aircraft now • The prohibition on towing operating costs of these aircraft; and will be required to hold pilot hangliders and paragliders by ultralight • Place unregistered single-place and certificates. In addition, persons pilots; part 103—691 comments; and two-place ultralight-like aircraft and

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standard category aircraft under the exemption provisions used by USUA that they will be used to conduct do not same regulation. and other ultralight associations warrant the more extensive certification Many of these commenters incorporated in the regulations. USUA standards applied to primary or specifically referred to the United States noted that its recommendation to standard category aircraft. The FAA Ultralight Association (USUA)’s expand the parameters of ultralight believes that the use of consensus comprehensive suggestion for a two- vehicles currently regulated by part 103 standards provides a level of safety tiered approach for the regulation of has an international precedent in appropriate for the operation of the ultralight vehicles and light-sport Europe. USUA also noted that the aircraft. aircraft. USUA recommended that the Federation Aeronautique Internationale Concerning the regulation of airmen FAA not only retain the proposed (FAI), the world governing body of air and flight operations, FAA does not regulations for light-sport aircraft, but sports activities, has defined microlights completely agree with USUA’s proposal. also adopt additional regulations as weighing up to 450 kg (992 pounds) The FAA does not agree that the part codifying long-standing FAA gross weight, with a stall speed no 103 operating environment is exemptions for two-place ultralight greater than 65 kilometers per hour appropriate for the larger, heavier, training. One set of regulations (Tier I) (kph) (35 knots), and the Joint Aviation higher performance aircraft USUA’s would address single- and two-place Authorities (JAA) have accepted this proposal identifies as ‘‘Tier 1’’ Ultralight ultralight-like aircraft. Single-place definition. Aircraft.’’ The FAA acknowledges the aircraft would be limited to 360 pounds Regarding airspeed, the rule allows a safety benefits for aircraft design and empty weight (662 pounds maximum sport pilot to fly only a light-sport manufacturing and airman training that gross weight), 10 gallons maximum fuel aircraft that has a maximum airspeed in have resulted from the exemption capacity, 32 knots maximum power-off level flight with maximum continuous process; however, the FAA believes that stall speed, and 72 knots VH. Two-place power (VH) of 87 knots CAS or less, the operational characteristics of these aircraft under Tier I would be limited to unless he or she receives additional aircraft are of such a degree that a more 496 pounds empty weight (992 pounds training and a one-time endorsement to comprehensive regulatory structure maximum gross weight), 10 gallons operate a light-sport aircraft with a VH should be applicable to their operation. maximum fuel capacity, 35 knots up to 120 knots CAS. On the weight Like USUA, most commenters who maximum power-off stall speed, and 75 criterion, the FAA proposed a weight are ultralight pilots stated that knots VH. Another set of regulations limit of 1,232 pounds, which is ultralights fundamentally differ from (Tier II) would address light-sport increased to 1,320 pounds in the final standard category aircraft, and that the airplanes, using the weight and rule for aircraft not intended for FAA should continue to regulate performance limits as proposed in the operation on water. This weight is ultralights, regardless of their size, NPRM. maximum gross takeoff weight and is under part 103. For two reasons, the USUA’s suggested regulations for essentially equivalent to the empty FAA disagrees with the suggestion that ultralight vehicles would accommodate weight suggested by USUA. The gross all ultralight-like aircraft should be both ‘‘fat single- and two-place takeoff weight includes the added regulated under part 103, either with ultralight aircraft.’’ USUA stated that weight of two passengers, ten or more incorporations of the existing training this regulation could require registration gallons of fuel, one or more pieces of exemptions or with a continuation of of these aircraft. This action would luggage, and a ballistic parachute the current exemptions. enable the FAA to provide safety carried on an aircraft. This weight First, that approach would not information to the owners and permit allows the aircraft to be constructed provide the solution recommended training for compensation, as permitted with stronger materials, to use stronger specifically by the Aviation Rulemaking under current exemptions. USUA noted landing gear, and to use a heavier and Advisory Committee (ARAC). USUA that these ultralight vehicles would more powerful four-stroke engine. All of chaired the ARAC working group that have more restrictions than light-sport these items were specifically requested addressed the regulation of ultralight aircraft. For example, they would not be by industry and other commenters, most vehicles. That working group of the permitted to operate over congested often in the interest of safety. The committee was made up of members of areas, and would require prior air traffic consensus standards will address a the ultralight industry and produced a control (ATC) permission for flight in minimum weight for design standards comprehensive recommendation to the controlled airspace. for a single-place light-sport aircraft. FAA regarding ultralight regulation. The USUA was unequivocal in its USUA’s recommendation was FAA notes that the ARAC comments on the proposed rule, stating influential on the ultralight community. recommendation did not include that the FAA must update ultralight Most commenters addressing the subject USUA’s proposal to expand part 103 to regulations to better reflect the manner of ultralights simply recommended that include larger aircraft. The ARAC in which ultralights are currently flown the FAA adopt the USUA’s two-tiered recommendation did, however, include in the United States. USUA stated that approach; however, many of these the USUA’s position as a dissenting two-place ultralights have become commenters did not supply any analysis opinion. ARAC’s recommendation to heavier since part 103 was established to support their recommendation. focus on appropriate training for sport in 1980, and that two-seat ultralight Concerning the aircraft certification pilots served as the basis for the FAA’s training has become common as a result component of the USUA’s proposed proposed rule. ARAC’s recommendation of the training exemptions. The USUA two-tiered concept, the FAA believes did not propose either the continuation stated that its suggested regulatory that the use of consensus standards is of existing part 103 exemptions, or the approach would include two-seat and appropriate for aircraft that exceed the codification of those exemptions into single-seat unregistered ultralight-like parameters of ultralight vehicles as part 103. See the discussion in the aircraft, allowing for a permanent specified in part 103, yet do not exceed preamble of the NPRM, ‘‘Section V. The solution to the ongoing problem of how the parameters of a light-sport aircraft. Aviation Rulemaking Advisory to regulate ultralights that do not The FAA believes that the operating Committee (ARAC).’’ comply with part 103. characteristics of these aircraft Second, the FAA issued exemptions USUA clearly stated that ultralight necessitate their certification. However, to temporarily resolve training issues pilots want the part 103 training their characteristics and the operations and operational issues such as towing.

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In the preamble to the rule establishing having an operational control tower. A ultralight-like aircraft will provide part 103 (47 FR 38776; Sept. 2, 1982), sport pilot can only do so, however, if instruction at a lower cost and with the FAA explained its rationale for the light-sport aircraft he or she is greater safety. permitting no more than a single operating is properly equipped and In some cases, the rule is more occupant in an ultralight vehicle. The authorized for that operation. The FAA restrictive than USUA’s FAA noted that the general public might is also providing that, like a student recommendation, but the FAA is using incorrectly assume that an ultralight pilot, a sport pilot will not be a building-block approach in extending operator possesses certain minimum authorized to take off or land at any of privileges to sport pilots. The rule qualifications and has met specific the airports listed in part 91, appendix permits a sport pilot to obtain additional requirements resulting in the issuance D, section 4. For a complete discussion, training to permit the exercise of of a pilot certificate. The public would see ‘‘V.5.A.v. Changes to Airspace additional privileges at a later time. In be unaware of the risks that an ultralight Restrictions’’ and the discussion of the proposed rule, the FAA stated that pilot assumes with the operation of an § 91.131 below. uncertificated ultralight vehicle. The there would be many safety benefits to The FAA notes that many of USUA’s certificating sport pilots, light-sport FAA still believes that it would be suggestions were incorporated in the inappropriate to permit the operation of aircraft, and the repairman who would FAA’s proposal. The FAA agreed with maintain these aircraft that would not larger and more capable ultralight-like the recommendation that it not permit aircraft without the benefits afforded by be realized under the USUA proposal. flight at night. However, the rule will For a complete discussion of these the certification of these aircraft and permit special light-sport aircraft to fly their pilots. In addition, extending safety benefits and alternatives refer to over cities. The use of light-sport aircraft the discussion in the preamble of the current training exemptions on a long- engines that meet consensus standards term basis would be an inappropriate NPRM, ‘‘IV. Background—B. The FAA’s for powerplant performance and Reason for This Proposal.’’ use of the exemption process. It would reliability will make any prohibition of not allow the FAA to address the many flight over cities unnecessary. III.5.B. Future Rulemaking on Ultralight other regulatory changes contemplated Experimental light-sport aircraft (the Vehicles in this rulemaking. existing fleet of ultralight-like aircraft) This rule is intended to provide a will continue to be restricted to flight The NPRM did not address, nor does comprehensive regulatory approach that over uncongested areas. The rule the final rule address, the use of extends beyond the ultralight hangliders, paragliders and powered community. A significant purpose of the provides more privileges than the two- tier system suggested by USUA. The paragliders in tandem operations and rule is to certificate those two-seat training. There is a need to address ultralight-like aircraft previously rule allows the carriage of a passenger for purposes other than flight training, these issues, but the FAA did not operated under part 103 training examine questions in this area for this exemptions and those two-seat and which has never been allowed under part 103 or the part 103 training rule. Rather than delay this rule to single-seat unregistered ultralight-like include these issues, the FAA intends to aircraft operating outside of the exemptions. The rule establishes new initiate a separate rulemaking action. regulations. categories of airman ratings and two Several commenters noted that the new classes of aircraft—(1) weight-shift- Until that can be completed, the FAA speed differential between ultralights control, and (2) powered parachute. The intends to maintain the status quo for and standard category aircraft makes rule allows a special light-sport aircraft these operations by continuing or their operation in the same airspace owner to accept compensation for the reissuing training exemptions as dangerous. However, USUA use of the aircraft for flight training or necessary. towing a glider or unpowered ultralight recommended a continuation of the IV. Comparative Tables current practice allowed under part 103, vehicle. It also allows a light-sport which permits flights in controlled aircraft owner to accept compensation The following tables provide a quick airspace (Class A, B, C, D, and surface- for rental of the aircraft. Neither of these comparison of regulations governing based Class E) with prior ATC privileges had been allowed under the light-sport aircraft and other aircraft. permission. These flights may occur at part 103 exemptions. The rule any altitude, with no equipment establishes the requirements for Abbreviations Used In Tables requirements for communication, repairmen (light-sport aircraft) to A&P—Airframe and powerplant navigation, or identification, and with maintain and inspect the newly CFI—Certificated flight instructor no required pilot training. certificated experimental and special CTD—Computer Testing Designee The FAA has considered the light-sport aircraft. Finally, the final rule DPE—Designated Pilot Examiner comments on the issue of speed addresses the concern that it will limit ELSA—Experimental light-sport aircraft differentials and operations in or prevent the use of currently EW—Empty weight controlled airspace. As adopted, a sport unregistered ultralight-like aircraft. The IFR—Instrument flight rules pilot operating a light-sport aircraft will FAA revised the final rule to assist those LS–I—Light-sport—Inspection be prohibited from operating in Class A who have been operating two-seat LS–M—Light-sport—Maintenance airspace and from operating above ultralight-like aircraft under the part 103 M/M—Make and model 10,000 feet mean sea level (MSL). A training exemptions. The rule provides MTOW—Maximum takeoff weight sport pilot is authorized to operate in a 5-year period during which persons PIC—Pilot in command Class G and E airspace. With training on may continue to operate their two-place PMA—Parts Manufacturer Approval airspace requirements and ultralight-like aircraft and receive SLSA—Special light-sport aircraft communications equivalent to the compensation for flight training, SP—Sport pilot training requirements for a private pilot, provided those aircraft are certificated STC—Supplemental Type Certificate and a one-time endorsement from an as experimental light-sport aircraft. The TC—Type Certificate authorized instructor, a sport pilot can FAA expects that in the long term, TSO—Technical Standard Order operate in Class B, C, and D airspace instructors operating light-sport aircraft VFR—Visual flight rules and to, from, through, or at an airport previously classified as two-seat BILLING CODE 4910–13–P

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(1) For two-place ultralight training done by ultralight instructor registered with (2) Applies to training aircraft used for vehicles operating under an exemption and an FAA-recognized ultralight organization. compensation until January 31, 2010, and registered with an FAA-recognized ultralight tow aircraft used for compensation. organization—100–hour condition inspection

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(3) Applies to aircraft used for flight (5) ELSA—Kit-built (§ 21.191(i)(2)(ii)) or sport category (§ 21.191(i)(3)) meet consensus training or towing for compensation. aircraft that have been previously issued a standards. (4) Applies to aircraft used for flight special airworthiness certificate in the light- instruction for hire—§ 91.409.

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BILLING CODE 4910–13–C of the large number of comments SFAR No. 89 are being moved into part V. Section-by-Section Discussion of received on the proposed rule, it is not 61, and a conversion table is included Comments and Changes Incorporated possible to discuss each commenter’s for the reader’s convenience in the Into Final Rule remarks individually. Some of the discussion of comments to part 61. All changes are being made as the result of comments to proposed SFAR No. 89 The following is a summary of public comments, and others are being therefore are located under the comments for each section of rule text, made after further review within the discussion of changes to part 61. with a description of any changes the FAA. As discussed previously in this FAA is making to the final rule. Because preamble, the requirements proposed as

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V.1. Part 1—Definitions And process. Refer to the comment below to what extent the FAA will be involved Abbreviations from NTSB concerning FAA in the review of consensus standards participation in the revision of after they have been issued. As stated in Section 1.1 General Definitions consensus standards. the NPRM, the FAA will participate in Definition of ‘‘Consensus Standard’’ Several commenters recommended the development of and any revision to delaying the effective date of the rule The FAA received numerous the consensus standards, in accordance until the consensus standards were comments on the topic of consensus with OMB Circular A–119. In the issued. The FAA recognizes that standards. Most commenters expressed preamble of the NPRM, the FAA stated consensus standards may not be support for the concept of airworthiness that it expected a suitable consensus completed by the effective date of the standard to be reviewed every two standards developed by a consensus of rule, and has therefore revised the rule years. As a member of the consensus industry and the FAA. However, some to permit existing two-seat ultralights to standard body, the FAA can call for commenters expressed concern that be used for many of the operations that revisions to the consensus standard they could not review any actual are intended for aircraft manufactured when the agency determines such consensus standards, as the standards to a consensus standard. revisions are necessary. The FAA, as all were nonexistent at the time of the Some commenters were concerned other participants, may propose changes NPRM comment period. These that the consensus standards process to amend the consensus standard to standards would be developed either would only represent viewpoints of address new technology, applications, concurrent with, or subsequent to, the particular manufacturers, and would not or deficiencies. As part of the FAA’s adoption of the rule. The FAA assure adequate representation of small participation in the consensus standards understands the commenters’ concern, manufacturers or aircraft operators. development, the FAA will review but notes that the consensus standards Other commenters believed the proposed consensus standards prior to development process will include consensus standards should not be set the issuance of a Notice of Availability. adequate opportunity for public only by the aircraft manufacturers and The FAA will not issue a Notice of participation and comment. The FAA ASTM International. Another proposed Availability for a consensus standard it further notes that the consensus that a committee of pilots, aircraft considers unacceptable. The FAA will standards process will not replace, but owners, manufacturers, standards notify the public, through a Notice of rather will supplement, existing design, organizations, and regulators should Availability, of its acceptance of a manufacturing, and airworthiness formulate the consensus standards. The consensus standard or any revision to a certification procedures, and that FAA agrees that broad representation of consensus standard. The FAA will alternative consensus standards may be all affected parties is necessary for the continue to participate in revising the found acceptable. FAA to accept a consensus standard. consensus standard at an interval no Since the publication of the proposal, Any and all interested parties can longer than every 2 years. The FAA will a number of aviation organizations have participate in the development of respond to comments on the consensus chosen to work with ASTM consensus standards. In fact, OMB standards in this revision process. International to develop light-sport Circular A–119 requires balanced One commenter proposed that the aircraft consensus standards. ASTM participation and voting. The FAA term ‘‘industry developed consensus International has established Committee believes that the ASTM process airworthiness standard’’ be changed to F37—Light-Sport Aircraft for this balances the representation of product ‘‘industry developed airworthiness standards development task. Anyone manufacturers, product users, and the standard.’’ The FAA prefers that the who desires to comment on the interests of other affected persons. The word ‘‘consensus’’ be included to consensus standards may participate in FAA notes that the current ASTM emphasize that these standards are their development by ASTM consensus standard committees are developed in accordance OMB A–119. International. Also, when an acceptable comprised of individuals representing Use of the term ‘‘consensus’’ will also standard is developed, the FAA will all the perspectives recommended by distinguish consensus standards from publish a Notice of Availability in the the commenter. The FAA believes that airworthiness standards that are Federal Register. This notification will the ASTM standards development developed by the FAA through the include a statement that the FAA has procedures satisfy the other attributes normal rulemaking process and are found the standard acceptable for (openness, due process, and appeals specifically contained in other parts of certification of the specified aircraft process) set forth in OMB Circular A– 14 CFR subchapter C. Within the under the provisions of this rule. This 119 for an acceptable consensus definition, the FAA is removing the statement will assert that: standard body. The OMB Circular modifier ‘‘airworthiness’’ from the • The FAA has participated in the permits FAA to make this phrase ‘‘industry developed consensus development process for this consensus determination. If necessary, the FAA airworthiness standard.’’ This change is standard; will participate with other standards to permit the consensus standards body • The FAA has reviewed the standard development organizations in the to develop light-sport aircraft and sport for compliance with the regulatory development of alternative consensus pilot safety standards that may requirements of the rule; and standards. The FAA would refer to encompass more standards than those • Any light-sport aircraft designed, paragraphs 2, 6.e. and f. of OMB affecting airworthiness. manufactured, and operated in Circular A–119 in making this A commenter stated that FAA accordance with that consensus determination. These paragraphs involvement in developing the criteria standard provides the public with an describe the goals of the government in for certificating light-sport aircraft appropriate level of safety. using consensus standards and the should be minimal to keep aircraft If comments from the public are considerations the FAA should make design and manufacturing costs down. received as a result of the Notice of when considering the use of a As noted above, the FAA has chosen to Availability, the FAA will address them consensus standard. use consensus standards developed in during its recurring review of the The FAA received a comment from accordance with the criteria in OMB consensus standards and participation the NTSB saying that the NPRM lacked Circular A–119 for these aircraft. The in the consensus standards revision sufficient information for it to determine use of the consensus standard process

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assures government and industry address additional topics, as determined also expressed an interest in assembling, discussion and agreement on by the consensus standards body. As a demonstrating, and selling the aircraft. appropriate standards for the required result of FAA’s review of questions from They cite that they were already level of safety. The FAA believes that commenters to the NPRM, and as a providing these distributor-type the consensus standards process will result of FAA’s participation in the services. They further stated that costs minimize costs while meeting the level ongoing development of consensus to ship a completed aircraft are much of safety appropriate for these aircraft. standards, the FAA has determined that more than shipping a kit-built aircraft Several commenters expressed the consensus standards must address that can be assembled at the final concern that the consensus standards the following topics so that appropriate destination. The FAA agrees that would result in excessive increases to information and procedures are persons other than the manufacturer the price of light-sport aircraft. A provided for manufacturers and may complete the assembly of light- commenter expressed concern over operators of light-sport aircraft. sport aircraft subject to this rule. This insurance costs for light-sport aircraft, Design and Performance: The may be permitted provided the and expressed the opinion that general consensus standard includes a design consensus standard addresses how the aviation revitalization depends on the and performance section, which should manufacturer will control these outside availability of factory-built aircraft address the following: entities under its quality assurance priced under $40,000. The FAA has (1) Methodology for determining system. The consensus standard should discussed the certification process for parameters associated with the address how the manufacturer these aircraft in both the NPRM and this definition of light-sport aircraft. The maintains oversight of the persons and final rule. How the public will interact consensus standard should provide the processes of assembly, and, if the with insurance companies and legal methodologies for determining aircraft is delivered to a dealer for professionals, as well as the pricing of definition parameters such as: assembly, procedures for the dealer to these aircraft are matters of commercial maximum takeoff weight; maximum issue a statement of compliance on interest. The FAA, however, believes airspeed in level flight with maximum behalf of the manufacturer. The that this rule may significantly decrease continuous power (VH); maximum manufacturer that issues the statement the cost of purchasing and operating never-exceed speed (VNE) for gliders; of compliance is responsible for the light-sport aircraft. See the full maximum stalling speed or minimum quality of the end product, and this economic analysis in the public docket steady flight speed without the use of includes material supplied by, or for this rulemaking. lift-enhancing devices (VS1). assembly work performed by, a person (2) Methodology for distinguishing or other entity. Consensus Standards Topics different make and model aircraft from In the notice, the FAA proposed that the same manufacturer and for updating In the proposed definition, the term consensus standards address and recording information that may ‘‘quality assurance system airworthiness certification and change during the course of the requirements’’ has been revised to read continued airworthiness. In the NPRM, production of the make and model ‘‘manufacturer quality assurance the proposed definition for consensus aircraft. systems’’ to emphasize that the aircraft standard specified that the standard Required Equipment: The FAA did manufacturer has the overall address ‘‘* * * aircraft design and not expressly propose to require the responsibility to assure that safe aircraft performance, quality assurance system consensus standard to address or are delivered to its customers. requirements, production acceptance include minimum equipment in the Production Acceptance Tests: The test specifications, and continued NPRM. However, the FAA notes that production acceptance tests should operational safety monitoring system certain aircraft equipment is required by include all tests needed to prove the characteristics.’’ Based on comments part 91 to operate in the NAS. The FAA aircraft’s reliability and functionality. received from the public on the notes that, because the requirements of These tests may be accomplished at proposed rule and as a result of FAA § 91.205 do not apply to these aircraft, different stages of assembly and at final review of the NPRM, the FAA has the FAA has revised the definition of completion. The tests verify the determined that the consensus standard consensus standard to specifically aircraft’s proper function on the ground definition should be expanded to indicate that a consensus standard must and in the air, as required by include additional topics. These address required equipment. The design § 21.190(c)(7). The consensus standard additional topics are related to aircraft and performance portion of the should include tests that demonstrate maintenance and operations, or subjects consensus standard, therefore, should that the aircraft is in a condition for safe that should be more appropriately indicate standards for performance for operation. As a minimum, these ground addressed as separate topics rather than equipment that is required for specific and flight tests show that the aircraft— as subsections within the four topics authorized operations. The FAA • Has been assembled in accordance listed in the FAA’s proposed definition. recognizes that the operator of a light- with the manufacturer’s criteria and In view of this consideration, the sport aircraft may have a variety of specifications. consensus standards definition is being privileges based on differing certificate • Can be operated normally revised to specifically require the privileges or individual logbook throughout all ranges of capability, as consensus standards to address topics endorsements. However, a person may defined in the consensus standard. other than the four specified in the not exercise those privileges, unless the In the proposed definition, the term proposed rule. The revised definition aircraft is appropriately equipped. ‘‘production acceptance test sets forth a broader approach. It Quality Assurance: Commenters specifications’’ has been revised to read generally specifies that the consensus recommended that instructors ‘‘production acceptance test standards must address the three functioning also as dealers, be allowed procedures.’’ The FAA believes that use subjects of aircraft design, production to continue to assemble weight-shift- of the word ‘‘specifications’’ is not and airworthiness. Additional specific control and powered parachutes kits for consistent with performance-based topics the consensus standards must their clients. They did not believe that standards, which are preferable to address are set forth in the revised this privilege should be limited to the prescriptive standards for aircraft built definition. Consensus standards may factory (manufacturer). The commenters to consensus standards.

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Aircraft Operating Instructions: In the These maintenance and inspection aircraft. The FAA has revised the proposal, the FAA stated that the procedures can be developed solely by proposal to require maintenance on consensus standards must address the airframe manufacturer or with other special light-sport aircraft to be aircraft design and performance. The manufacturers that supply engines, performed in accordance with part 43, proposal did not include a specific propellers, or other products for the except for those requirements that apply requirement for the consensus standards aircraft. The purpose of requiring to the performance and recording of to address aircraft operating maintenance and inspection procedures major repairs and major alterations. In instructions. Proposed § 21.186, is to ensure the continued airworthiness the final rule, therefore, the FAA is however, required the manufacturer to of the aircraft throughout its useful life. revising the consensus standard identify, and the applicant to present, Maintenance and inspection procedures definition to specifically address major the applicable ‘‘Pilot Operating should contain at least two parts, one repairs and major alterations. The FAA Handbook.’’ part for inspection and one for has determined that standards for In the final rule the FAA is revising maintenance. defining, performing, and recording the consensus standard definition to The inspection section should include major repairs and major alterations specifically address aircraft operating inspection requirements and a checklist should be developed specifically as part instructions. Although the FAA for conducting the annual condition of the consensus standards process. The believed that the proposed consensus inspection, the 100-hour inspection, or consensus standard also should address standards definition would require any other inspection, as needed. The the level of training a person must have aircraft operating instructions to be inspection section should also identify before performing a major repair. Refer addressed in the standards for aircraft any checks needed to verify adequate to the discussions of part 43 and design and performance, the FAA has limits for items subject to wear or § 91.327 for more explanation of this determined that standards for aircraft replacement due to age or time in use. topic. operating instructions should be The maintenance section should Continued Airworthiness: The FAA developed specifically as part of the specifically address major aircraft specifically requested comments from consensus standards process. systems and components such as the the public on its proposal that the The FAA also notes that rather than engine, propeller, fuel system, flight consensus standards include provisions using the term ‘‘Pilot Operating controls, lubrication system, for defining minimum characteristics for Handbook’’ in the definition of instrumentation, airframe, and landing a manufacturer’s continued operational consensus standards it is using the term gear. Each part of this maintenance safety monitoring system. The FAA ‘‘Aircraft Operating Instructions.’’ The section should identify the maintenance received comments both for and against term ‘‘Pilot Operating Handbook’’ is that a certificated repairman, mechanic, the use of the FAA’s existing AD normally associated with type- or repair station can perform, and those process for correcting unsafe conditions certificated general aviation aircraft and preventive maintenance tasks that a in light-sport aircraft. These comments may include information approved by pilot can perform. For each major are addressed in item (2) below. The the FAA. ‘‘Aircraft Operating system, instructions should be provided FAA discussed the expectations for a Instructions,’’ however, will not require that detail the service and maintenance continued airworthiness system in the FAA approval. ‘‘Aircraft Operating requirements for that system, including section-by-section analysis of the NPRM Instructions’’ provide methods and removal and replacement instructions under ‘‘Definition of ‘‘Consensus procedures to safely operate the aircraft. for components, repair and overhaul Standard’’’ under § 1.1, and also in Additionally, the aircraft operating instructions for those products that can § 21.186(c)(6). In response to comments instructions specify those parameters be repaired and overhauled, and how received concerning continued (e.g. weight, stall speed, maximum Airworthiness Directives (ADs) and airworthiness, the following clarifies the speed) that show the aircraft make and Safety Directives should be addressed. processes that should be followed for The maintenance and inspection model meets the light-sport aircraft the continued airworthiness of special procedures also should include a definition. light-sport aircraft. Maintenance and Inspection section that addresses major repairs and The consensus standard should Procedures: The proposal did not major alterations. This section should address the following: include a specific requirement for the include the training requirements for a (1) The types of occurrences or events consensus standards to address person to perform a major repair for or incidents that the aircraft owner is to maintenance and inspection procedures. each aircraft system (e.g., overhaul an report back to the manufacturer. Proposed § 21.186, however, required engine), what data should be used to (2) How the manufacturer will issue the manufacturer to identify, and the perform a major repair or major Safety Directives to correct unsafe applicant to present, the applicable alteration, and describe the process used conditions, including a process for how maintenance and inspection procedures. to notify the manufacturer that a major the determination of an unsafe In the final rule the FAA is revising the repair or major alteration has been condition will be made. Examples of consensus standard definition to accomplished on its product. While a unsafe conditions include, but may not specifically address maintenance and parts manual is not required to be be limited to: inspection procedures. The FAA has developed as part of the required (a) Structural failures that reduce the determined that standards for maintenance and inspection procedures, aircraft ability to carry flight or ground maintenance and inspection procedures the FAA recommends that loads; should be developed specifically as part manufacturers develop these manuals to (b) Structural failures affecting the of the consensus standards process. ensure the proper parts are installed. attachment of high mass items to the Through the consensus standards Identification and Recording of Major aircraft; process the rule requires the Repairs and Major Alterations: The (c) Structural failures affecting flight development of maintenance and proposal did not include a specific or powerplant control systems; or inspection procedures for the entire requirement for the consensus standards (d) Failures that might result in aircraft. This includes the engine, to address major repairs and major occurrence of a fire in flight. propeller, and accessories, such as alterations, and procedures to record A commenter stated that for light- ballistic parachutes, floats, and skis. them, for each class of light-sport sport aircraft, the AD system should be

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used because the aviation community is this proposal would provide for a This was discussed in the proposal in familiar with it, and it helps to assure balance of manufacturer and operator §§ 21.186(b)(1)(iv), (b)(1)(v), and (c)(6), that the owners of light-sport aircraft interests in assuring effective continued in which the FAA allowed for a person can be found regardless of changes of airworthiness support of special light- other than the original aircraft ownership of the aircraft manufacturer. sport aircraft. As the consensus manufacturer to assume continued A different commenter questioned if standards process develops procedures airworthiness responsibilities for in- Safety Directives issued by the aircraft for continued airworthiness, the FAA service aircraft. (The phrase manufacturer would be any better will present the commenter’s proposal ‘‘manufacturer or a person acceptable to quality than ADs, which the commenter to the appropriate technical committee the FAA’’ in proposed § 21.186(b)(1)(iv) believes are sometimes issued in haste for consideration. and (v) allowed for this possibility.) A and may be ineffective or burdensome. (3) Operator actions that will be person acceptable to the FAA may Another commenter agreed with not addressed by a service publication other include persons other than the original using the AD system, believing that the than a Safety Directive. This discussion manufacturer, such as a licensee, AD system can be used in the event that addresses a comment expressing designee, successor, or a person other a manufacturer no longer exists or is no concern that manufacturers might issue than the manufacturer or licensee who longer able to issue safety-of-flight mandatory part replacement or built a product or part that was not part information. maintenance instructions that would be of the original design, (i.e., a third-party The FAA maintains the position it not be justified by any corresponding modifier). In the current rule, these took in the proposed rule. The FAA safety concern. The consensus standard provisions are in § 91.327(b), since does not intend to issue ADs on the should identify those situations for continued airworthiness of light-sport special light-sport aircraft, but will issue which the manufacturer’s Safety aircraft will be controlled by the them on type-certificated products Directives should not be issued. Those operating limitations of the aircraft incorporated into special light-sport situations include, but are not limited airworthiness certificate. aircraft, and may, if necessary, issue to, circumstances in which service (6) A process for qualification of them on products having other forms of publications are issued to improve or third-party alterations or replacement FAA approval. Therefore, as proposed, enhance the following: parts, if a manufacturer chooses to the final rule requires development of (a) Spare part sales; permit this. In the proposed rule, corrective actions for unsafe conditions (b) Aircraft performance, capability, alterations, repairs, design in special light-sport aircraft by the or efficiency, unless the change is modifications, or replacement parts aircraft manufacturer, or a group or needed for the aircraft to meet the manufactured by third parties (distinct individual that has assumed that minimum design and performance from the manufacturer or the airplane responsibility. As described in the standards identified in the consensus owner) were not addressed. The FAA’s discussion of proposed § 21.186(c)(6), standard and the manufacturer’s assumption at the time of the NPRM the FAA intended for the rule to provide statement of compliance; was that each manufacturer would for persons other than the manufacturer (c) Aircraft appearance; determine if it intended to permit third- to assume continued airworthiness (d) Aircraft maintainability; or party aircraft support, such as the responsibilities in the event that the (e) Any other aircraft characteristic manufacture of replacement parts, or the special light-sport aircraft manufacturer when the action called for does not alteration of aircraft in service. If a would cease to exist, or cease to provide remedy an unsafe condition, including manufacturer chooses to permit this, the safety-of-flight information. those related to reliability which do not standard should address how oversight The FAA, in discussing the intended have an impact on safety of flight. and control of the third parties advantages of the proposed rule, (4) A process for responding to performing this service will be referred to the safety benefits of ‘‘*** requests for methods of correcting accomplished by the manufacturer. safety-of-flight bulletins, similar to unsafe conditions that differ from those The FAA also notes that the operating airworthiness directives and service prescribed in Safety Directives. This limitations for aircraft having the bulletins * * *’’ that would be issued section addresses comments special light-sport aircraft airworthiness by the manufacturer to correct problems recommending that the owner of a certificate require that all changes to an that might exist on aircraft in service. A special light-sport aircraft be able to aircraft after its original manufacture be commenter recommended that the FAA correct an unsafe condition using authorized by the manufacturer or other change the term ‘‘safety-of-flight’’ to a methods other than specified by a Safety acceptable person. Aircraft modifiers, different term such as ‘‘safety directive,’’ Directive. Refer also to the discussion in manufacturers of replacement parts for since the military already uses the term § 91.327, ‘‘Safety-of-Flight Issues.’’ The light-sport aircraft, and manufacturers of ‘‘safety-of-flight’’ and this may cause FAA notes that owner-developed products used to modify light-sport confusion. The FAA agrees and has alterations and repairs are permitted for aircraft also must comply with the revised the term to ‘‘Safety Directive’’ in experimental light-sport aircraft where provisions of the applicable consensus the final rule. The FAA uses the term compliance with Safety Directives is not standard in order to be considered a ‘‘Safety Directive’’ to identify the mandatory. person acceptable to the FAA. documents that a special light-sport (5) A process for permitting successor (7) A process for responding to an aircraft manufacturer issues to make organizations to assume responsibility aircraft owner’s assertion that a Safety changes that are needed to correct for providing continued airworthiness Directive was issued for reasons other conditions that may adversely affect support. Adding this section to the than to correct an unsafe condition. safety of flight for aircraft that are in consensus standard addresses Providing this process also responds to service. comments recommending the consensus the previously stated concern that One commenter recommended that standard contain provisions for manufacturers might require the proposed corrective actions by assuming or transferring continued operator to purchase expensive parts individual manufacturers should be airworthiness responsibilities if the and make changes to the aircraft that do subject to industry review and original manufacturer of a light-sport not correct an unsafe condition. By acceptance within a two- or three-month aircraft goes out of business. The FAA, developing guidelines through an time period. The FAA recognizes that in the NPRM, intended to allow for this. appropriate consensus standard, the

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balanced representation of interests will the assembly instructions to provide the definition may have any airworthiness help to minimize the possibility of a detailed instructions to build and safely certificate that may be issued for an manufacturer issuing a safety directive flight test the product. Any necessary aircraft, such as standard, special, for an inappropriate reason. If an aircraft mechanical skills or training should be primary, or experimental amateur-built owner believes a Safety Directive was defined. The instructions should aircraft. An aircraft that meets the light- issued for reasons other than to correct prescribe the tooling, fixtures, sport aircraft definition and holds a an unsafe condition, the owner should inspections, measurements, and other standard airworthiness certificate must raise this issue to the manufacturer. The pertinent items that must be recorded by be operated and maintained in consensus standard process should the assembler and presented to the FAA accordance with the limitations of that address how the manufacturer reviews or the FAA representative, such as, the airworthiness certificate. For example, the request, and how it responds to the Designated Airworthiness the sport pilot must operate the aircraft aircraft owner by justifying its position Representative (DAR), as evidence that within the limits of the aircraft’s flight that the Safety Directive addresses an the manufacturer’s assembly manual and type certificate data sheet. existing unsafe condition affecting the instructions were followed. Also, maintenance will still need to be aircraft. The FAA notes that a In the proposed definition, the term done in accordance with part 43 by an manufacturer may permit an alternative ‘‘continued operational safety appropriately rated mechanic, means of compliance to the Safety monitoring system characteristics’’ is repairman, or repair station. A Directive. In the event that the aircraft revised to read ‘‘continued repairman (light-sport aircraft) is not owner does not accept the airworthiness.’’ The changed language authorized to conduct any maintenance manufacturer’s response and chooses requires the consensus standard to on an aircraft issued a standard not to correct the condition in a manner address continued airworthiness airworthiness certificate or a special permitted by the manufacturer, the subjects that may be considered outside airworthiness certificate in a category aircraft owner may request a waiver the scope of a continued operational other than light-sport. from the FAA to operate his or her safety monitoring system. Numerous commenters raised issues aircraft without following the Safety pertaining to the design attributes Directive. See the discussion of the Changes associated with the definition of light- ‘‘waiver’’ process under § 91.327, The definition of ‘‘consensus sport aircraft. A majority recommended ‘‘Safety-of-flight issues.’’ standard’’ is changed in the final rule as expanding the design attributes in one (8) A process for reviewing ADs follows: or more areas, such as maximum issued on FAA-approved products used The words ‘‘consensus airworthiness weight, stall speed, or cruise speed. The in special light-sport aircraft. Upon standard’’ are changed to ‘‘consensus design attributes associated with the further internal review, the FAA standard.’’ definition are discussed individually recognized that special light-sport The word ‘‘governs’’ is changed to later in this section. aircraft may embody equipment that has ‘‘applies to.’’ As stated in the proposal, the FAA its own FAA approval (e.g., engines, The words ‘‘aircraft design and intended to limit the definition of light- propellers, communications equipment, performance’’ are changed to ‘‘aircraft sport aircraft to primarily address the instruments). Owners of special light- design, production, and airworthiness.’’ population of ultralight-like aircraft that sport aircraft will be required to comply The four topics that a consensus are being operated under exemptions to with applicable ADs issued against standard would govern have been part 103 to conduct flight training. The FAA-approved products installed on revised and additional specific items rule was not primarily intended to special light-sport aircraft. For details, have been added to the list of items that address type-certificated and vintage aircraft where there were not significant see the discussion under § 91.327 a consensus standard must address. regulatory, certification, or operational ‘‘Safety-of-flight issues.’’ The definition now lists the items that In addition, the FAA believes that the issues. The FAA recognizes that any a consensus standard ‘‘includes but is consensus standards should also aircraft that meets the light-sport aircraft not limited to.’’ The topics specified in address— definition may be operated by a sport the definition now include ‘‘standards Manufacturer’s Assembly pilot. However, it is necessary for the for aircraft design and performance, Instructions. In proposed § 21.193(e)(5), FAA to use its judgment and discretion required equipment, manufacturer the FAA stated an expectation that kit- in setting limits on aircraft to be flown quality assurance systems, production built experimental light-sport aircraft by sport pilots. would be assembled following detailed acceptance test procedures, operating The most frequently cited justification instructions provided by the instructions, maintenance and to increasing one or more design manufacturer. This was stated in the inspection procedures, identification attributes associated with the light-sport section-by-section analysis of the and recording of major repairs and aircraft definition was to enable existing NPRM. However, the FAA did not major alterations, and continued aircraft designs to be operated as light- establish any requirements with regard airworthiness.’’ sport aircraft. A majority of these to the quality of those assembly Definition of ‘‘Light-Sport Aircraft’’ comments contended that the light-sport instructions. In the final rule, a aircraft definition should be expanded Overview requirement is being added to to accept these additional aircraft § 21.193(e)(4) for the assembly The FAA believes that there might be simply because these larger or higher instructions to meet the consensus confusion concerning what performance aircraft could be safely standard. Also, there is a change to airworthiness certificates apply to light- operated as light-sport aircraft. § 21.191(i)(2) requiring that the sport aircraft. Therefore, the FAA is While some changes were made to the assembler provide evidence that he or clarifying this issue. A sport pilot may design attributes of the definition, there she assembled the aircraft according to operate any aircraft that meets the was only one change made to the the manufacturer’s instructions. definition in § 1.1 of a light-sport definition as a result of comments The manufacturer should prescribe aircraft, regardless of the airworthiness pertaining to operating type-certificated the details of an individual aircraft certificate issued for the aircraft. An aircraft as light-sport aircraft. The assembly process. The objective is for aircraft that meets the light-sport aircraft change prohibits aircraft modified to

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meet the parameters of the definition that the light-sport aircraft definition be aircraft to meet the light-sport aircraft from being operated as light-sport changed to include their aircraft, definition may increase its complexity aircraft. The reasoning for this change is whether it be an airplane with a to a level that is inappropriate for the explained below. standard airworthiness certificate, an capabilities of the sport pilot. This is the One commenter noted that the FAA’s amateur-built aircraft, or a vintage FAA’s rationale for excluding these proposal is unique in attempting to aircraft with a standard airworthiness modified aircraft from the light-sport address aircraft for used for recreation certificate. Several commenters stated a aircraft definition. rather than transportation purposes. desire that the FAA revise the light- The FAA notes that compliance with Some commenters expressed concern sport aircraft definition to permit them light-sport aircraft parameters can be that the light-sport aircraft definition to obtain the perceived advantages of more readily verified for type- did not describe how a given constraint the sport pilot certificate’s medical certificated aircraft than for amateur- would be shown to be satisfied. Neither provisions when operating their aircraft. built aircraft certificated under existing a § 1.1 definition nor an operating rule Commenters also requested § 21.191(g). Amateur-built aircraft do definition is normally so complete as to clarification as to how compliance with not have a TC, a flight manual, or a type establish how compliance with the some of the parameters used to define certificate data sheet. Because of this, it definition is determined. light-sport aircraft will be determined. may be difficult to determine if aircraft Another commenter noted that the The most frequently cited parameters with other than a standard definition of an aircraft category is were maximum takeoff weight, airworthiness certificate meets the usually established in the applicability maximum airspeed in level flight with limits listed for a light-sport aircraft and section of the appropriate airworthiness maximum continuous power VH, and can be operated by a sport pilot. The standard, rather than in § 1.1. The FAA stall speeds VS1 (without lift enhancing FAA anticipates that the aircraft design agrees with this observation. However, devices) and VS0 (landing consensus standard will include there will not be airworthiness configuration). As discussed under methodologies that will readily enable a standards set forth in specific parts of § 1.1, the consensus standards will determination that an aircraft design the Code of Federal Regulations, and the address details on methods of meets the light-sport aircraft definition. definition of light-sport aircraft will be demonstrating compliance. applicable to a variety of different kinds A commenter stated that the light- Requests for Light-Sport Aircraft of aircraft. Also, the definition is sport aircraft definition should require Definition To Include Additional Kinds significant both for aircraft and airman ballistic parachute recovery systems as of Aircraft certification purposes. For these protection in case of inadvertent A number of commenters wanted reasons, it is appropriate for the FAA to encounter of instrument flight rule (IFR) ‘‘light’’ helicopters and gyroplanes to be establish these limits for the light-sport weather conditions. The FAA disagrees. included in the definition of light-sport aircraft in the general definitions section This rule does not directly prescribe aircraft. They believed that these aircraft of part 1. design or equipment standards, those are suited for the sport and recreation Many commenters wanted various are contained in the consensus that the proposed rule addresses. existing airplanes to be included in the standard. As stated in the proposal, the FAA light-sport aircraft definition. Many of did not include helicopters because these commenters believe that the Modifications of Aircraft To Meet the their complex design, manufacture, and existing service record of these airplanes Light-Sport Aircraft Definition operation is beyond what the FAA makes them safe and more affordable Some commenters stated that aircraft envisioned for light-sport aircraft. The than a new airplane. The FAA with quite high payload and FAA included gyroplanes in the light- recognizes that certain aircraft that do performance characteristics that far sport aircraft definition, but does not not meet the definition of light-sport exceed the stated definition of light- intend to issue the special airworthiness aircraft may have operating sport aircraft could be modified to meet certificate in the light-sport category for characteristics that are similar to aircraft the definition of light-sport aircraft. The gyroplanes. See the discussion of that meet the definition. The FAA FAA has revised the definition of light- paragraph (9) of the definition of light- determined that the values used in the sport aircraft in the rule to prevent these sport aircraft below. definition strike an appropriate balance modifications. The FAA notes that these Several comments recommended that between safety and public interest. Refer types of modified aircraft are outside the the light-sport aircraft definition include to the discussion under ‘‘III.1. FAA stated purpose of the proposal. The individual unique aircraft designs, such Judgment and Discretion.’’ The FAA has proposal identified light-sport aircraft as as flying platforms or tandem wing revised the light-sport aircraft definition aircraft that exceed the limits set in aircraft. The FAA disagrees. The light- without the intent to include or exclude § 103.1, and are compatible with the sport aircraft definition does not need to specific aircraft. skills and training required to obtain a address every possible variation of sport pilot certificate. Light-sport aircraft. The FAA believes that the General Comments on the Design aircraft are simple low-performance unique nature of these aircraft precludes Attributes in the Light-Sport Aircraft aircraft that are distinct from small the development of consensus standards Definition aircraft that can be designed and built for these aircraft at this time. However, There was considerable interest in to existing airworthiness standards. In these aircraft remain eligible for the changing the design attributes that the proposal, the FAA permitted sport experimental certificate for operating control the definition of light-sport pilots to fly any aircraft that meets the amateur-built aircraft, under existing aircraft. The FAA received numerous light-sport aircraft definition. In § 21.191(g). A few commenters general questions and comments on prohibiting modifications to aircraft to requested that aircraft with standard aircraft currently certificated. Some meet the light-sport aircraft definition, airworthiness certificates not be commenters operating aircraft with a the FAA seeks to ensure that the light- included in the sport pilot program. As standard or an experimental certificate sport aircraft operating characteristics stated in the proposed rule, a sport pilot stated that their aircraft nearly met the are consistent with the skills and may fly an aircraft with a standard definition of light-sport aircraft. Many of training for the sport pilot. The FAA is airworthiness certificate, if it meets the these commenters expressed their desire concerned that modifications to an definition of light-sport aircraft. See also

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§ 21.175 discussion on airworthiness Aeronautical Federation (FAI). The FAA part 36 noise standards are applicable certificates. As stated above in the did consider this definition in only to aircraft with a type certificate or section titled ‘‘Modifications of Aircraft developing its proposal. The microlight a standard airworthiness certificate. See To Meet the Light-Sport Aircraft aircraft definition primarily addresses ‘‘XIV. Environmental Analysis’’ below. Definition,’’ a sport pilot may not fly an weight, seating capacity, and stall Paragraph (1) Maximum Certificated aircraft with a standard airworthiness speed. The FAA notes that the light- Takeoff Weight certificate that has been modified to sport aircraft definition addresses meet the light-sport aircraft definition. significantly more parameters than the Some commenters stated that lacking definition of microlight aircraft. The a definition of maximum takeoff weight, Comments Concerning the Limits FAA developed this definition to aircraft with fairly high performance Established by the Light-Sport Aircraft provide for the development of an characteristics could meet the definition Definition aircraft that matches the capabilities of of light-sport aircraft by limiting the Many commenters suggested the sport pilot. approved weight and payload of the alternatives to the maximum speed as A few commenters believed that the airplane. The FAA considers this a valid limiting factors for the light-sport FAA’s definition of light-sport aircraft concern and has provided some aircraft definition. The alternatives was too broad. Alternatives suggested additional constraints on the weight as proposed included wing loading included three different weight limits detailed below. The maximum weight of (airplane weight divided by airplane for light-sport aircraft, and the two- a light-sport aircraft is the sum of: wing area); horsepower (ranging from 80 tiered system proposed by USUA and (1) Aircraft empty weight; to 180 horsepower); fuel capacity; discussed in detail under ‘‘III.5.A. (2) Weight of the passenger for each aircraft payload; kinetic energy of the Comments on Ultralight Vehicles.’’ The seat installed; airplane at cruise speed; weight of the FAA disagrees that the light-sport (3) Baggage allowance for each drive train package. One commenter aircraft definition should be changed to passenger; and proposed to base the light-sport aircraft address different weight limits for (4) Full fuel, including a minimum of definition on the weights and different kinds of light-sport aircraft. the half-hour fuel reserve required for aerodynamic performance of the J–3 The FAA believes that the use of a broad day visual flight rules in § 91.151(a)(1). Cub airplane. The FAA disagrees that definition for light-sport aircraft, along Some commenters wanted the weight the light-sport aircraft definition should with the development of consensus increased to permit stronger aircraft be changed to replace the maximum standards appropriate for each class of structures, use of four-stroke or type- speed limit with a different limiting aircraft, will result in safe and certificated engines, electrical systems design condition. The FAA does not economical aircraft for the wide range of for avionics, starters for engines, or believe that any of the alternatives products in recreational aviation. ballistic recovery systems. The FAA is suggested will be a better, more readily One commenter suggested eliminating increasing the weight limitation of the determined method of assuring that the word ‘‘light’’ from the definition, to light-sport aircraft from the proposed light-sport aircraft are simple, low prevent the implication that there might 1,232 pounds (560 kilograms) to 1,320 performance aircraft. The FAA has not be medium- and heavy-sport aircraft to pounds (600 kilograms). The originally eliminated a maximum speed in the follow. Another commenter suggested proposed weight limitation was based light-sport aircraft definition. However, ‘‘Class III aircraft’’ as an alternative, on the 1,200-pound weight limitation the light-sport aircraft definition has stating that the public might form an proposed by the ARAC’s light-sport been revised to increase the maximum impression that light-sport aircraft aircraft working group. The FAA agrees speed limit. The FAA has not adopted ‘‘* * * are frivolous toys.’’ The FAA that there may be a safety benefit to an alternative approach to setting an disagrees with these opinions and light-sport aircraft designs to include upper limit to the power or performance believes that the words used to describe provisions for currently produced type- of a light-sport aircraft. However the ‘‘light-sport aircraft’’ are adequate to certificated four-stroke engines and FAA decided that the light-sport aircraft distinguish this category of aircraft. ballistic parachute recovery systems. definition should set an upper limit for Several commenters stated that the Commenters submitted data that aircraft power to assure that the aircraft cost of new aircraft would be indicated that an additional 60 to 70 is suitable for the sport pilot. The FAA prohibitive with the goals of the pounds would accommodate four-stroke believes that the maximum airspeed proposed rule. The FAA disagrees. The aviation powerplants, and that an limit, combined with a maximum aircraft certification process that uses additional 30 to 40 pounds would takeoff weight, acceptably serves this industry consensus standards and a accommodate the ballistic parachute purpose, for the reasons originally manufacturer’s statement of compliance recovery systems. For these reasons, the stated in the proposed rule. The FAA is a lower-cost approach than type and FAA has revised its proposed maximum discusses each of the attributes of the production certification. Refer to the full takeoff weight limitation to 1,320 light-sport aircraft definition elsewhere regulatory evaluation that is in the pounds (600 kilograms) for aircraft in this section. rulemaking docket for a detailed designed for operation on land. Some commenters believed that the discussion on the estimated cost to the In addition, many commenters limits in the FAA’s definition of light- end user. requested that the proposed weight sport aircraft would limit innovation, or A commenter suggested that light- limitation be increased to accommodate lead to the development of unsafe sport aircraft should have a maximum flying boats, amphibious or float plane aircraft. The FAA disagrees with this noise limit established and verified by aircraft designs. The FAA originally opinion, and believes that the consensus a simple protocol to be defined in the envisioned these kinds of aircraft in its standards process and the FAA’s consensus standard for aircraft proposed light-sport aircraft definition. participation in that process will lead to performance. The commenter believed Recommendations from these an acceptable balance between that including a noise limit would commenters indicated weights ranging innovation and safety. prevent adverse public impressions of from 100 pounds to 250 pounds to allow A few commenters requested that the light-sport aircraft. Current amateur- for amphibious or float plane capability. FAA use the definition of microlight built aircraft do not require compliance The rule provides for a maximum take- aircraft established by the International with a maximum noise limit. Presently, off weight of 1,430 pounds for light-

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sport aircraft designed for operation on weight limit was intended to refer to an the FAA strategically established the water. The 110-pound weight increase uninflated mass. The FAA intended for weight limit to favor the sale of new, compared to an aircraft not designed for the LTA weight limit to be comparable more expensive light-sport aircraft. The operation on water is consistent with to the weight limit for the other light- FAA did not have such a purpose in data submitted regarding weight of sport aircraft designs, that is, a mind when it established its proposed floats for microlight type aircraft. maximum mass for the aircraft. The light-sport aircraft weight limit. Also, in Some commenters objected to setting FAA intended for the weight limit to establishing the light-sport aircraft, FAA a weight limit that becomes a specific include the aircraft with passengers and did not intend to promote existing number of pounds based on conversion fuel, and the weight of the lifting gas certificated aircraft. When the FAA of kilograms to pounds, assuming that (the product of lifting gas volume and initially set the proposed limits for the the FAA is relying solely upon foreign density) added to the weight of the light-sport aircraft definition, the FAA airworthiness standards in establishing uninflated mass. For airships, the FAA did not look at currently built aircraft, the light-sport aircraft category. The intended the defined weight limit to either with type certificate approval or FAA stated weight limitations are include the empty weight of the airship, in the amateur-built aircraft different from those used by other the weight of pilot and passenger, fuel, marketplace. The FAA’s proposed airworthiness authorities for the reasons and lifting gas (FAA–P–8110–2, definition was to address aircraft to be stated in the two preceding paragraphs. ‘‘Airship Design Criteria,’’ paragraph 2– designed and built for the sport pilot, Many commenters proposed 4). One commenter provided a weight rather than addressing existing aircraft alternative weight limits, ranging from statement for a two-passenger hot air for currently certificated pilots. 1,250 to 2,650 pounds, to encompass a balloon, saying that 800 to 1,000 pounds A commenter stated that the proposed number of existing general aviation or would be appropriate in that it would weight limit eliminates the eligibility of classic aircraft. In the FAA’s judgment, allow for two 15-gallon fuel tanks, or many production aircraft, and seems to the weight limit in the rule is 230 pounds of fuel. The FAA disagrees. cater to homebuilt aircraft. The FAA appropriate for the light-sport aircraft to The FAA’s originally proposed weight disagrees with this opinion. The reasons be compatible with the skills and limit for LTA aircraft was based on a for the weight limit were discussed in training of the sport pilot. review of the weights of type- the proposal and were intended to Some commenters wanted the weight certificated manned free balloons. The accommodate a wide variety of simple, increased, stating that a passenger FAA believed that the maximum weight low performance aircraft that have no weight of 170 pounds is not realistic permitted for a LTA light-sport aircraft more than two occupants. The FAA has today. The FAA notes that the should not be greater than the maximum explained elsewhere in this section the maximum take-off weight includes the weight of currently existing type- reasons for its changes to the proposed weight of the occupants. The certificated manned free balloons. The weight limit in the light-sport aircraft manufacturer may want to consider this FAA believes the requirements in part definition. A few commenters noted that in their design and communicate any 21 and part 31 are appropriate for the the FAA’s originally proposed weight weight limits to the customer. A few manufacture and design of hot air limit would result in some models in a commenters stated that the FAA should balloons larger than proposed by the particular classic aircraft line being use weight other than maximum takeoff FAA. eligible for the light-sport aircraft weight as a limiting condition. Additionally, one commenter stated category, while other models in the Alternatives suggested by commenters that 2,200 pounds would be an same line would not be eligible. The included aircraft empty weight, or appropriate weight limit for airships in FAA believes that this is evidence that maximum payload. The FAA believes the light-sport aircraft category because the weight limit for light-sport aircraft that the maximum take-off weight is an the low speeds for takeoff or approach was not drawn with the intent of appropriate limiting parameter for light- to landing would result in low kinetic including or excluding specific aircraft. sport aircraft, because it is an objective energy. The commenter also expressed A commenter proposed that the FAA measure that can easily be determined concern that existing very light hot air establish different weight limits for when the aircraft configuration is airships are robust enough to single- and two-seat aircraft. This would specified. accommodate two large persons plus the add an additional limiting condition to A few commenters agreed with the systems and structures for a powered the definition of light-sport aircraft. The FAA’s originally proposed weight limit LTA aircraft. The commenter did not FAA disagrees. The weight is only one of 1,232 pounds for aircraft that are not provide any data to support the position component of the definition. The FAA lighter-than-air (LTA) aircraft. Some that the weight limit in the FAA’s believes that its weight limit is commenters questioned the rationale for proposal or the existing airship design appropriate for a two-seat aircraft. One the FAA’s originally proposed weight certification criteria for small airships of the main purposes of the light-sport limit. As stated above, the weight limit used for sport and personal recreation aircraft definition is to provide originally proposed by the FAA for are unnecessarily burdensome. The appropriate flight training aircraft for other than LTA was a balance between FAA believes that the requirements of sport pilots. The weight limit proposed the original ARAC recommendation for part 21 and the guidance contained in by the FAA is intended to accommodate light-sport aircraft, and existing foreign FAA publication FAA–P–8110–2, aircraft designed for two occupants. The airworthiness requirements for sport ‘‘Airship Design Criteria’’ are FAA does not have data that would aircraft, such as microlights and aircraft appropriate for the manufacture and support establishing a reduced weight certificated under the Joint design of airships as large as that limit for single occupant aircraft. The Airworthiness Requirements for Very proposed by the commenter. FAA notes, however, that a Light Aircraft (JAR–VLA). Several commenters stated that the manufacturer may choose to produce a Some commenters objected to the FAA’s proposed weight limit for the single place aircraft with a weight less FAA’s proposed weight limit of 660 light-sport aircraft definition had the than the maximum permitted by the pounds (300 kilograms) for an LTA effect of eliminating some existing rule. A commenter stated that the aircraft, stating that the weight limit is certificated aircraft that they believed weight limit will preclude tricycle too low for a two-passenger hot air were ideally suited for the sport pilot landing gear on light-sport aircraft, and balloon. One comment asked if the rule. One commenter’s opinion was that that will make light-sport aircraft more

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difficult to operate by low-time pilots. Paragraph (2) Maximum Airspeed in addresses any training concerns and The FAA does not agree that the weight Level Flight With Maximum Continuous that the change in the VH airspeed limit limit will preclude tricycle gear light- Power (VH) from 115 to 120 knots does not require sport aircraft. The FAA is aware of As discussed in more detail later in any additional training beyond what is tricycle-gear aircraft that meet the light- this section, the FAA always intended established in the rule. Some commenters believed that the sport aircraft weight limit. that the light-sport aircraft definition proposed airspeed limitation, V , would establish an appropriate limiting H A commenter proposed that the should be eliminated and some maximum airspeed. During the FAA’s weight limit should only apply to commenters state that unlimited preliminary discussions to set the powered parachutes and weight-shift- maximum speeds would not jeopardize design attributes proposed in the NPRM, control aircraft, and that higher weights safety. A commenter said that the FAA the FAA considered a range of limiting should be permitted for airplanes in the should impose other design limits or airspeeds. When setting an appropriate light-sport aircraft category. The FAA flight characteristics instead of a limiting maximum airspeed, the FAA disagrees that different weight limits maximum speed limit for light-sport took into account that: (1) Training should be established for powered airplanes. One commenter specifically requirements for the sport pilot parachutes, weight-shift-control aircraft, asked why the FAA cares how fast the certificate are based on the simplicity of and airplanes. However, the FAA agrees airplane can fly. The FAA disagrees that the aircraft’s operating characteristics; a maximum speed limit is unnecessary that the weight limit for light-sport and (2) aircraft certification aircraft should be raised and has done for light-sport aircraft. As stated in the requirements are based on a NPRM, the FAA believes that a so in the final rule. The FAA believes performance envelope appropriate for a that the maximum weight limits maximum speed limit is appropriate for light-sport aircraft. aircraft designed for operation by established in the light-sport aircraft In constructing the light-sport aircraft definition will permit the design and persons with the minimum training and definition, the FAA also took into experience of a sport pilot. Some manufacture of two-seat airplanes consideration three groups of aircraft commenters state that the maximum suitable for operation by sport pilots. that will be addressed by this rule: (1) speed limitation is essentially Manufacturers of powered parachutes Two-place ultralight-like aircraft that unenforceable. For the purpose of and weight-shift control aircraft may have been operating under an issuing the special light-sport aircraft manufacture aircraft that weigh less exemption to part 103; (2) new light- airworthiness certificate, the FAA than the maximum weight limit sport aircraft to be designed, believes that the consensus standards permitted by the light-sport aircraft manufactured and operated under this will identify an easily repeatable definition. rule; and (3) existing aircraft whose low demonstration for the manufacturer to performance capabilities would meet Some commenters stated that low prove that the aircraft meets the light- the light-sport aircraft definition. In the stall speed is more important than sport aircraft definition. The proposed rule, the FAA believed that aircraft weight. The FAA agrees that low manufacturer will perform this test in the 115 knots CAS VH limit met the two support of its statement of compliance. stall speed is important; however, the considerations in the preceding FAA does not believe that the light- One commenter stated that aircraft paragraph and covered the range of speeds vary with altitude, and the light- sport aircraft definition should identify aircraft described in this paragraph. sport aircraft definition did not state any any one attribute of the definition as Additionally, the FAA specifically FAA expectation concerning this. The more important than another. requested additional input through the FAA agrees with the comment, and is Commenters recommended that sport light-sport aircraft online forum on specifying in the light-sport aircraft pilots be permitted to fly aircraft heavier methods to establish upper limits for the definition that performance limitations than the FAA’s proposed weight limits light-sport aircraft definition. To read are expected to be met for standard with a logbook endorsement. Another the online forum comments, go to the atmospheric conditions at sea level. commenter proposed that sport pilots electronic docket address given above in Commenters stated that the FAA’s with higher experience levels be the section titled ‘‘Availability of proposed limit of 115 knots maximum permitted to fly aircraft heavier than the Rulemaking Documents’’ and view item airspeed in level flight with maximum FAA’s proposed weight limits. A number 2676 in Docket No. FAA–2001– continuous power is unnecessary or different commenter said that for 5 years 11133. redundant because the aircraft weight The FAA still believes that following the adoption of the FAA’s and stall speed establish power and establishing a maximum airspeed in wing loading, which effectively set drag proposal, sport pilots should be level flight at maximum continuous that limits maximum speed. One permitted to fly existing general aviation power (VH) is the best way to limit commenter proposed that a weight limit training aircraft that are within 120 ‘‘high-end’’ capability of the powered of 750 pounds for a single-seat light- percent of the limits established in the light-sport aircraft. With the change to sport airplane would limit power and light-sport aircraft definition. The FAA the light-sport aircraft definition airspeed without requiring a design disagrees that sport pilots should be permitting increased weight, which may constraint. Alternatively, some permitted to fly aircraft heavier than the provide for the use of higher-powered commenters proposed that the sport weight limits for light-sport aircraft. The engines, the FAA is also increasing VH pilot accept an operating limitation to FAA believes that a pilot operating to 120 knots. The FAA believes that this not operate at speeds in excess of the aircraft above these weights should have small increase is appropriate for the FAA’s desired limit. A commenter at least a private or recreational pilot’s revised light-sport aircraft definition proposed that a sport pilot operating certificate. For further discussion on and remains consistent with the limitation of 100 knots CAS in the sport pilot training limits reference the purpose that was the basis for the airport traffic pattern should be an discussion titled ‘‘Flight Training and originally proposed 115-knot CAS (VH) alternative to the proposed light-sport Proficiency Requirements’’ in the limit. The FAA believes that the training aircraft maximum airspeed limit. The section on Part 61 general issues. required for sport pilots operating light- FAA believes that because of the wide sport aircraft over 87 knots (VH) variety of aircraft to be included in the

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light-sport aircraft definition, the use of Commenters stated that the proposed drag) can provide benefits to the airplane-based parameters is not limit is impractical, because when the operator other than increased speed. adequate to eliminate an upper limit on airplane nose drops, it will accelerate Such benefits may permit the aircraft to light-sport aircraft speed. The FAA and possibly exceed the limit set by the use a smaller engine, have increased requires a maximum speed limit to light-sport aircraft definition. The FAA range, or have increased payload assure a light-sport aircraft design that disagrees that the limit is impractical. capacity. is compatible with the capabilities of a The proposed limit is for straight and Some commenters proposed that a sport pilot. However the FAA disagrees level flight only and should not be horsepower limit would be more with the use of operating limitations to confused with a maximum operating suitable than a maximum speed limit. A prescribe limitations on the aircraft speed or a maximum dive speed. The commenter stated that horsepower and definition. Using operating limitations consensus standard for airplane design drag are the factors that set airplane instead of aircraft design limits may and performance will assure that the maximum speed. The FAA agrees that permit sport pilots to use aircraft that aircraft structure has adequate margins there are alternative methods of limiting exceed the parameters of the light-sport to be operated within its allowable aircraft speed, however, the FAA has aircraft definition. speed range. chosen to limit the speed directly rather Commenters requested that the FAA Several commenters stated that the than indirectly through some other consider alternative maximum speed same flying skills are needed for a parameter. Due to the variability of limits, ranging from 120 to 187 knots slower or a faster airplane. The FAA aircraft design the FAA believes that CAS. One commenter proposed that the disagrees and notes that the skills limiting horsepower would not maximum airspeed limit should be 120 necessary to operate an aircraft that necessarily result in consistent knots, so that 2 nautical miles (NM) per exceeds 120 knots differ from those maximum airspeed limitations. minute would simplify navigation by skills necessary to operate a light-sport Some commenters stated that higher pilotage. The FAA disagrees that aircraft. In addition, the FAA requires a speed does not affect safety, but simplifying navigation by pilotage sport pilot to obtain additional training insufficient power may reduce safety. would be an appropriate justification; to operate an aircraft with VH greater The FAA has previously discussed how however, the FAA is increasing the than 87 knots and less than 120 knots higher speed may affect safety. With maximum speed value to 120 knots CAS because different skills are necessary to regard to simple, low-performance from the 115 knots CAS originally operate these light-sport aircraft with aircraft, the design and performance proposed. As previously stated, the FAA higher performance capabilities. For consensus standard will ensure that all believes this small increase is further discussion on training aircraft meet a minimum performance appropriate for the revised definition of requirements reference ‘‘V.5.A.iii. Flight standard and therefore provide an ‘‘light-sport aircraft,’’ and it remains Training and Proficiency Requirements’’ acceptable level of safety. Several consistent with the original proposal. in the discussion of Part 61 general commenters stated that the maximum The FAA does not believe that this issues. airspeed is dependent upon throttle change will materially affect the A commenter proposed that a position, and that operating at 100% population of aircraft that are eligible to different light-sport airplane category throttle is not a normal operation. meet the definition of light-sport permit faster airplanes, or that a sport Although this statement is true, the FAA aircraft. pilot be permitted to operate faster has determined that it is appropriate to Commenters stated that the proposed airplanes with a logbook endorsement. impose a maximum speed limit for the limit is unenforceable, because a The FAA disagrees that sport pilots reasons stated above. propeller pitch change can increase or should be permitted to fly faster aircraft Another commenter stated that many decrease the airplane speed at heavier than permitted by the definition airplanes ‘‘claim’’ inflated top speeds, maximum power. Some commenters of light-sport aircraft. The FAA believes so only a demonstrated maximum speed asked if flat pitch propellers or engine that a pilot operating aircraft above the would be credible. The FAA agrees and governors would be permitted as a way speed in the definition should have at notes that VH was selected as it is easily for an airplane to satisfy the maximum least a private or recreational pilot’s demonstrated. Several commenters airspeed constraint. The FAA agrees certificate because the FAA believes it noted that in-service variations affecting that the manufacturer may use flat pitch would not be appropriate or safe for engine or propeller efficiency, propellers or engine governors as part of persons with the minimum training and instrument calibration, or airplane the aircraft design to demonstrate experience of a sport pilot to operate aerodynamics could cause significant compliance with the light-sport aircraft faster or heavier aircraft. variations in actual maximum airspeed. definition. If an aircraft propeller or A commenter stated that cruise speed The FAA agrees that some small engine configuration causes the aircraft has little to do with aircraft energy variations in actual aircraft performance to exceed the prescribed limitations, the when the aircraft is out of control. The are to be expected. However, the FAA aircraft will not be considered to meet FAA notes that the purpose of the believes that a demonstration by the the definition of light-sport aircraft. The limitation on speed is to make it easier manufacturer of the aircraft’s maximum FAA notes that although it is not for the sport pilot to maintain aircraft airspeed in a specified configuration is permitting variable pitch propellers, the control. The FAA believes that, at adequate to ensure that the airplane use of ground adjustable propellers is higher cruise speeds, the possibility for design is compatible with the light-sport permitted. The FAA expects the adverse consequences from momentary aircraft definition. A commenter stated airplane manufacturer to define the loss of control is greater. Commenters that foreign sport airplane airworthiness airplane configuration, using critical objected that the proposed limit would standards do not impose a maximum parameters, when determining force the design of inefficient aircraft. airspeed requirement, and this would be compliance with the light-sport aircraft The FAA disagrees with this opinion. an unfair advantage compared to definition. The FAA expects that the Faster aircraft are not necessarily more American aircraft. The FAA disagrees sport pilot will operate the aircraft in efficient than slower aircraft. Maximum that foreign aircraft have an unfair the configuration that the manufacturer speed is not an indication as to whether advantage. Regardless of the country of used to demonstrate compliance with or not an aircraft has an efficient design. manufacture, in order to be considered the light-sport aircraft definition. An efficient aircraft design (with lower a light-sport aircraft, the aircraft must

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meet the parameters of the light-sport maintain by adding flaps to a design for sport aircraft to operate in Class B, C, or aircraft definition. no other purpose than to meet the VS0 D airspace. The FAA does not agree that A commenter proposed that the light- requirement. Light-sport aircraft may operating in these airspace classes sport aircraft definition should assure have flaps because the safety benefit of requires such a high stall speed and structural integrity by requiring that the this feature can be achieved without the notes that ultralight vehicles may maximum speed in level flight with complexity inherent in retractable operate in Class B, C, or D airspace with maximum continuous power, VH, be landing gear or controllable-pitch ATC permission. Additionally, other less than or equal to the design propellers. The FAA is eliminating the aircraft with stall speeds below 50 knots maneuvering speed (VA) at altitudes of maximum stalling speed in the landing routinely operate in these classes of 8,000 feet or less. Because the FAA is configuration (VS0) restriction that was airspace. not establishing structural limits in the proposed in paragraph (4) of the NPRM A commenter proposed that the FAA definition of light-sport aircraft, it because the low-speed limit is require shoulder harnesses in light-sport would be inappropriate to include this adequately addressed by the maximum aircraft and then increase the proposed constraint in the definition. The FAA ‘‘clean’’ stall speed (VS1). stall speed limits by 10 percent. The believes that this would be an excessive FAA disagrees that installing shoulder restriction for light-sport aircraft. Final Rule Paragraph (4) Maximum harnesses should permit increased stall Stalling Speed or Minimum Steady speeds for light-sport aircraft. This rule Paragraph (3) Maximum Never-Exceed Flight Speed Without the Use of Lift- does not directly prescribe equipment Speed (VNE) for a Glider Enhancing Devices (VS1) (Proposed as standards as those are contained in the A commenter stated that the FAA’s Paragraph (5)) consensus standards. proposed maximum speed of 115 knots The FAA received numerous A commenter proposed that an for a glider does not provide adequate comments concerning the two proposed increased stall speed would permit a protection against headwinds or wind maximum stall speeds. Some higher aircraft weight, which would shear. A commenter asked that the commenters agreed with the stall speeds permit installation of more navigation never-exceed speed (VNE) be increased originally proposed by the FAA. Many and communication equipment on the slightly to allow for increased safety, commenters proposed higher alternative light-sport aircraft. As noted elsewhere utility, and comfort. Several comments values for the light-sport aircraft stall in this section, to accommodate the recommended increased VNE for gliders. speed limit, ranging from 45 miles per weight increase and maximum speed Additional comments expressed hour (mph) (39 knots) to 63 mph (55 increase from the originally proposed satisfaction with the consistency with knots). Typically, commenters referred maximum values, the FAA is increasing the VH for powered aircraft. The FAA is to a particular homebuilt, classic, or the limit stall speed without the use of aware that the two maximum speed existing training airplane as being lift enhancing devices VS1 to 45 knots limits established in the light-sport appropriate for consideration under the CAS. aircraft definition have two different light-sport aircraft definition and for Several commenters proposed that the bases. As stated in the previous section, operation by a sport pilot. The FAA did light-sport aircraft should have a lower the FAA’s concern is that the light-sport not establish a maximum stall speed for stall speed limit. One reasoned that aircraft definition set a maximum speed light-sport aircraft based on the slower flight permits a wider choice of limit for the aircraft to be flown by sport parameters of particular aircraft. emergency landing fields. Several stated pilots. In response to the comments Additionally, one commenter asked that the stall speed should be as low as reported in this section, in the final rule, why the stall speeds were so low. The possible for safety’s sake. The FAA VNE for gliders is increased to 120 knots FAA’s proposed stall speeds were based agrees with these principles; however, CAS. This is done to maintain on early discussions with light-sport disagrees with the need to lower the consistency between the VH value for aircraft industry representatives. A basic proposed stall speed. The FAA believes powered aircraft and the VNE value for design principle for light-sport aircraft that the revised stall speed is gliders. is that the stall speed for these aircraft appropriate for aircraft that might weigh is about one third of the aircraft as much as the maximum weight limit Proposed Paragraph (4) Maximum maximum speed. The FAA notes that that is established in the light-sport Stalling Speed or Minimum Steady when it increased the maximum aircraft aircraft definition. The FAA notes that Flight Speed in Landing Configuration speed in the final rule it also increased the maximum stall speed does not (VS0) the maximum stall speed accordingly. prohibit a manufacturer from producing Some commenters recommended that A commenter stated that the FAA lighter aircraft with lower stall speeds. the FAA eliminate the 39-knot stall should increase the stall speed to a A commenter believed that 30 to 35 speed in the landing configuration. range of 50 mph to 60 mph, ‘‘*** knots would be better than the value Many comments recommended raising which would be above what is generally proposed by the FAA, and the limit of 39 knots CAS in the landing encountered as normally high runway recommended that the part 103 stall configuration. Some commenters turbulence and would lead to safer speed of 24 knots would be even better. questioned the narrow proposed spread landings.’’ The FAA believes that the As described in detail elsewhere in this between the originally proposed VS0 stall speed established in the light-sport section, the FAA believes that an (proposed in paragraph (4)) of 39 knots aircraft definition should be adequate to increased stall speed for light-sport CAS and the VS1 (proposed in paragraph address airport surface conditions aircraft is appropriate for the maximum (5)) of 44 knots CAS. normally encountered by light-sport aircraft weight permitted by the light- The FAA agrees that the proposed aircraft. Permitting significantly sport aircraft definition. The FAA notes spread of stall speeds in practice is increased stall speeds may have the that the light-sport aircraft definition is narrow, and provides a mixed message effect of changing the takeoff and intended to broadly encompass a wide as to the limiting design condition. A landing characteristics of light-sport range of aircraft for sport pilots. Some low stall speed is desirable, but not at aircraft to a degree that is inappropriate light-sport aircraft design parameters the expense of forcing a simple aircraft for their operation by sport pilots. significantly exceed the parameters of that otherwise meets the definition to A commenter stated that a 50-knot vehicles operating under part 103. become more complex to operate and stall speed would be needed for light- Therefore, it would not be appropriate

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to use the part 103 stall speed limits for level of operational and mechanical characteristics to accommodate single- all light-sport aircraft. complexity that extends far beyond the engine failure in a multi-engine layout. A commenter agreed with the concern scope of this rule. Current pilot A commenter proposed that multi- for a low stall speed, but stated that certification rules require an additional engines be permitted, with a combined pilot awareness should better focus on rating for multi-engine operation and a horsepower limit. For the reasons stated airplane angle of attack rather than type rating for turbojet powered aircraft. previously, the FAA disagrees that light- speed. The FAA agrees that there is a These additional pilot ratings are not sport aircraft should be permitted to need to limit the capability of the light- available to the holder of a sport pilot have multiple engines because of the sport aircraft but notes that angle of certificate. Further, most turbopropeller additional operational complexity of attack is not an appropriate design engines make use of cockpit- these aircraft. parameter for these aircraft. Pilot controllable variable pitch propellers A commenter stated that for training typically addresses critical and many have a reverse thrust ultralight-like aircraft, the engines aircraft attitudes, including angle of operational mode as well. Such devices should be considered non-essential attack. are mechanically and operationally equipment. Another commenter stated A commenter stated that FAA should complex, requiring more extensive that because ultralight pilots are trained clarify that aircraft speeds are more training to operate in flight and having to stay within safe gliding distance from accurately represented by knots True far more complex maintenance an emergency landing field then engines Air Speed (TAS) or knots Calibrated Air requirements. Therefore, the definition should be considered as non-essential Speed (CAS), rather than knots of light-sport aircraft will continue to equipment. The FAA will permit the Indicated Air Speed (IAS). Both the exclude multiengine or turbine-powered teams developing the design consensus proposal and the final rule refer to aircraft. standards for the different classes of speeds in knots CAS. Several commenters proposed that light-sport aircraft to determine whether Commenters asked for details on how small turbine engines be permitted for engine operation is essential to the safe the stall speed is determined. The light-sport aircraft. Reasons included operation of these aircraft. Neither the definition was changed to specify that simplicity of design and operation, light-sport aircraft definition nor the maximum stalling speed is determined desire to foster innovation, and safety rule directly prescribes standards for at maximum weight, with most critical relative to a propeller design. A design of equipment, such as engines. center of gravity location, at sea level commenter stated that a small turbine The FAA believes that in many standard day conditions. However, the engine permits a simpler powerplant instances light-sport aircraft will be actual test method is to be defined in package for a powered glider than a operated well beyond safe gliding the consensus standard. propeller engine. The FAA does not distances from an emergency landing agree that turbine engines are field. Final Rule Paragraph (5) Maximum appropriate for the light-sport aircraft A commenter asked if type- Seating Capacity (Proposed As category. Turbine engines possess certificated engines will be required for Paragraph (6)) inherent design characteristics that must light-sport aircraft. The FAA notes that Several commenters stated that the be accommodated by stringent design, the rule does not require the installation FAA should permit more than two seats maintenance, and operating criteria that of type-certificated engines. for the light-sport aircraft. Additionally, are inconsistent with the light-sport The FAA notes that in the final rule a commenter asked if four-seat airplanes aircraft regulatory philosophy. the term ‘‘single non-turbine engine’’ could meet the light-sport aircraft Specifically, turbine engine failure has been modified to single definition with limitation of only using modes, such as disc bursts, can be reciprocating non-turbine engine. This two seats. Light-sport aircraft are catastrophic to the aircraft. The FAA has was done to preclude light-sport aircraft simple, non-complex, aircraft and established engine and airframe powered by rocket engines but still adding more seats or passengers would certification regulations to address these permit rotary and diesel engines. add to the weight and complexity of failure modes such as mandatory life Final Rule Paragraphs (7) and (8) these aircraft resulting in operational limits, extensive engine analyses and Propellers (Proposed as Paragraph (8)) characteristics that would be testing, and airframe layout, structural inappropriate for the sport pilot. A and performance criteria that require The FAA received numerous commenter asked if a single-seat aircraft extensive FAA oversight that is beyond comments on the proposed definition is eligible as a light-sport aircraft. The the scope of this rulemaking. limiting powered light-sport aircraft to a definition permits a single-seat aircraft. Many commenters stated that light- fixed or ground-adjustable propeller. A commenter asked if side-by-side sport aircraft should have the safety Several commenters stated that existing seating would be permitted for flight benefit of multi-engine reliability. A electronically controlled in-flight instruction. Another commenter commenter stated that small multi- adjustable propellers are widely used in questioned the permissible arrangement engine ultralight-like airplanes respond the ultralight industry, and are not as of the seats in a two-place aircraft. Side- differently to a single engine failure complicated as hydromechanically by-side or tandem seating is permitted than relatively larger general aviation controlled constant-speed propellers. A under this rule. The definition does not aircraft. Another commenter stated that commenter stated that the light-sport define the arrangement of the seats. the light-sport aircraft performance aircraft definition should not stifle would assure that multi-engine innovation in developing automatically Final Rule Paragraph (6) Single, operation would require a negligible controlled adjustable propellers. Most of Reciprocating Engine (Proposed As difference in pilot skills. Another the commenters stated that electrically Paragraph (7)) proposed to require only a single thrust driven variable-pitch propellers have Commenters recommended that the line and permit multi-engines. Another been used on ultralight vehicles, and light-sport aircraft definition allow for proposed that the light-sport aircraft that they are not inherently complex multi-engine aircraft, turbine-powered definition contain suggested specific and recommended changing the aircraft, or both. The FAA disagrees performance values and include definition to include variable-pitch with this suggestion. Multi-engine and provisions that would result in a light- propellers. The FAA does not agree that turbine-powered aircraft introduce a sport aircraft having docile handling the light-sport aircraft definition should

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be changed to permit controllable pitch certificate for the purpose of operating Paragraph (9) Gyroplane Rotor System propellers. These propellers add a light-sport aircraft. The operator may The definition of light-sport aircraft in operational complexity to an aircraft, as be able to qualify for another proposed § 1.1 included gyroplanes. As well as the potential for mechanical experimental certificate for a different discussed in the NPRM, the FAA did failure. In addition, because of the purpose such as amateur-built. not propose to issue special training requirements for sport pilots Some commenters recommended that airworthiness certificates for gyroplanes and repairmen (light-sport aircraft), the the light-sport aircraft definition include in the light-sport category. The FAA FAA does not believe that light-sport particular aircraft that have constant- received numerous comments on the aircraft should have controllable pitch speed propellers. Some commenters subject of gyroplanes (or autogyros or propellers. The FAA further notes that stated that variable-pitch propellers gyrocopters), including a submittal from a controllable-pitch propeller is one of provide performance benefits for the gyroplane trade association. Most of the characteristics of a complex airplane smaller powerplants, and that this can the comments concerned the availability as listed in § 61.31 (e). As stated in the be a safety benefit. The FAA does not of dual-instruction, and the effect that proposed rule, the FAA intends for agree that these potential benefits terminating current training exemptions light-sport aircraft to be simple, low outweigh concerns discussed previously would have on the availability of performance aircraft. concerning the complexity of operations Commenters proposed that adjustable- training for gyroplane pilots. The FAA and maintenance for light-sport aircraft. pitch propellers are needed for safety included gyroplanes in the light-sport and performance benefits for powered Some commenters stated that aircraft definition to permit a sport pilot aircraft, particularly for seaplanes. One seaplanes use reversible-pitch to fly the small gyroplanes that are commenter stated that the maximum propellers to assist in water handling currently available on the market. The speed limit and additional weight for characteristics and that the definition of FAA believes that the training floatplanes should permit adjustable light-sport aircraft be modified to permit exemptions have permitted some propellers for those aircraft. Another reversible-pitch props on seaplanes. For increased availability of gyroplane flight commenter noted that reversible the reasons stated above, the FAA instructors because the exemptions propellers are typically used by disagrees and will not permit the use of allowed for a two-seat gyroplane to be floatplanes as brakes in surface reversible pitch propellers for seaplanes. operated as an ultralight training vehicle operations on the water. The FAA does Some commenters requested that the by a qualified ultralight instructor. not believe that these benefits justify light-sport aircraft definition permit Existing two-seat gyroplanes that had permitting controllable pitch propellers powered gliders to have in-flight been operated as training vehicles under for these aircraft for the reasons stated adjustable propellers. According to the the part 103 exemptions, and which above. commenters, powered gliders use a have been certificated under Commenters proposed that small motor and propeller to prolong § 21.191(i)(1), will be permitted to controllable pitch propellers be the cruise or soaring flight. The conduct similar flight training permitted on light-sport aircraft and that powerplant may also be used for self- operations for five years, as provided for a sport pilot be permitted to operate that launching of the powered glider. A in § 91.319 in this rule. The part 61 aircraft if the pilot has the appropriate number of different systems exist, provisions of the rule will permit an training and a corresponding ranging from a windmilling propeller, to existing ultralight gyroplane flight endorsement. The FAA does not agree various autofeather propeller systems, to instructor to transition to become a that the light-sport aircraft definition systems that fold the propeller and stow flight instructor with a sport pilot rating. should be revised to permit this because the motor. The FAA anticipates that this 5-year it would require a level of training for transition period will permit the The FAA notes that reduction of drag sport pilots and repairmen (light-sport gyroplane flight instructor pool to is critical to safe operation of aircraft) that is not commensurate with continue to expand to address the unpowered and powered gliders. the privileges of those certificates. concerns of most of the commenters. A commenter proposed that Powered gliders are a unique kind of Two-seat gyroplanes that have been adjustable propellers be permitted on light-sport aircraft in that they use a issued experimental certificates for the light-sport aircraft, but that a private propeller to carry the aircraft to glide purpose of operating amateur-built pilot license be required for these altitude, then the engine is turned off as aircraft under § 21.191(g) may be aircraft. Light-sport aircraft are intended the aircraft begins soaring flight. If the operated in accordance with operating to be flown by persons exercising propeller were not stowed or faired from limitations issued under § 91.319. privileges of a sport pilot. In addition, the cockpit to reduce drag, the aircraft’s Generally, they may be used for sport the FAA notes that private pilots may glide performance would be greatly and recreation operations, including fly aircraft with adjustable propellers; hindered. carrying a passenger, and receiving however those aircraft are not The FAA further notes that propellers personal flight training. Receiving considered light-sport aircraft. used on powered gliders are simple and personal flight training (obtaining credit A commenter asked if the FAA would only allow the pilot to feather or retract for flight instruction received in the require operators of existing weight- the propeller from the cockpit once the aircraft that one owns) was a concern for shift-control and powered parachute engine has been shut down. In addition, some commenters. aircraft to remove their in-flight potential failure of these systems does Many of the commenters were electronically adjustable propellers. If not add to pilot workload during the concerned that the consensus standards the operator wishes the aircraft to be more critical flight phases of takeoff or for light-sport aircraft would add considered a light-sport aircraft, the landing. Therefore, the FAA believes prohibitively expensive costs to aircraft may not be equipped with an in- that the use of an autofeathering gyroplanes, and would result in fewer flight adjustable propeller. Under the propeller system is appropriate for gyroplane flight instructors. The FAA provisions of § 21.191(i)(1), existing powered gliders. The proposed light- notes that there are four gyroplane aircraft would have to meet the sport aircraft definition is revised in the designs that have been type certificated. definition of a light-sport aircraft in final rule to permit autofeathering The FAA notes that many gyroplane order to receive an experimental propeller systems on powered gliders. designs are smaller and lighter weight

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than type certificated gyroplane designs. increased availability of training rather simplicity of the light-sport aircraft, and One commenter stated that even with than different standards for design and the training requirements for the sport less mass, ultralight gyroplanes are not performance of gyroplanes. Refer to the pilot. different from existing gyroplanes and discussion under ‘‘VI.5.A.viii. The FAA received many comments could be considered similar to Gyroplanes’’ for details on how this rule requesting that the light-sport aircraft gyroplanes that have a standard proposes to assure better training for definition allow for simple mechanical airworthiness certificate. If it is true that sport pilots seeking a gyroplane rating. retractable landing gear. Some existing ultralight gyroplanes are similar To summarize, the FAA stated in the commenters requested that specific to gyroplanes that have a standard NPRM that, for sport pilots flying light- existing aircraft that have simple airworthiness certificate, then the FAA sport aircraft, the continued use of mechanical retractable landing gear be will work with any manufacturer who exemptions would generally be eligible to be a light-sport aircraft. They desires to obtain a type certificate for a inappropriate to allow aircraft larger noted these aircraft would otherwise two-seat gyroplane that meets existing than the limits in part 103 to be used for satisfy the FAA’s proposed definition of airworthiness standards. Part 27 flight training. At this time, the FAA is light-sport aircraft. The reasons stated airworthiness standards define an not participating in developing by commenters for permitting light- internationally recognized level of consensus standards for gyroplanes, sport aircraft to have retractable landing safety for small rotary wing aircraft. A because the FAA believes that, unlike gear included—the safety benefit for gyroplane design may also receive a other kinds of light-sport aircraft, there emergency landings on water or rough primary category type certificate, which are significant complex design issues for fields; that speed limitations make the will be issued if the FAA finds that the gyroplanes that are unresolved by the performance restriction of a fixed gear aircraft complies with the applicable industry. The simplicity of operation of redundant; that training and airworthiness requirements approved gyroplanes supports making this aircraft endorsement for pilots under existing under § 21.17(f) and has no feature or available to sport pilots. The need for § 61.31(e) adequately prepares pilots to characteristic that makes it unsafe for its dual instruction in gyroplanes, and the operate aircraft with retractable landing intended use. scarcity of gyroplane instructors, is gear; that the slow speed of light-sport Many of the commenters who called reason for the FAA to issue training aircraft will naturally limit damage in for the special light-sport aircraft exemptions for the gyroplane event of an inadvertent gear-up landing; airworthiness certificate for gyroplanes community. Including gyroplanes in the that gear-up landings are not an referred to the simple design and light-sport aircraft definition will permit uncommon occurrence; and that operation of flight controls. The FAA the continued construction of two-seat mechanical retractable landing gear is acknowledges that this is a reason for gyroplanes that will support increased inherently simple compared to permitting sport pilots to fly gyroplanes, availability of gyroplane flight electrical, hydraulic, or pneumatically and for that reason the FAA included instructors. If the gyroplane community actuated systems. The FAA disagrees gyroplanes in the light-sport aircraft is successful in developing a design and that aircraft other than gliders should definition. However, the FAA does not performance consensus standard, and if have simple mechanical, or any other agree that this operational simplicity service experience, including accident type of, retractable landing gear for the would apply to design and performance data, demonstrates a marked difference reasons stated above. criteria for the light-sport aircraft between ultralight gyroplanes and those A commenter asked the FAA to define gyroplane design. Complicating design that are built to that voluntary its safety concern for not permitting factors for gyroplanes include the consensus standard, then the FAA may light-sport aircraft to have retractable location of thrust and lift lines with revise the rule to permit gyroplanes to landing gear. The FAA does not expect respect to the center of gravity; receive the special airworthiness retractable gear would improve the horizontal and vertical stabilizer size certificates in the light-sport category. safety of a light-sport aircraft. The FAA and location; and effects of turbulence. Otherwise, before the end of the 5-year believes that retractable landing gear Larger gyroplanes have greater inertia, period during which aircraft certificated add to pilot workload, particularly which makes the aircraft less sensitive under § 21.191(i)(1) may be used for during the critical takeoff and landing to the relative effects of these factors. flight training for compensation, the phases of flight. Further, the addition of The FAA believes that the dynamics of FAA may consider if it will continue to retractable landing gear would a rotary wing aircraft and the light keep exemptions in place to allow flight introduce the potential for gear failure. weight of existing two-seat ultralight instructors to train sport pilots in Therefore, the FAA believes that gyroplanes require a design standard for gyroplanes issued experimental allowing the use of retractable landing structural integrity and aircraft stability certificates. gear on light-sport aircraft other than that may add prohibitively expensive gliders would provide no safety benefit costs to gyroplanes. One commenter Paragraph (10) Nonpressurized Cabin for powered airplanes while adding to expressed doubt that the ultralight The FAA did not receive any the operational and mechanical gyroplane industry would agree upon a comments on the proposed requirement complexity of the aircraft. design standard. for a light-sport aircraft to include a Many of these commenters stated The FAA reviewed gyroplane nonpressurized cabin, if equipped with their position that retractable landing accident statistics in the NTSB’s a cabin, in paragraph (10). gear does not add to aircraft complexity electronic database. The data show 70 while helping to reduce drag and fatal accidents in the years 1983 through Paragraphs (11) Through (13) Landing increase aircraft performance. The FAA 1994 with mechanical failures Gear disagrees and notes that retractable gear accounting for 12 of those accidents. Numerous commenters requested that adds complexity as discussed above. Data show 20 fatal accidents in the years the FAA revise the proposed definition The FAA notes that retractable landing 1995 through 2001, and mechanical of a light-sport aircraft to permit gear are designed to enhance the failures accounting for two of those retractable landing gear. The FAA performance of aircraft by reducing accidents. This data tends to support reiterates its original position that for drag. This performance improvement is those commenters who state that aircraft other than gliders, retractable typically attained at operational speeds gyroplane safety is better served by landing gear is inconsistent with the that exceed the performance limitations

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for light-sport aircraft. Several for seaplanes. The FAA had not Changes commenters proposed alternative rule intended to only permit repositionable The words, ‘‘since its original language to permit simple mechanical landing gear for fixed wing airplanes certification has continued to meet the retractable landing gear, and to define intended for operation on water. Upon following’’ are added to the introductory repositionable landing gear. As stated further consideration, the FAA has text of § 1.1. The reasons for this are above, the FAA is not revising the light- changed the term ‘‘seaplanes’’ to discussed in the section titled sport aircraft definition to permit ‘‘aircraft designed for operation on ‘‘Modification of Type-Certificated retractable landing gear on aircraft other water.’’ This change in terminology is Aircraft to Meet the Light-Sport Aircraft than gliders. The FAA discusses consistent with FAA’s original intention Definition.’’ repositionable landing gear later in this to permit powered parachutes and The FAA is restructuring the section. weight-shift-control aircraft to be used maximum takeoff weight requirements Some commenters proposed to permit for operation on water. It also removes in paragraph (1) of the definition of simple mechanical retractable landing the restrictions on powered parachutes ‘‘light-sport aircraft.’’ In addition, the gear for specific makes and models of and weight-shift-control aircraft FAA is changing the maximum takeoff aircraft, which would otherwise satisfy designed for operation on water implied weight from ‘‘1,232 pounds (560 the proposed light-sport aircraft by the use of the term ‘‘seaplanes.’’ As kilograms)’’ to ‘‘not more than 1,320 definition. Other proposed exceptions noted previously in the discussion of pounds (600 kilograms)’’ and is adding included replica fighter aircraft, and light-sport aircraft weight limits, the ‘‘1,430 pounds (650 kilograms) for an existing classic aircraft. The FAA does FAA has also intended to permit the aircraft designed for operation on not agree for the reasons stated light-sport aircraft definition to include water.’’ elsewhere in this section. flying boat aircraft. For this reason, the For the VH requirements in paragraph A commenter submitted a description FAA has added the term ‘‘hull’’ to (2), ‘‘115 knots CAS under standard of an existing aircraft mechanical paragraph (12) of the light-sport aircraft atmospheric conditions’’ is changed in retractable landing gear, with a definition. the final rule to read ‘‘120 knots CAS pneumatic gear position indicating Several commenters saw no difference under standard atmospheric conditions system. The FAA believes that the between simple retractable landing gear, at sea level.’’ system’s complex description justifies and the repositionable landing gear that In paragraph (3) (regarding VNE for a the FAA’s position that it is the FAA’s proposal would permit for glider), ‘‘115 knots CAS’’ is changed to inappropriate for the light-sport aircraft. seaplanes. The FAA disagrees. The FAA ‘‘120 knots CAS.’’ Several commenters stated that it is did not intend to permit retractable Proposed paragraph (4) (regarding discriminatory to permit retractable landing gear for aircraft designed for VS0) is not adopted in the final rule. landing gear for some kinds of light- operation on water. The FAA believes Proposed paragraph (5) (regarding sport aircraft but not for others. The that the repositionable landing gear that VS1) is adopted as paragraph (4) in the FAA explains below why it is allowing will be permitted for light-sport aircraft final rule, with the following change. retractable landing gear for gliders. that are designed for operation on water The words ‘‘44 knots CAS’’ are changed Several commenters stated that, by is consistent with the FAA’s original to read, ‘‘45 knots CAS at the aircraft’s including a reference to landing gear, position that sport pilots flying aircraft maximum certificated takeoff weight the FAA does not include provisions for other than gliders should not have to and most critical center of gravity.’’ foot-launched aircraft, such as hang concern themselves with verifying the Proposed paragraph (6), prescribing a gliders and powered paragliders in the position of a light-sport aircraft’s maximum seating capacity of two seats, light-sport aircraft definition. The FAA landing gear. is renumbered as paragraph (5) in the does not consider these to be light-sport Although no comments were received final rule and adopted with the addition aircraft. As stated in the proposed rule, on the topic, FAA did not intend for the of a non-substantive change to include the FAA specifically intended to definition of light-sport aircraft to the words ‘‘no more than.’’ exclude from consideration as light- preclude the installation of skis. FAA Proposed paragraph (7), prescribing a sport aircraft configurations in which believes that fixed skis are acceptable single, non-turbine engine for powered the engine and/or wing is mounted on for light-sport aircraft, and retractable light-sport aircraft, is renumbered as the person operating the aircraft, rather skis are not acceptable for light-sport paragraph (6) in the final rule and than a fuselage. aircraft. modified by replacing the word A commenter requested a definition Some commenters pointed out a need ‘‘nonturbine’’ with ‘‘reciprocating.’’ of repositionable landing gear that for provisions for a simple retractable The fixed or ground-adjustable distinguishes it from retractable landing wheel for gliders that are light-sport propeller requirements for light-sport gear. The FAA notes that for the aircraft. The FAA agrees that retractable aircraft in proposed paragraph (8) are purposes of light-sport aircraft, landing gear is acceptable for use on divided into paragraphs (7) and (8) in repositionable landing gear is wheeled light-sport gliders. Most of the gliders the final rule to distinguish between landing gear that allows an aircraft that otherwise meet the definition of a powered gliders and other powered designed for operation on water to take light-sport aircraft do make use of aircraft. In the final rule, paragraph (7) off and land from a hard surface and retractable landing gear. Reduction of requires a fixed or ground-adjustable which may be retracted on the ground drag is of critical importance for gliders, propeller for powered aircraft other than to permit takeoff and landing on water. because they do not use power to a powered glider. Paragraph (8) requires Repositionable landing gear remains generate airspeed and maintain lift. a fixed or autofeathering propeller fixed in its position from takeoff Because of these considerations, the system for a powered glider. through landing. For aircraft intended FAA is revising the definition of a light- Paragraph (9), regarding the gyroplane for operation on water, repositionable sport aircraft to permit a retractable rotor system, is adopted without change. landing gear is acceptable for light-sport landing gear (wheel or skid) for gliders. Paragraph (10), concerning a aircraft because it does not add to The consensus standards for light-sport nonpressurized cabin, is adopted mechanical or operational complexity. aircraft gliders should assure that the without change. In the proposed rule, the FAA had retractable landing gear will be a simple Proposed paragraph (11) contained permitted repositionable landing gear mechanically operated system. requirements for fixed landing gear for

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light-sport aircraft, with an exception inflat[ing] into a lifting surface when contains the aircraft engine, a seat for permitting repositionable landing gear exposed to a wind.’’ The definition is each occupant and is attached to wheels for seaplanes. In the final rule, this is revised to state ‘‘* * * the wing is not or floats.’’ modified and divided into paragraphs in a position for flight until the aircraft Definition of ‘‘Weight-Shift-Control (11) and (12) in the final rule for clarity. is in motion* * *’’ to more correctly Aircraft’’ In the final rule, paragraph (11) requires correspond to powered parachute fixed landing gear, except for an aircraft operational practice. The language in Several commenters proposed intended for operation on water or a the proposed definition stated that the alternative definitions for the weight- glider. Paragraph (12) requires fixed or engine is an integral part of the aircraft. shift-control aircraft that would permit repositionable landing gear, floats, or a The definition is revised to specify that rigid wings with ailerons and rudder hull for an aircraft intended for the engine is a part of the fuselage, as control. One commenter noted that the operation on water. was intended by the FAA. Also, the consensus standard for weight-shift- Paragraph (13) is added to permit revised definition specifies that the control aircraft that is being developed fixed or retractable landing gear for seats are a part of the fuselage. That is makes provisions for rigid-wing aircraft. gliders. consistent with current designs and was The commenter believes that this is a good feature. The FAA’s definition Definition of ‘‘Powered Parachute’’ intended by the FAA. The language in the proposal did not address this identified ‘‘* * * a framed, pivoting Several commenters requested that consideration. wing * * *.’’ A rigid wing is beyond the powered parachute definition be A commenter proposed that the what the FAA intended for these broadened to permit paragliders and definition identify different classes of aircraft. The FAA intended for the paramotors, or other forms of foot- powered parachutes, including utility or weight-shift-control aircraft launched aircraft. Some commenters commercial. The FAA notes that classification to address only flex-wing were opposed to identifying these powered parachutes will not be issued aircraft. The definition is being revised aircraft as powered parachutes. The type certificates. Aircraft used for to clarify this by specifically indicating FAA does not intend light-sport aircraft commercial purposes typically have a that the aircraft is ‘‘controllable only in to include foot-launched aircraft type certificate based on compliance pitch and roll.’’ because the variety of these aircraft with the airworthiness standards and A commenter questioned the FAA’s combined with the lack of an aircraft certification procedural requirements objective in making a classification for fuselage and an aircraft geometry based contained in 14 CFR. The FAA intends weight-shift-control aircraft. The FAA on the individual characteristics of the that experimental and special light-sport believes that weight-shift-control operator would not be consistent with aircraft be limited to activities generally aircraft should be distinguished not the FAA’s desire for training aircraft considered to be sport and recreation. only by their use of flexible wings and built to specific design and performance The operating limitations for weight shift for flight control, but also standards. experimental and special light-sport by the aircraft response to a pilot input. Commenters proposed that the rule aircraft will generally prohibit these Pilot input is applied to a control bar make provisions for land- and sea- aircraft from being used for commercial that is a rigid wing member. The rigid classes for powered parachutes. The purposes. wing member is limited to translation in proposed rules for aircraft certification The FAA received comments that the a lateral plane that is either push do not preclude this, assuming that definition for powered parachute forward (aircraft nose up)/pull aft appropriate aircraft design consensus aircraft should not be limited to aircraft (aircraft nose down), or push left standards for both land and sea class with a fuselage. The FAA does not agree (aircraft turn right)/push right (aircraft powered parachutes are developed. for reasons stated in the proposed rule turn left). The former motions control Similarly, the FAA did not intend to and notes that to remove this restriction aircraft pitch; the latter motions control preclude the installation of skis on would permit foot-launched vehicles, aircraft roll. These motions cause powered parachutes. As stated such as powered paragliders, to be aircraft response in the opposite sense previously, the FAA believes that fixed considered light-sport aircraft. The FAA for a conventional three-axis-control skis are acceptable for light-sport retains the requirement for a fuselage in aircraft. The training for sport pilots to aircraft. The FAA will participate in the the definition. operate a weight-shift-control aircraft is development of the consensus standards based on these assumptions. for powered parachute design and Changes A commenter stated that the performance, and will determine when The proposed rule stated: ‘‘A powered definition of a weight-shift-control these standards are completed and parachute means a powered aircraft that aircraft should more correctly address acceptable for use. derives its lift from a non-rigid wing control by changing the direction of Some commenters proposed specific that inflates into a lifting surface when wing lift, rather than changing the language for the definition of a powered exposed to a wind.’’ This is changed to aircraft center of gravity location. The parachute. The FAA agrees that the state: ‘‘A powered parachute means a commenter also noted that if aircraft definition should make clear that the powered aircraft comprised of a flexible center of gravity location is calculated wing of a powered parachute does not or semi-rigid wing connected to a with respect to a fuselage station, then deploy unless the aircraft is in motion, fuselage so that the wing is not in the pilot control inputs do not change and is revising the definition to position for flight until the aircraft is in the airplane center of gravity location. accommodate this. Also, the definition motion.’’ The FAA agrees with the commenter, is being revised to characterize the The proposed definition also stated: and the weight-shift-control aircraft powered parachute wing as ‘‘flexible’’ or ‘‘A powered parachute is propelled by definition is revised to indicate that for ‘‘semi-rigid’’ instead of the term ‘‘non- an engine that is an integral part of the flight control the center of gravity rigid’’ that was used in the proposed aircraft and is controlled by a pilot location is considered in relation to the rule. This change more closely within a fuselage that is suspended wing. represents current designs for powered beneath the non-rigid wing.’’ The The FAA did receive some comments parachutes. In the proposed rule, the definition is changed to state: ‘‘The that the definition for weight-shift- definition described the wing as ‘‘*** fuselage of a powered parachute control aircraft should not be limited to

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aircraft with a fuselage. The FAA does agrees in part, but, as proposed in the Section 21.181 Duration [of not agree for reasons stated in the NPRM and adopted in this final rule, Airworthiness Certificates] proposed rule and notes that to remove determines that light-sport aircraft will Several commenters agreed with the this restriction would permit foot- be added as a category under special FAA’s position that the aircraft owner is launched vehicles, such as powered or airworthiness certificate. Aircraft may unpowered hang gliders, to be ultimately responsible for the receive a special airworthiness airworthiness of the light-sport aircraft. considered light-sport aircraft. The FAA certificate in two separate ways. First, has retained the requirement for a These commenters also assumed that an aircraft may receive a special the FAA could take certificate action fuselage. airworthiness certificate in the light- The FAA is working with the weight- against the holder of the airworthiness sport category if that aircraft meets a certificate if necessary. The FAA shift-control aircraft technical consensus standard. Second, if a light- committee of ASTM. The FAA has discussed certificate action in the sport aircraft does not meet a consensus discussed with this group that the NPRM, but realizes that the proposed standard, the owner may obtain an definition of weight-shift-control aircraft rule would not have provided a experimental certificate for it. should be limited to two-axis-control sufficient regulatory means to invalidate aircraft, in which the wing pitch One commenter recommended the airworthiness certificates issued to attitude may vary, and the wing position retaining experimental as a purpose, these aircraft. The FAA is therefore may be moved about the longitudinal and not as a classification, on the adopting language to include several axis of the aircraft. The definition of special airworthiness certificate. The limitations to the duration of the weight-shift-control aircraft precludes FAA disagrees. Taking this action airworthiness certificate. yaw control by vertical surfaces, or would not allow the FAA to distinguish The proposed rule would have hinged control surfaces such as a rudder the various purposes for which revised paragraph (a)(1) to include or ailerons to distinguish these aircraft experimental certificates are issued. requirements for special airworthiness from airplanes. Also, this action was not proposed and certificates in the light-sport category. is outside the scope of this rulemaking. The FAA has decided not to amend Changes (a)(1) but to move the proposed The proposed definition of weight- A few other commenters requirements for maintaining a valid shift control aircraft stated: ‘‘Weight- recommended that light-sport aircraft be special airworthiness certificate in the shift-control aircraft means a powered required to have type certificates. One light-sport aircraft category to new aircraft with a framed pivoting wing and purpose of this rule is to provide for paragraph (a)(3) (and redesignate a fuselage that is controllable in pitch increased safety without substantially proposed (a)(3) as (a)(4)). The new and roll only by the pilot’s ability to increasing the burden on the industry. paragraph clarifies that those change the aircraft’s center of gravity.’’ Imposing type design requirements requirements must be continuously met This is changed to state: ‘‘Weight-shift- would add substantially to the cost of to maintain the validity of the control aircraft means a powered aircraft producing aircraft. A type certificate airworthiness certificate. The paragraph with a framed pivoting wing and a will not be necessary for light-sport indicates that the aircraft must meet the fuselage controllable only in pitch and aircraft that are certificated as special definition of a light-sport aircraft; roll by the pilot’s ability to change the light-sport aircraft or experimental light- conform to its original configuration, aircraft’s center of gravity with respect sport aircraft. They are issued except for authorized alterations; have to the wing.’’ airworthiness certificates with operating no unsafe condition or be likely to The FAA is also adding to the limitations that provide an appropriate develop an unsafe condition; and be definition the following sentence: level of safety for these aircraft. registered in the United States. If a ‘‘Flight control of the aircraft depends However, if the manufacturer of a light- special light-sport aircraft fails to meet on the wing’s ability to flexibly deform sport aircraft chooses to apply to the the limitations listed under rather than the use of control surfaces.’’ FAA and demonstrates the appropriate § 21.181(a)(3), the special airworthiness V.2. Part 21—Certification Procedures level of compliance with the existing certificate issued under § 21.190(a) is no for Products and Parts regulations, it may obtain a type longer valid. However, the aircraft may certificate for its light-sport aircraft. still be eligible for an experimental Section 21.175 Airworthiness certificate issued under § 21.191(i)(3) Certificates: Classification Finally, upon further review, the FAA with a duration established by is correcting the wording of paragraph § 21.181(a)(4). A few commenters recommended that (b) to remove the word ‘‘categories’’ and light-sport aircraft be issued standard the words ‘‘experimental airworthiness Changes airworthiness certificates. The FAA certificate’’ are corrected to read Paragraph (a)(1) is retained without agrees that a light-sport aircraft may be ‘‘experimental certificate.’’ This is issued a standard airworthiness change in the final rule. Proposed necessary because all of the items in the paragraph (a)(3), which discusses certificate if it meets the requirements of list are not categories of special the airworthiness standards under experimental certificates, is airworthiness certificates, and the § 21.175(a). But an aircraft issued a redesignated as (a)(4), and a new experimental certificate does not standard airworthiness certificate paragraph (a)(3) addressing special indicate the airworthiness standards requires a type certificate for its design, airworthiness certificates is added. New and usually a production certificate to that the aircraft meets. paragraph (a)(3) adds requirements that be manufactured. Any light-sport Changes the aircraft must meet to maintain aircraft not manufactured under a type eligibility for a special airworthiness certificate cannot be issued a standard In paragraph (b), the word certificate. airworthiness certificate. ‘‘categories’’ is removed, and the words Section 21.182 Aircraft Identification One commenter recommended that ‘‘experimental airworthiness certificate’’ light-sport be added as a category of are corrected to read ‘‘experimental The FAA received no comments on airworthiness certificate. The FAA certificate.’’ this section.

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Changes to resubmit the information required by operating instructions. To ensure that The proposal is adopted without paragraph (b) and the airworthiness all owners of these aircraft possess change. certificate being needlessly re-issued appropriate flight training information with a change in ownership. This would to safely operate the aircraft, the FAA is Proposed § 21.186 (Adopted as be an unnecessary administrative requiring an applicant for a special § 21.190—See Discussion Below) burden to the owners, to the FAA, and airworthiness certificate in the light- Proposed § 21.186 is renumbered as to the manufacturers. As specified in sport category to submit the aircraft’s § 21.190 in the final rule. This is being § 21.179, airworthiness certificates for flight training supplement when done because § 21.45, which addresses all aircraft are transferred with the application for that certificate is made. privileges of the holder or licensee of a aircraft. Accordingly, the term Proposed paragraph (b)(2) would have type certificate for a product, refers to ‘‘registered owner’’ in proposed prevented an aircraft having either a §§ 21.173 through 21.189. Since light- paragraph (b)(1) is changed to standard or a primary category sport aircraft are not issued type ‘‘applicant’’ in the final rule. airworthiness certificate from obtaining certificates, the FAA is moving this Proposed (b)(1)(i) would have a special light-sport aircraft section on light-sport aircraft out of that required the submission of the airworthiness certificate. This group of sections to § 21.190. applicable pilot operating handbook. prohibition is broadened in the final Upon further review, the FAA is rule to include not only aircraft issued Section 21.190 Issue of a Special changing the name of the document to standard or primary airworthiness Airworthiness Certificate for a Light- ‘‘aircraft operating instructions.’’ The certificates, but also those issued Sport Category Aircraft (Proposed as name change will distinguish it from a restricted, limited, or provisional § 21.186) pilot operating handbook, which is airworthiness certificates or equivalent Paragraph (a) Purpose: The FAA normally developed for small aircraft foreign airworthiness certificates. In received comments that suggested using certificated under part 23. The content broadening the rule’s provisions, the certification standards already of the aircraft operating instructions will FAA is using the same rationale that it acceptable in Europe and other be governed by applicable consensus used in the proposed rule. In the countries. The FAA opted for design standard. preamble of the proposed rule, the FAA and performance standards developed A few commenters recommended that stated that allowing aircraft with through the consensus standard process. the FAA revise paragraph (b)(1) to allow standard or primary airworthiness Those working on the consensus light-sport aircraft manufacturers to certificates to obtain a special light-sport standards are aware of the other apply for blocks of registration numbers. certificate would be an unnecessary certification standards and may adopt This is unnecessary since it can be done burden on the manufacturers, the all or a portion of them as deemed under 14 CFR part 47, Aircraft operators, and the FAA. The FAA also appropriate. See also discussions in Registration. stated that there would be little interest § 1.1 above. Proposed paragraphs (b)(1)(iv) and in ‘‘downgrading,’’ as a special light- The FAA received several comments (b)(1)(v) were intended to prevent past sport aircraft airworthiness certificate stating that gyroplanes also should be and future modifications that deviate would have more restrictive operating allowed to obtain special airworthiness from the consensus standards. The final limitations. (See discussion of proposed certificates in the light-sport category rule deletes the proposed requirement § 21.186(b)(2).) The FAA is making under the terms of the proposed rule that the registered owner produce these changes for the same reasons. and not be limited to experimental statements regarding the past and future These provisions are not intended to certificates. The commenters modification. Instead, the final rule preclude a special light-sport aircraft recommended that gyroplanes have the addresses this issue with a limitation on airworthiness certificate from being same options as the other types of the duration of the certificate’s issued to an aircraft that has been special light-sport aircraft to obtain a effectivity under § 21.181(a)(3), previously issued an experimental special light-sport aircraft airworthiness discussed above. Also, the FAA is certificate. certificate. See the discussion of addressing alterations to these aircraft in A few commenters also recommended gyroplanes under the definition of the operating limitations contained in that the FAA revise paragraph (b)(3) to ‘‘light-sport aircraft’’ in § 1.1 above. § 91.327. The intent of the limitation is allow use of designated airworthiness In addition, upon further review by to preclude unauthorized alterations, representatives (DARs) at factories for the FAA, the words ‘‘for sport and repairs, and replacement parts. For the purpose of performing FAA recreation,’’ ‘‘flight training,’’ and additional discussion, see § 91.327(b)(5), inspections. DARs are FAA designees ‘‘rental’’ are deleted from this paragraph and (b)(6) of the operating limitations and, as authorized, they may perform because these intended operations are concerning alterations and repairs for FAA inspections. They may be more appropriate for inclusion under these aircraft. employed by manufacturers. No the operating rules of § 91.327. As Proposed paragraph (b) is also revised revision is necessary to allow DARs the discussed under that section, special to require an applicant to submit the authority to perform the inspections light-sport aircraft may be used for these aircraft’s flight training supplement. The under (b)(3). See also the discussion on types of operations or purposes. FAA proposed that the manufacturer of DARs under § 21.191(i)(1). Paragraph (b) Eligibility: Proposed an aircraft intended for certification A commenter stated that requiring an paragraph (b)(1) would have required with a special airworthiness certificate individual FAA inspection before issue that the registered owner of the aircraft in the light-sport category issue a of a special airworthiness certificate is provide the documentation listed in statement of compliance that identified unnecessary. The FAA disagrees. The paragraph (b). Upon further review, the the applicable pilot flight training FAA, through an aviation safety FAA realized that it was inappropriate manual and state that it would be made inspector or a designee, inspects all to require the registered owner, rather available to any interested person. The aircraft before issuing an airworthiness than the applicant for the airworthiness FAA is changing the term ‘‘flight certificate. An inspection is necessary to certificate, to submit this information. training manual’’ to ‘‘flight training establish a minimum level of safety for In many cases, the proposal may have supplement,’’ as this document is special light-sport aircraft. The resulted in the registered owner needing intended to supplement the aircraft’s inspection is a way of determining that

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the aircraft complies with the applicable stop all rulemaking activity until it does addition, in final rule paragraph (c)(4), consensus standard. As discussed a survey of manufacturers to determine the term ‘‘flight training manual’’ is above, an inspection may be performed how many would retroactively issue changed to ‘‘flight training by an appropriately authorized FAA statements of compliance for a special supplement.’’ This is being done to designee. airworthiness certificate. The FAA more clearly indicate that this document Another commenter wanted to know disagrees. The rule permits a supplements the aircraft operating if minimum equipment required under manufacturer to issue a statement of instructions. § 91.205 will apply to these aircraft. compliance for any aircraft Several commenters suggested that Section 91.205 only applies to powered manufactured prior to the effective date the manufacturer’s system for civil aircraft with standard category U.S. of the rule. Therefore, each monitoring and correcting unsafe airworthiness certificates. Instead, the manufacturer would make a business conditions comply with the consensus appropriate minimum equipment decision whether to issue a retroactive standard. The FAA agrees. The FAA requirements for specific categories and statement of compliance. intended that the continued classes of light-sport aircraft will be Several commenters recommended airworthiness system meet the established by the applicable consensus delaying the effective date of the rule consensus standard, as evidenced by standard. In addition, the operating until the consensus standards are including this requirement in § 1.1 rules in part 91 may establish specific issued. Several other commenters said under the definition of ‘‘consensus requirements for particular operations. the proposal should be re-opened for standard’’ in the proposed rule. See part 91 general issues discussion on comment when the consensus standards Proposed § 21.186(c)(6) would only minimum equipment. are developed. The FAA disagrees and have required that the manufacturer Another commenter recommended notes that there are adequate identify its system for monitoring and that the rule address alterations. The opportunities for the public to correcting safety-of-flight issues in the FAA agrees and is revising the participate in the development of the statement of compliance. The final rule, definition of ‘‘consensus standard’’ in consensus standards. Also, alternative under § 21.190(c)(5), requires that the § 1.1 to permit authorized alterations. consensus standards may be developed manufacturer’s continued airworthiness The FAA is also adding § 91.327(b)(5) and presented to the FAA for system comply with an identified and (b)(6) to better address repairs and consideration. Any consensus standards consensus standard. Additionally, the alterations. See the discussions of those accepted by the FAA will constitute one final rule clarifies that the process the sections. means, but not the only means, of manufacturer will use to monitor and A commenter questioned if complying with the rule. This is correct safety-of-flight issues will § 21.190(b) requires that the FAA discussed under the definition of include the issuance of safety directives. perform an inspection every time a ‘‘consensus standard’’ in § 1.1. Some commenters recommended that different wing is used or installed on a In the NPRM, under paragraph (c)(4) there be independent third-party audits powered parachute or weight-shift- (now (c)(3)), the FAA referred to a of manufacturer compliance with control aircraft. Owners of these types of ‘‘quality system.’’ This was intended to consensus standards, including those aircraft regularly change the wings to be consistent with other references to a dealing with monitoring of continued change the performance and ‘‘quality assurance system’’ in the operational safety. The FAA believes maneuverability of the aircraft. This NPRM. In the final rule, paragraph (c)(3) that the manufacturer’s statement of allows the aircraft to have different has been revised accordingly. compliance is appropriate for capabilities depending on what the Several commenters recommended determining whether a light-sport owner wants to do on the particular that the pilot operating handbook and aircraft meets the consensus standards. flight. The FAA does not consider an maintenance and aircraft operating Past experience with construction of inspection necessary each time a wing instructions comply with the consensus non-type-certificated aircraft that meet is installed or removed, if the different standard. The FAA agrees, and the final the definition of light-sport aircraft has wings have been inspected and rule, under § 21.190(c)(4), includes the not indicated a need for significant FAA authorized for installation on the light- requirement that both the aircraft oversight. The FAA accepts that a sport aircraft. If the manufacturer has operating instructions and maintenance manufacturer can participate in a authorized the installation of the and inspection procedures comply with system that includes voluntary third- different wings and the initial the consensus standard. As discussed party audits, but there is no requirement inspections have been done, the under § 1.1 above, the FAA is changing in this rule for these audits. The FAA changing of wings does not need to be the term ‘‘pilot operating handbook’’ to generally will not perform compliance inspected again for installation, except ‘‘aircraft operating instructions.’’ evaluations of these manufacturers. as part of the regular aircraft A few commenters recommended that Note that manufacturers will, however, maintenance. As discussed under part the pilot flight training manual be have to comply with any audit 45, the aircraft registration number must deleted from the list of items that need requirements defined in the consensus be placed on the fuselage, but is not to be submitted in proposed paragraph standards. required on the wing. Therefore, if the (c)(5) (now (c)(4)). The FAA disagrees. A commenter wanted the FAA to registration number is placed on the These commenters stated that this establish criteria for a third party to use wing, it must have the same registration information is normally provided by the to conduct compliance audits within number as the one placed on the FAA or another third party. The FAA industry standards. As stated above, the fuselage. The FAA notes that the agrees that a person other the FAA is not requiring third-party audits inspection requirement under manufacturer may develop this manual. of manufacturers. However, the § 21.190(b)(3) pertains to the issuance of However, the manufacturer must consensus standards may establish an airworthiness certificate only and not provide this manual if the aircraft model criteria for audits to be performed. to inspection after maintenance or is to be eligible for the special Another commenter states that FAA repair activities. airworthiness certificate in the light- oversight of the consensus standards is Paragraph (c) Manufacturer’s sport category because it provides not clear once the FAA has accepted statement of compliance: Two specific training information necessary them. The FAA agrees that more commenters recommended that the FAA for a make and model endorsement. In clarification is needed and has added

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more detail on FAA participation in aircraft has been physically imported certification in the country of consensus standards in § 1.1, as into the United States, the FAA is manufacture. Special light-sport aircraft discussed above. revising the term ‘‘imported light-sport imported into the United States may In proposed paragraph (c)(8), the FAA aircraft’’ to ‘‘light-sport aircraft meet other national certifications for proposed that the manufacturer test its manufactured outside the United which there may not be an equivalent in aircraft in accordance with a production States.’’ This change clarifies that an the United States. acceptance test procedure established in applicant for an airworthiness certificate The FAA is deleting proposed the consensus standard. The FAA is for an aircraft manufactured outside the paragraph (d)(3) that required that the modifying the final rule (now (c)(7)) to United States must provide the evidence civil aviation authority of the country of specify that these production and specified in paragraph (d) whenever an export to determine that the aircraft is acceptance test procedures include both application for an airworthiness in a condition for safe operation. This ground and flight tests. Production certificate under § 21.190 is made. In requirement is deleted because an acceptance tests are also discussed in addition, references to ‘‘import’’ and inspection by a foreign CAA is the definition of ‘‘consensus standard’’ ‘‘export’’ are removed, since the use of redundant. Special light-sport aircraft in § 1.1. these terms is redundant when referring will be inspected as part of the process Paragraph (d) Imported light-sport to bilateral agreements. for issuing an airworthiness certificate aircraft: A few commenters Proposed paragraph (d)(1) would have under paragraph (b)(3). recommended that manufacturers in required evidence that the imported other countries meet the same light-sport aircraft was manufactured in Changes consensus standards that the United a country with which the United States Paragraph (a): The FAA is changing States-manufactured aircraft must meet. had an agreement for import or export the paragraph caption of paragraph (a) Other commenters recommended that of that particular product. The FAA has to read ‘‘Purpose.’’ Elsewhere in the imported aircraft be issued a special determined that the proposed rule paragraph, the words ‘‘for sport and airworthiness certificate without language would unduly limit the recreation,’’ ‘‘flight training,’’ and meeting the consensus standards, if the number of exporting countries. To ease ‘‘rental’’ are deleted. country of origin considered the aircraft this restriction, the FAA has determined Paragraph (b): In paragraph (b)(1), the airworthy. The proposed rule would that the existence of a Bilateral term ‘‘a registered owner’’ is changed to have required all aircraft, regardless of Airworthiness Agreement (BAA) ‘‘an applicant,’’ and the word ‘‘submit’’ the country of manufacture, to meet a concerning airplanes or a Bilateral is changed to ‘‘provide.’’ consensus standard. This provision is Aviation Safety Agreement (BASA) with In paragraph (b)(1)(i) ‘‘applicable pilot retained in the final rule. This ensures associated Implementation Procedures operating handbook’’ is changed to ‘‘the a uniform level of safety for these for Airworthiness (IPA) concerning aircraft’s operating instructions.’’ aircraft, regardless of the country of airplanes, or equivalent airworthiness In paragraph (b)(1)(ii), ‘‘applicable manufacture. The FAA may accept a agreement, provides a suitable basis for maintenance and inspection consensus standard developed in issuing an airworthiness certificate for procedures’’ is changed to ‘‘the aircraft’s another country. aircraft manufactured outside the maintenance and inspection One commenter questioned whether United States. Any BAA, BASA with an procedures.’’ foreign-manufactured ultralights would IPA, or equivalent airworthiness The provisions of proposed be eligible for a special light-sport agreement concerning airplanes paragraphs (b)(1)(iv) and (v) are not aircraft airworthiness certificate, or between the country of export and the adopted. The intent of these provisions whether they would have to be United States is sufficient, even if the is now addressed in § 91.327. imported as experimental aircraft. As agreement does not address light-sport In the final rule, new paragraph stated in paragraph (d), foreign- aircraft. These agreements establish a (b)(1)(iv) states that an applicant must manufactured aircraft are eligible for a working history and relationship provide the FAA with ‘‘the aircraft’s special light-sport aircraft airworthiness between the countries, even though flight training supplement.’’ certificate. These aircraft must meet the light-sport aircraft may not be In paragraph (b)(2), ‘‘in the standard same eligibility requirements as U.S.- specifically addressed in the agreement. or primary category’’ is revised to manufactured aircraft and an applicant These bilateral agreements provide a include aircraft with restricted, limited, seeking a special airworthiness means by which the FAA could, if or provisional airworthiness certificates. certificate for a light-sport category necessary, seek assistance from the local Paragraph (c): The paragraph was aircraft must also submit a Civil Aviation Authority (CAA) on any reworded and reorganized for improved manufacturer’s statement of compliance. light sport aircraft problems dealing clarity as follows: The FAA notes that these aircraft must with production, continued Proposed paragraphs (c)(1) and (c)(2) not have been issued a foreign airworthiness, or other matters needing are combined so that (c)(1) now airworthiness certificate equivalent to a investigation or analysis. includes ‘‘the consensus standard U.S. standard, primary, restricted, Proposed paragraph (d)(2) would have used.’’ limited, or provisional airworthiness required evidence that the make and Proposed paragraph (c)(3) is certificate. A foreign-manufactured model of the aircraft manufactured redesignated as (c)(2) and revised with ultralight would, therefore, not outside of the United States is eligible no substantive change. necessarily have to be imported as an for an airworthiness certificate or flight Proposed paragraph (c)(4) is experimental aircraft. authority in the country of manufacture. redesignated as (c)(3) and revised. The The FAA notes that in the regulatory The final rule removes the words ‘‘make term ‘‘quality system’’ is changed to text of paragraph (d), references to and model.’’ As the provisions of the ‘‘quality assurance system.’’ ‘‘imported light-sport aircraft’’ are rule address specific aircraft, the use of Proposed paragraph (c)(5) is changed to ‘‘light-sport aircraft the term ‘‘make and model’’ is redesignated as (c)(4) and reorganized. manufactured outside the United redundant. The FAA is also adding the In addition, the term ‘‘applicable pilot States’’ Since a light-sport aircraft could words ‘‘or other similar certification’’ to operating handbook’’ is changed to be issued an airworthiness certificate in recognize additional methods of ‘‘aircraft operating instructions,’’ and the light-sport category long after the providing evidence of airworthiness ‘‘pilot flight training manual’’ is

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changed to ‘‘aircraft flight training operated under part 103, but can be been registered. The FAA intends to rely supplement.’’ used for flight training for compensation primarily on DARs to meet the initial Proposed paragraph (c)(6) is or hire under exemptions to part 103. need for issuing airworthiness redesignated as (c)(5) and is revised. Because these provisions affect the certificates on light-sport aircraft. The Paragraph (c)(5) now states that the operation, rather than the certification, FAA is working with industry to manufacturer will monitor and correct of the aircraft, the rule language develop procedures to ensure that safety-of-flight issues, rather than containing these provisions has been adequate numbers of DARs will be identify a document to that effect. The moved to § 91.319, and all comments available. The FAA will issue advisory paragraph also includes the requirement addressing this issue are discussed material on how to apply to be a DAR that the continued airworthiness system under that section. to certificate light-sport aircraft and how comply with the consensus standard As discussed in the following to get light-sport aircraft registered and and that the process to monitor and paragraphs, there were numerous certificated. correct safety-of-flight issues will comments on the certification of The FAA recognizes that a number of include the issuance of safety directives. existing two-seat ultralight vehicles. A administrative and resource challenges Proposed paragraph (c)(7) is few commenters also expressed concern will prevent the entire existing fleet of redesignated as (c)(6). over the certification of older unregistered ultralight-like aircraft from Proposed paragraph (c)(8) is unregistered ultralight-like aircraft. One being certificated on September 1, 2004. redesignated as (c)(7) and is reorganized commenter suggested that these The FAA expects registration and and revised. The paragraph now unregistered ultralight-like aircraft be certification to proceed as expeditiously includes the requirement that the ‘‘grandfathered’’ into the rule. Paragraph as circumstances permit once this final manufacturer will ground and flight test (i)(1) effectively allows grandfathering if rule becomes effective. the aircraft. the aircraft meets the requirements for The FAA proposed that if a person Paragraph (d): The paragraph heading the issuance of an experimental sought to have an aircraft certificated is changed from ‘‘Imported light-sport certificate, and is safe for operation as under § 21.191(i)(1) that did not meet aircraft’’ to ‘‘Light-sport aircraft a light-sport aircraft. There is no the definition of ‘‘ultralight vehicle’’ manufactured outside the United requirement that these aircraft meet a specified in part 103, that person would States.’’ consensus standard. Another have to apply to register the aircraft The words ‘‘imported,’’ ‘‘import,’’ and commenter stated that requiring that with the FAA not later than 24 months ‘‘export’’ are removed in the final rule, certain documents, such as operating after the effective date of the rule. Under and the words ‘‘manufactured outside instructions and inspection procedures the proposal, a person would then be the United States’’ are used. manuals, for certification of older required to have the aircraft inspected In the introductory text, the words unregistered ultralight-like aircraft by the FAA (or a designated ‘‘registered owner’’ are changed to would be a problem. Owners may no representative of the Administrator) and ‘‘applicant.’’ longer possess or be able to obtain these have an experimental light-sport Paragraph (d)(1) includes more documents. Paragraph (i)(1) has no certificate issued for the aircraft not specific language regarding the types of requirements that the applicant have later than 36 months after the effective international agreements that are any manufacturer documents in order to date of the final rule. required for aircraft manufactured be issued an airworthiness certificate. Under the final rule, the FAA is outside of the United States to be Several commenters stated that they revising § 21.191(i)(1) to remove certificated as special light-sport wanted to receive an experimental language that many believed would aircraft. certificate for their existing unregistered have allowed a person to operate an In paragraph (d)(2), the words ‘‘make ultralight-like aircraft without having to aircraft, which exceeds the parameters and model’’ are removed; the words meet the ‘‘51%–build’’ requirement for of an ultralight vehicle yet meets the ‘‘flight authority’’ are changed to ‘‘flight amateur-built aircraft. The ‘‘51%–build’’ definition of light-sport aircraft, without authorization;’’ and the words ‘‘other requirement applies only to amateur- registering that aircraft for a period of 24 similar certification’’ are added. built aircraft certificated under months. The FAA is also revising Proposed paragraph (d)(3) is deleted. § 21.191(g). There is no ‘‘51% build’’ § 21.191(i)(1) to avoid any implication requirement for existing unregistered that a person can operate these aircraft Section 21.191 Experimental ultralight-like aircraft that are for 36 months without an airworthiness Certificates certificated under § 21.191(i)(1). certificate. The revised language makes Paragraph (i) Operating light-sport Several commenters expressed clear the original intent of the proposal, aircraft: The proposed rule made several concern over the process of issuing which was that an experimental references to ‘‘for the purpose of sport airworthiness certificates for certificate will not be issued for an and recreation and flight training.’’ unregistered ultralight-like aircraft and aircraft under § 21.191(i)(1) after August These are not purposes related to the recommended measures to speed the 31, 2007. certification of light-sport aircraft, but process and prevent backlogs, such as The FAA notes that, except as are operational privileges and use of DARs. Another commenter specified in § 91.715, § 91.203(a) limitations. Therefore, all references to wanted to know if the FAA would allow prohibits a person from operating a civil ‘‘sport and recreation’’ or ‘‘flight representatives from private ultralight aircraft unless it has within it an training’’ are removed from this section organizations to be designated as appropriate and current airworthiness and addressed in the requirements for inspectors, as is done in Great Britain. certificate and a registration certificate operating limitations set forth in part 91. The FAA believes that after the effective (or application as per § 47.31(b)). Once Proposed § 21.191(i)(1) would have date of this final rule, a large number of an aircraft registration certificate has permitted a light-sport aircraft with an owners of existing two-seat ultralight- been issued by the FAA and received by experimental certificate to be used for like aircraft operating under training the applicant, a two-place training training for compensation or hire until exemptions will apply for an vehicle operated under an exemption to 36 months after the effective date of the experimental light-sport certificate. The part 103 is considered an aircraft. regulation. Currently, two-seat ultralight FAA believes that there are several Operation of the aircraft without an vehicles are not permitted to be thousand of these aircraft that have not airworthiness certificate is a violation of

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the provisions of § 91.203(a) and the Proposed paragraph (i)(2) addressed commenter asserts that the operator statutory provisions of 49 U.S.C. operating a light-sport aircraft that was could still engage in many of the 44711(a)(1). Preamble language assembled from an eligible kit. Proposed operations permitted for special light- contained in the notice may have misled § 21.0193(e)(5) stated that the assembler sport aircraft without meeting those some individuals operating under an of an aircraft, seeking certification under more stringent limitations. The FAA exemption to part 103 to believe that an paragraph (i)(2), had to provide the disagrees. Operating limitations aircraft could be operated without both instructions used to assemble the specified in § 91.319 for experimental a registration certificate and an aircraft. There was no requirement in light-sport aircraft certificated under airworthiness certificate or that an § 21.191(i)(2) that a person had to § 21.191(i)(3) are more restrictive than aircraft issued a registration certificate assemble the aircraft in accordance with the operating limitations issued to could be operated without an the manufacturer’s assembly special light-sport aircraft. airworthiness certificate. This instructions. In the final rule, therefore, The FAA is deleting the requirement impression may have been caused by § 21.191(i)(2) now includes the that aircraft certificated under using rule language that included a requirement that the aircraft kit be § 21.191(i)(2) be assembled without the compliance date based on making an assembled in accordance with the supervision and quality system of the application for a registration certificate manufacturer’s assembly instructions manufacturer. The FAA does not want and not reiterating both the regulatory that meet an applicable consensus to preclude individuals seeking and statutory requirement for an aircraft standard. certification of these aircraft under this to be issued an airworthiness certificate A commenter stated that experimental section from obtaining the assistance of before it can be operated. The FAA certificates should not be issued for the manufacturer. should not have stated in the notice that light-sport aircraft that are not intended In paragraph (i)(3), the FAA is if you currently operate an ultralight for experimental use but are intended to changing the reference to § 21.190 from vehicle under a training exemption and be mass-produced on production line. § 21.186. In addition, the words ‘‘sport have applied to the FAA for an aircraft The commenter said that the FAA and recreation and flight training’’ are registration, you would be allowed to should create another status for aircraft deleted. These limitations are addressed continue to operate under a training whose certification falls between in operating limitations specified in exemption until you are issued an current type-certificated aircraft and § 91.319. experimental, light-sport airworthiness true experimental aircraft. The FAA A few commenters wanted the FAA to certificate. The FAA strongly believes that the special light-sport amend § 39.1 to permanently relieve encourages those persons seeking aircraft certificate serves this purpose. experimental aircraft from airworthiness airworthiness certificates for light-sport In ‘‘experimental certificate,’’ the word directives. The FAA did not propose aircraft under 21.191(i)(1) to make the ‘‘experimental’’ indicates that there is this action in the NPRM and considers necessary arrangements to obtain no known standard for the design or it to be outside the scope of this rule. production of the aircraft. Therefore, the airworthiness certification to coincide Changes with the issuance of the aircraft’s FAA believes that experimental The proposed amendment to registration. Such action will minimize certificates are appropriate for kit-built paragraph (h) is adopted without the amount of time that these aircraft aircraft. The same commenter noted that change. cannot be legally operated. proposed § 21.191(i) would allow Paragraph (i) is changed by removing The FAA also notes that if an certification of aircraft carrying persons the words ‘‘for the purpose of sport and ultralight-like aircraft does not meet the for compensation or hire that have never recreation and flight training’’ definition of an ultralight vehicle been shown to meet any design or throughout. specified in part 103, or is not operated production airworthiness standard. The Paragraph (i)(1) is changed to state in accordance with the provisions of an FAA notes that these aircraft will not be that the paragraph applies to light-sport exemption under part 103 to conduct permitted to be used for the full range aircraft that have ‘‘not been issued an flight training, the aircraft can not be of compensation or hire operations airworthiness certificate under [part operated under part 91 until the aircraft normally carried out by aircraft with 21].’’ has been registered with the FAA and standard airworthiness certificates. In paragraph (i)(1), the references to an airworthiness certificate has been Operating limitations for these aircraft the time a person must apply for issued for the aircraft. Additionally, any will restrict their use, as specified in registration and receive an experimental person operating the aircraft must § 91.319. The commenter also stated certificate are removed and replaced possess a current and valid pilot that there is no rigid conformity with the sentence, ‘‘An experimental certificate. requirement for kit-built aircraft certificate will not be issued under this After reviewing the comments, the certificated under this section. The FAA paragraph for these aircraft after August FAA believes it is necessary to clarify disagrees and notes that an applicant 31, 2007.’’Also in paragraph (i)(1), the that only aircraft that have not been seeking to certificate a kit-built aircraft allowable period for which the aircraft previously issued U.S. or foreign under § 21.191(i)(2) must also comply may be used for compensation and hire airworthiness certificates are eligible for with § 21.193(e) and provide a statement for initial flight training was moved to the experimental light-sport certificate of compliance issued by the aircraft’s § 91.319. under § 21.191(i)(1). If an aircraft has manufacturer that contains the In paragraph (i)(2), the term ‘‘eligible previously been issued any information generally required by kit’’ is changed to ‘‘aircraft kit,’’ and a airworthiness certificate under part 21, § 21.190(c). The commenter was also reference to § 21.193(e) is included to it is not eligible for an experimental concerned that an operator of a special clarify what constitutes an eligible kit. light-sport certificate under light-sport aircraft could decide to The paragraph is also changed to specify § 21.191(i)(1). Language has been added obtain an experimental light sport that the aircraft must be assembled in to § 21.191(i)(1) in the final rule to certificate when that operator no longer accordance with the manufacturer’s reflect his intent. Also see the intends to comply with the more assembly instructions that meet discussion above, ‘‘III.5.A. Comments stringent operating limitations of the applicable consensus standards. In on Ultralight Vehicles.’’ special light-sport aircraft. The addition, the requirement that the kit be

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assembled without the supervision and the applicable international agreements. maintenance and inspection quality system of the manufacturer is See discussion of § 21.190(d). procedures.’’ deleted. Proposed paragraph (e)(5) would have Paragraph (e)(4) is revised for clarity In paragraph (i)(3), the FAA is required that the assembler of a kit and to correct references to § 21.190 changing the reference to § 21.190 from aircraft provide the assembly (which was proposed as § 21.186). Also, § 21.186. In addition, the words ‘‘sport instructions. This requirement has been the paragraph is modified to require that and recreation and flight training’’ are removed; however, § 21.191(i)(2) has assembly instructions must meet an deleted. been changed to require that these applicable consensus standard. aircraft be assembled in accordance The provisions of proposed paragraph Section 21.193 Experimental with the manufacturer’s assembly (e)(5) are not adopted. Instead, its Certificates: General instructions that meet an applicable provisions have been revised and placed One commenter suggested that the consensus standard. Under that section, in § 21.191(i)(2). proposal would not permit a the FAA does not specifically require In the final rule, new paragraph (e)(5) manufacturer to produce only kits. The that an applicant submit manufacturer’s adds the requirement to provide the FAA disagrees. The rule does not assembly instructions; however, it may aircraft flight training supplement. contain such a limitation. As proposed, be necessary for the applicant to present Proposed paragraph (e)(6) is revised to the manufacturer is required to those instructions to show that the kit include more specific language manufacture and assemble at least one was assembled in accordance with those regarding the types of international complete aircraft of each make and instructions. agreements that are required for an model before an airworthiness The FAA has added new experimental light-sport aircraft to be certificate is issued for a kit-built § 21.193(e)(5) to the final rule to require certificated from an aircraft kit aircraft under § 21.191(i). The aircraft that the assembler of a kit aircraft manufactured outside the United States. assembled by the manufacturer must provide the aircraft flight-training V.3. Part 43—Maintenance, Preventive have been issued a special light-sport supplement. This is to assure that the Maintenance, Rebuilding, and airworthiness certificate. This provides assembler, who must operate and test Alteration evidence that the aircraft meets an the aircraft according to the applicable consensus standard. manufacturer’s instructions as part of V.3.A. Part 43—General Issues Other commenters recommended that the assembly process, is aware of any The NPRM proposed to give the FAA clarify what an applicant must flight-training requirements that the repairmen (light-sport aircraft) the provide to the FAA to show that the kit- manufacturer may specify. This authority to work on special light-sport built light-sport aircraft was assembled document should also identify the set of aircraft without complying with part 43. in accordance with the manufacturer’s aircraft to which the individual aircraft The proposal was based on the three instructions. The FAA agrees and has belongs. This is consistent with factors—(1) special light-sport aircraft made changes to the final rule in requirements for a ready-to-fly aircraft would be very basic in design and response to these comments. The under § 21.190(b)(1). construction; (2) these aircraft, and parts changes to § 21.191(i)(2) mentioned A few commenters requested direct installed on them, would not be FAA above require the applicant to provide assistance from the FAA in the assembly approved; and (3) work could be evidence that the aircraft was assembled and certification of their specific performed on these aircraft under in accordance with the manufacturer’s aircraft. This is outside the scope of operating limitations that would contain assembly instructions and that the rulemaking. The FAA does not assist provisions similar to part 43. The assembly instructions meet an persons in the assembly of aircraft. The proposal would have required applicable consensus standard. FAA will, however, respond to maintenance on these aircraft to be One commenter questioned the need questions regarding the certification of performed in accordance with operating for the requirement that a registered aircraft. limitations. This parallels the current owner provide evidence that an Additionally, the FAA received requirement to have annual condition imported aircraft kit was manufactured comments pertaining to the construction inspections on experimental amateur- in a country with which the United of kit-built light-sport aircraft and the built aircraft performed in accordance States had an agreement for its import FAA’s control of kit manufacturers. The with the aircraft’s operating limitations. or export. The commenter noted that FAA provides for the safety of the kit- Several commenters expressed kit-built aircraft would be classified as built aircraft through the inspection of concern that there would be a experimental light-sport aircraft under the assembled aircraft prior to issuing degradation of safety by excepting the rule. The FAA disagrees. Kit-built an experimental certificate. Each kit- special light-sport aircraft from part 43 experimental light-sport aircraft built aircraft is inspected prior to maintenance performance standards and certificated under § 21.191(i)(2) must certification. An aircraft that is not in a recording requirements. One commenter comply with consensus standards. The condition for safe operation will not be specifically expressed concerns that FAA believes that all aircraft designed issued an experimental certificate. safety would be compromised without a to a consensus standard must be maintenance standard and wanted part Changes manufactured in a country with which 43 to be required, or equivalent the United States has a BAA, BASA In paragraph (e), ‘‘registered owner’’ is standards included in the aircraft with an IPA concerning airplanes, or changed to ‘‘applicant.’’ operating limitations. The FAA agrees equivalent airworthiness agreement, Paragraph (e)(1) is revised for clarity and is changing the rule to require regardless of whether the aircraft is a kit with no substantive change. maintenance to be performed in or a completed aircraft. The requirement In paragraph (e)(2), ‘‘applicable pilot accordance with part 43 for reasons in § 21.193(e)(6) is similar to that operating handbook’’ is changed to ‘‘the described below. These requirements imposed under § 21.190(d). The aircraft operating instructions.’’ will apply to repairmen, repair stations, requirement specified in § 21.193(e)(6) In paragraph (e)(3), ‘‘applicable or mechanics when performing and is retained and modified in a manner maintenance and inspection recording work on special light-sport similar to § 21.190(d) to better describe procedures’’ is changed to ‘‘the aircraft aircraft.

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After reviewing public comments on on a special light-sport aircraft will not proposed language stating that part 43 the definition of ‘‘light-sport aircraft’’ in need to— would not apply to any aircraft issued § 1.1, the FAA is increasing the takeoff • Use the repair and alteration form a special airworthiness certificate in the weight of light-sport aircraft to allow (FAA Form 337) required by §§ 43.5(b) light-sport category. incorporation of more reliable FAA- and 43.9 (d); In addition, paragraph (d) is added to approved type-certificated engines and • Use the list of major repairs and create exceptions for major repairs and propellers. As a result of that change, major alterations in part 43, appendix A, major alterations performed on products the FAA anticipates that type- sections (a) and (b) to determine what not produced under an FAA approval certificated engines and propellers will constitutes a major repair or major installed on special light-sport aircraft. be installed on special light-sport alteration; or If the parts are produced under an FAA aircraft, the majority of which will be • Record major repairs and major approval, the exceptions in paragraph used for flight training and rental. alterations as prescribed in part 43, (d) do not apply. The FAA wants to encourage the use appendix B. Changes of these type-certificated products, as The use of Form 337 is not required they will enhance safety and reliability because special light-sport aircraft will The introductory text of paragraph (a) of special light-sport aircraft. This be built to a consensus standard is amended to include a reference to the change necessitates more clearly ‘‘accepted’’ by the FAA, but not exception established by new paragraph established maintenance performance ‘‘approved’’ by the FAA. Since data (d). and recording procedures, in part to used to comply with the consensus Paragraph (b) is revised to remove the address work that may be performed to standard will be accepted design data proposed exception for special light- satisfy ADs issued on products installed only, the FAA will not require the use sport aircraft. Paragraph (d) is added to address the on these aircraft. of approved data for major repairs or performance of major repairs and major The need to perform and record major alterations, nor will the FAA alterations on special light-sport aircraft. maintenance on these aircraft in require the use of a form that requires accordance with part 43 was highlighted the listing of ‘‘approved’’ data for a Section 43.3 Persons Authorized To when, on September 3, 2002, the FAA major repair or major alteration of a Perform Maintenance, Preventive issued Airworthiness Directive 2002– special light-sport special aircraft. The Maintenance, Rebuilding, and 16–07 on Bombardier-Rotax 912 and FAA expects that the consensus Alterations 914 series type-certificated engines. standards will address the identification As stated above, § 43.1 now includes These engines may be used on and recording of major repairs and maintenance performance and recording ultralight-like aircraft used for flight major alterations for each category of requirements for special light-sport training and amateur-built aircraft, the light-sport aircraft. aircraft. In § 43.3, paragraph (c) is kinds of aircraft that may fall within the For major repairs and major revised to allow repairmen to perform weight, speed, and two-seat occupancy alterations performed on FAA-approved alterations as provided in part 65. This parameters of light-sport aircraft. The products installed on special light-sport change is being made because part 65 AD demonstrates that it is reasonable to aircraft, the recording requirements to has been revised to permit repairmen expect that some special light-sport document major repairs and major (light-sport aircraft) to perform aircraft used for training and rental will alterations in part 43 will apply. alterations on special light-sport aircraft. be subject to ADs. Another commenter expressed Also, § 43.3(g) is revised to allow the Generally, the changes in this rule concern that communication and holder of a sport pilot certificate to require compliance with §§ 43.9, 43.12, navigation equipment required by part perform preventive maintenance on and 43.13. Repairmen performing 91 would not be adequately maintained. special light-sport aircraft, if he or she maintenance and pilots performing The FAA agrees this kind of equipment owns or operates the aircraft. preventive maintenance on light-sport should be maintained in accordance The new maintenance privileges for special aircraft will be held to the with part 91 and the applicable sport pilots and repairmen (light-sport following: provisions of part 43 and these aircraft) do not extend to work • The recording requirements in requirements are now reflected in the performed on type-certificated aircraft § 43.9 for maintenance; rule. that meet the definition of light-sport • The falsification and alteration of Several commenters wanted part 43 to aircraft. Sport pilots and repairmen records prohibitions in § 43.12; and be amended to allow sport pilots to (light-sport aircraft) will not be • The performance requirements in perform preventive maintenance as permitted to perform preventive § 43.13, which requires the repairman defined in part 43. The FAA agrees that maintenance and maintenance on type- and pilot to do the work in accordance sport pilots should be permitted to certificated aircraft. This decision is with the manufacturer’s instructions perform preventive maintenance on based on the fact that they do not have and states that the work performed must certain light-sport aircraft. Therefore the same level of experience as persons be done in a way that the aircraft § 43.3 is revised to permit sport pilots to who currently perform maintenance and condition is equal to its original or perform preventive maintenance, but preventive maintenance on type properly altered condition. only on special light sport aircraft the certificated aircraft. The FAA believes Other sections of part 43 are changed pilot owns and operates. the amount of training required under to address the newly created sport pilots V.3.B. Part 43—Section-by-Section this rule for sport pilots and repairmen and repairmen (light-sport aircraft) Discussion (light-sport aircraft) is not sufficient to under §§ 43.9, 43.12, and 43.13. These permit them to sign off maintenance- Section 43.1 Applicability changes will permit these persons to related tasks on more complicated type- perform maintenance in accordance The FAA’s response to comments certificated aircraft and this lack of with the provisions of part 43; however, regarding the applicability of part 43 to training would create additional safety a person performing work equivalent to light sport aircraft are addressed in the concerns. a major repair or a major alteration on discussion above. In the final rule, The FAA wants to make it clear that, a non-FAA-approved product installed paragraph (b) is revised to remove while an appropriately rated sport pilot

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may fly a type-certificated aircraft that aircraft) with a maintenance rating to is taking this opportunity to revise the meets the definition of light-sport approve an aircraft certificated as a heading of § 43.9 and paragraph (c) to aircraft, only certificated airframe and special light-sport category aircraft for remove the reference to part 123, which powerplant mechanics with inspection return to service. This includes no longer exists. authorization and appropriately rated approving both special and Changes repair stations must conduct the annual experimental light-sport aircraft for inspection and ensure compliance with return to service after the performance The heading for § 43.9 is revised to ADs and other inspections required to of either an annual condition inspection remove the reference to part 123. maintain a standard airworthiness or a 100-hour inspection. It also In paragraph (a), the concluding text certificate or other special airworthiness includes approving a special light-sport (beginning with the words, ‘‘In addition certificate issued to a type certificated aircraft for return to service after to the entry required * * * ’’) is aircraft. maintenance is performed on that designated as a new paragraph (d). In Some commenters expressed aircraft. addition, the words, ‘‘required by this confusion over what the term Paragraph (h) is added to allow the paragraph’’ are changed to ‘‘required by ‘‘preventive maintenance’’ means. As holder of a sport pilot certificate to paragraph (a) of this section.’’ defined in § 1.1, preventive approve a special light-sport aircraft for In paragraph (c), the reference to part maintenance means ‘‘...simple or minor return to service after performance of 123 is removed. preservation operations and the preventive maintenance as authorized V.4. Part 45—Identification and replacement of small standard parts not in § 43.3(g). Registration Marking involving complex assembly For reasons similar to those discussed operations.’’ Preventive maintenance under § 43.3, light-sport aircraft Section 45.11 General operations are listed in appendix A of manufactures are not authorized to Although not proposed in the NPRM, part 43. As the term pertains to special approve aircraft for return to service, the FAA is including an amendment to light-sport aircraft, preventive unless otherwise certificated. § 45.11 in the final rule. The change is maintenance may be performed by the Changes necessary because current § 45.11 sets holder of at least a sport pilot certificate. forth a requirement that an aircraft’s That aircraft must be owned or operated Paragraphs (g) and (h) are added to identification plate must be secured by that pilot and the work must be § 43.7 as discussed above. either adjacent to and aft of the rearmost performed in accordance with the Section 43.9 Content, Form, and entrance door or on the fuselage surface performance rules specified in § 43.13. Disposition of Maintenance, Preventive near the tail surfaces. Powered Experimental aircraft do not meet a Maintenance, and Alterations Records parachutes and weight-shift-control recognized standard for certification, (Except Inspections Performed in aircraft have neither entrance doors or and the FAA has not imposed the Accordance With Part 91, Part 125, tail surfaces. Therefore, the FAA is maintenance rules in part 43 for the § 135.411(a)(1), and § 135.419 of This adding an exception in a new paragraph continuing airworthiness of these Chapter) (e) to address powered parachutes and aircraft. Therefore, the limitations on weight-shift-control aircraft. Section 43.9 is amended and the performance of preventive Identification plates on these aircraft reorganized for clarity. In the final rule, maintenance in part 43 do not apply, may be secured to the aircraft fuselage the FAA is adding a new paragraph (d) and experimental aircraft may have exterior so that they are legible to a using the language presently at the end preventive maintenance performed by person on the ground. any individual. of paragraph (a) (beginning with the Light-sport aircraft manufacturers are words ‘‘In addition to the entry required Changes not included in the list of persons ***’’). This new paragraph contains Paragraph (a) is amended to add a authorized to perform maintenance, the obligation for persons who perform reference to the exception in new preventive maintenance, rebuilding or major repairs and major alterations on paragraph (e). alterations, or approve an aircraft for type-certificated aircraft to record that Paragraph (e) is added, as discussed return to service, because they are not work as prescribed in appendix B to above. required to hold an FAA-issued part 43. As stated above, the FAA will The changes were not proposed. production approval or repair station not require that major repairs and major alterations on non-FAA-approved Section 45.23 Display of Marks; certificate. This lack of FAA General certification does not prevent the products installed on an aircraft manufacturer from having FAA- certificated as a special light-sport Section 45.23(b) sets forth the general certificated persons on its staff who are category aircraft meet these requirements for displaying registration authorized to perform maintenance and requirements. New paragraph (d) is marks (‘‘N’’ numbers) on an aircraft, as inspection functions. being established to facilitate the well as other display markings for other exception specified in § 43.1(d)(1), types of aircraft. Although not originally Changes which states that the repair or alteration included in the proposed rule, the FAA Paragraphs (c) and (g) of § 43.3 are form specified in this section is not is adopting a revision to § 45.23(b) to revised in the final rule as discussed required to be completed when work is respond to commenters’ requests that above. performed on a non-FAA-approved light-sport aircraft have additional product. Major repairs and major markings identifying them as light-sport Section 43.7 Persons Authorized To alterations performed on FAA-approved aircraft similar to other marking Approve Aircraft, Airframe, Aircraft products must still meet the recording requirements for experimental aircraft. Engines, Propellers, Appliances, or requirements in part 43. For a complete This change to § 45.23 adds the Component Parts for Return to Service discussion, see ‘‘V.3.A. Part 43—General requirement for special light-sport After Maintenance, Preventive Issues’’ above. aircraft certificated under § 91.190 to Maintenance, Rebuilding, or Alteration In addition, although not related to include the mark ‘‘light-sport.’’ The In § 43.7, paragraph (g) is added to the amendments for the recording major FAA emphasizes that aircraft having a enable the repairman (light-sport repairs and major alterations, the FAA standard airworthiness certificate that

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meet the definition of a light-sport will allow markings on the wings or smaller than those required for other aircraft are not required to have the canopy if the operator wants to place certificated aircraft. The FAA will mark ‘‘light-sport’’ displayed on the them there; however, they will not be continue to require that all registered aircraft. Aircraft that are required to be required. As discussed above, the aircraft display at least 3-inch-high marked ‘‘experimental’’ also are not markings are required on the fuselage. markings. required have the mark ‘‘light-sport’’ This allows the interchanging of wings Some commenters wanted all light- displayed on the aircraft. without having to have the wings and sport aircraft to display 12-inch the fuselage recertificated as one unit markings, regardless of the type of Changes each time they are changed. aircraft. The FAA disagrees that all Paragraph (b) is revised to add light- light-sport aircraft must display such Changes sport aircraft to the list of other aircraft marks. While most aircraft are required to which the section applies. This In paragraph (e), the words ‘‘on any to display 12-inch-high marks, part 45 amendment was not proposed. structural member or airfoil’’ have been allows for certain types of aircraft and changed to ‘‘on any fuselage structural Section 45.27 Location of Marks; experimental aircraft with airspeeds member.’’ Nonfixed-Wing Aircraft under 180 knots CAS to display 3-inch- Section 45.29 Size of Marks high marks. The size and speed of light- The FAA received several comments sport aircraft does not necessitate the on the where marks should be located Some commenters suggested that the display of marks of a size more on non-fixed-wing aircraft. Some rule allow experimental light-sport appropriate for larger and faster aircraft. commenters recommended that the FAA aircraft to use 1.5-inch-high markings require powered parachute owners to instead of 3-inch-high markings already Changes place markings on the airframe and not required for most similar types of The proposed rule is adopted without the airfoil. One commenter requested aircraft. These commenters noted that change. that markings be required on gas tanks. because some light-sport aircraft are Another commenter wanted to be able constructed using narrow tubular metal V.5. Part 61—Certification: Pilots, to ‘‘swap out’’ the wings on weight- spars to form the aircraft’s fuselage, Flight Instructors, and Ground shift-control aircraft, as they have there is not sufficient area on the side Instructors multiple wings that attach directly to of such aircraft to display 3-inch-high V.5.A. Part 61—General Issues one powered fuselage unit, and it only markings. The FAA disagrees with these takes minutes to change them. The FAA observations. Aircraft that do not have V.5.A.i. SFAR No. 89 Conversion Table believes that all of these commenters’ the required surface area for the display As discussed above, the FAA concerns can be addressed by requiring of the required 3-inch-high markings proposed the sport pilot certification that the markings be placed on the may be modified easily to be in provisions as Special Federal Aviation fuselage, as that is a permanent compliance with this requirement Regulation (SFAR) No. 89. Those structure of these aircraft. The FAA has through the installation of a plate on the provisions now have been incorporated revised the rule language accordingly. side of the aircraft large enough to into the main body of part 61. Please use Another commenter requested that accommodate the required markings. the chart below to determine how the marks be required on the wing or the The FAA does not believe that the SFAR section numbers correspond to canopy, as is done in Europe. The FAA markings for these aircraft should be part 61 section numbers.

SFAR section Part 61 section

1. What is the purpose of this SFAR? ...... § 61.1 Applicability and definitions. § 61.301 What is the purpose of this subpart? § 61.401 What is the purpose of this subpart? § 61.213 Eligibility requirements. § 61.215 Ground instructor privileges. 3. When am I eligible for a certificate under this SFAR? ...... Existing § 61.83, Eligibility requirements for student pilots, contains the same requirements as the proposed rule. § 61.305 What are the age and language requirements for a sport pilot certificate? § 61.403 What are the age, language, and pilot certificate require- ments for a flight instructor certificate with a sport pilot rating? 5. Does this SFAR expire? ...... Not adopted in final rule. 7. Does a sport pilot certificate issued under this SFAR expire? Existing § 61.19, Duration of pilot and instructor certificates, contains the same requirements as the proposed rule. 9. What is a light-sport aircraft? ...... § 1.1 General definitions. 11. Who is an authorized instructor? ...... Existing § 61.1, Applicability and definitions, contains the same require- ments as the proposed rule. 13. Do regulations other than those contained in this SFAR apply to a § 61.303 If I want to operate a light-sport aircraft, what operating lim- sport pilot? its and endorsement requirements in this subpart must I comply with? 15. Must I hold an airman medical certificate? ...... § 61.3 Requirement for certificates, ratings, and authorization. § 61.23 Medical certificates: Requirement and duration. 17. Am I prohibited from operating a light-sport aircraft if I have a med- § 61.53 Prohibition on operations during medical deficiency? ical deficiency? Student Pilot Certificate to Operate Light-Sport Aircraft 31. How do I apply for a student pilot certificate to operate light-sport Existing § 61.85, Application, contains the same requirements as the aircraft? proposed rule. 33. (a), (b), and (c): What solo requirements must a student pilot oper- § 61.87 Solo requirements for student pilots. ating light-sport aircraft meet?

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SFAR section Part 61 section

33. (d), (e), and (f): What solo requirements must a student pilot oper- § 61.93 Solo cross-country flight requirements. ating light-sport aircraft meet? 35. Are there any limits on how a student pilot may operate a light- § 61.89 General limitations. sport aircraft? § 61.23 Medical certificates: Requirement and duration. 37. How do I obtain privileges to operate in Class B, C, or D airspace § 61.94 Student pilot seeking a sport pilot certificate or recreational and at an airport located in Class B, C, or D airspace? pilot certificate: Operations at airports within, and in airspace within, Class B, C, and D airspace, or at airports with an operational control tower in other airspace. Sport Pilot Certificate 51. What aeronautical knowledge must I have to apply for a sport pilot § 61.309 What aeronautical knowledge must I have to apply for a certificate? sport pilot certificate? 53. What flight proficiency requirements must I meet to apply for a § 61.311 What flight proficiency requirements must I meet to apply for sport pilot certificate? a sport pilot certificate? 55. What aeronautical experience must I have to apply for a sport pilot § 61.313 What aeronautical experience must I have to apply for a certificate? sport pilot certificate? 57. What tests do I have to take to receive a sport pilot certificate? ...... § 61.307 What tests do I have to take to obtain a sport pilot certifi- cate? 59. Will my sport pilot certificate list light-sport aircraft category and § 61.317 Is my sport pilot certificate issued with aircraft category and class ratings? class ratings? 61. May I operate all categories, classes, and makes and models of § 61.303 If I want to operate a light-sport aircraft, what operating lim- light-sport aircraft with my sport pilot certificate? its and endorsement requirements in this subpart must I comply with? § 61.319 Can I operate a make and model of aircraft other than the make and model aircraft for which I have received an endorsement? 63. How do I obtain privileges to operate an additional category or § 61.321 How do I obtain privileges to operate an additional category class of light-aircraft? or class of light-sport aricraft? 65. How do I obtain privileges to operate an additional make and § 61.323 How do I obtain privileges to operate a make and model of model of light-sport aircraft? light-sport aircraft in the same category and class within a different set of aircraft? 67. Must I carry my logbook with me in the aircraft? ...... § 61.51 Pilot logbooks. Privileges and Limits of Holders of a Sport Pilot Certificate 71. What type of aircraft may I fly if I hold a sport certificate? § 61.303 If I want to operate a light-sport aircraft, what operating lim- its and endorsement requirements in this subpart must I comply with? 73. What are my limits for the operation of light-sport aircraft? ...... § 61.315 What are the privileges and limits of my sport pilot certifi- cate? 75. May I demonstrate an aircraft in flight to a prospective buyer? ...... § 61.315 What are the privileges and limits of my sport pilot certifi- cate? Paragraph (c)(9). 77. May I carry a passenger? ...... § 61.315 What are the privileges and limits of my sport pilot certifi- cate? 79. May I share operating expenses of a flight with a passenger? § 61.315 What are the privileges and limits of my sport pilot certifi- cate? Paragraph (b). 81. How do I obtain privileges to operate in Class B, C, or D airspace? § 61.325 How do I obtain privileges to operate a light-sport aircraft at an airport within, or in airspace within, Class B, C, and D airspace, or in other airspace with an airport having an operational control tower? 83. How do I obtain privileges to operate a light-sport aircraft that has a § 61.327 How do I obtain privileges to operate a light-sport aircraft VH greater than 87 knots CAS? that has a VH greater than 87 knots CAS? Transitioning to a Sport Pilot Certificate 91. How do I obtain a sport pilot certificate if I already hold at least a § 61.303 If I want to operate a light-sport aircraft, what operating lim- private pilot certificate issued under 14 CFR part 61? its and endorsement requirements in this subpart must I comply with? 93. How do I obtain a sport pilot certificate if I do not hold a pilot certifi- § 61.52 Use of aeronautical experience obtained in ultralight vehicles. cate issued under 14 CFR part 61, but I have been flying ultralight § 61.329 Are there special provisions for obtaining a sport pilot certifi- vehicles under 14 CFR part 103? cate for persons who are registered ultralight pilots with an FAA-rec- ognized ultralight organization? 95. How do I obtain a sport pilot certificate if I don’t hold a pilot certifi- Subpart J—Sport Pilots establishes all requirements. cate and have never flown an ultralight vehicle? Flight Instructor Certificate With a Sport Pilot Rating 111. Must I hold an airman medical certificate? ...... § 61.3 Requirement for certificates, ratings, and authorizations. § 61.23 Medical certificates: Requirement and duration. 113. What aeronautical knowledge requirements must I meet to apply § 61.407 What aeronautical knowledge must I have to obtain a flight for a flight instructor certificate with a sport pilot rating? instructor certificate with a sport pilot rating? 115. What training must I have in areas of operation to apply for a § 61.409 What flight proficiency requirements must I meet to apply for flight instructor certificate with a sport pilot rating? a flight instructor certificate with a sport pilot rating? 117. What aeronautical experience must I have to apply for a flight in- § 61.411 What aeronautical experience must I have to apply for a structor certificate with a sport pilot rating? flight instructor certificate with a sport pilot rating? 119. What tests do I have to take to get a flight instructor certificate § 61.405 What tests do I have to take to obtain a flight instructor cer- with a sport pilot rating? tificate with a sport pilot rating? 121. What records do I have to keep and for how long? § 61.423 What are the recordkeeping requirements for a flight instruc- tor with a sport pilot rating?

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SFAR section Part 61 section

123. Will my flight instructor certificate with a sport pilot rating list light- § 61.417 Will my flight instructor certificate with a sport pilot rating list sport aircraft category and class ratings? aircraft category and class ratings? 125. Am I authorized to provide training in all categories and classes of § 61.413 What are the privileges of my flight instructor certificate with light-sport aircraft with my flight instructor certificate with a sport pilot a sport pilot rating? rating? § 61.415 What are the limits of a flight instructor certificate with a sport pilot rating? 127. How do I obtain privileges to provide flight training in an additional § 61.419 How do I obtain privileges to provide training in an additional category or class of light-sport aircraft? category or class of light-sport aircraft? 129. How do I obtain privileges authorizing me to provide flight training Not adopted in final rule. in an additional make and model of light-sport aircraft? 131. Do I need to carry my logbook with me in the aircraft? § 61.51 Pilot logbooks. 133. What privileges do I have if I hold a flight instructor certificate with § 61.413 What are the privileges of my flight instructor certificate with a sport pilot rating? a sport pilot rating? 135. What are the limits of a flight instructor certificate with a sport pilot § 61.52 Use of aeronautical experience obtained in ultralight vehicles. rating? § 61.415 What are the limits of a flight instructor certificate with a sport pilot rating? 137. Are there any additional qualifications for training first-time flight § 61.415 What are the limits of a flight instructor certificate with a instructor applicants? sport pilot rating? 139. May I give myself an endorsement? ...... § 61.421 May I give myself an endorsement? Transitioning to a Flight Instructor Certificate With a Sport Pilot Rating 151. What if I already hold a flight instructor certificate issued under 14 § 61.429 May I exercise the privileges of a flight instructor certificate CFR part 61 and want to exercise the privileges of a flight instructor with a sport pilot rating if I hold a flight instructor certificate with an- certificate with a sport pilot rating? other rating? 153. What if I am only a registered ultralight instructor with an FAA-rec- § 61.52 Use of aeronautical experience obtained in ultralight vehicles ognized ultralight organization? § 61.431 Are there special provisions for obtaining a flight instructor certificate with a sport pilot rating for persons who are registered ultralight instructors with an FAA-recognized ultralight organization? 155. What if I’ve never provided flight or ground training in an aircraft Subpart K—Flight Instructors with a Sport Pilot Rating establishes all or an ultralight vehicle? requirements. Pilot Logbooks 171. How do I log training time and aeronautical experience? ...... § 61.51 Pilot logbooks. 173. How do I log pilot-in-command flight time? ...... § 61.51 Pilot logbooks. 175. May I use training time and aeronautical experience logged as a § 61.51 Pilot logbooks. sport pilot toward a higher certificate or rating issued under 14 CFR § 61.52 Use of aeronautical experience obtained in ultralight vehicles. part 61? 177. May I credit training time and aeronautical experience logged as § 61.52 Use of aeronautical experience obtained in ultralight vehicles. an ultralight operator toward a sport pilot certificate? 179. May I use aeronautical experience I got as the operator of an § 61.52 Use of aeronautical experience obtained in ultralight vehicles. ultralight vehicle to meet the requirements for a higher certificate or rating issued under 14 CFR part 61? Recent Flight Experience Requirements for a Sport Pilot Certifi- cate or a Flight Instructor Certificate With a Sport Pilot Rating 191. What recent flight experience requirements must I meet for a Existing § 61.57 contains the same requirements as the proposed rule. sport pilot certificate? 193. What are the flight review requirements for a sport pilot certifi- Existing § 61.56 contains the same requirements as the proposed rule. cate? 195. How do I renew my flight instructor certificate? ...... § 61.425 How do I renew my flight instructor certificate? 197. What must I do if my flight instructor certificate with a sport pilot § 61.427 What must I do if my flight instructor certificate with a sport rating expires? pilot rating expires? Ground Instructor Privileges 211. What are the eligibility requirements for a ground instructor certifi- § 61.213 Eligibility requirements. cate? 213. What additional privileges do I have if I hold a ground instructor § 61.215 Ground instructor privileges. certificate with a basic ground instructor rating? 215. What additional privileges do I have if I hold a ground instructor § 61.215 Ground instructor privileges. certificate with an advanced ground instructor rating?

V.5.A.ii. Medical Provisions license or a current and valid airman a flight instructor certificate with a sport medical certificate issued under part 67. pilot rating and acting as pilot in Under Section 15 of SFAR No. 89, the These provisions, as revised in the final command of a light-sport aircraft other FAA proposed to require sport pilot rule, are located under §§ 61.3, 61.23, than a glider or balloon, to hold and certificate holders; student pilots and 61.303 in the operating rules where possess a current and valid U.S. driver’s operating within the limitations of a medical certificate requirements for all license or a current and valid airman sport pilot certificate; and higher-rated pilots are found. medical certificate issued under part 67. pilots who elect to exercise only sport Under Section 111 of SFAR No. 89, These provisions, as revised in the final pilot privileges to hold and possess the FAA proposed to require rule, are located under §§ 61.3 and 61.23 either a current and valid U.S. driver’s individuals exercising the privileges of in the operating rules where medical

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certificate requirements for all flight In addition, the FAA has determined older pilots no longer qualifying for an instructors are found. that the rule should explicitly provide airman medical certificate to continue Under Section 17 of SFAR No. 89, the that a pilot may not use a current and flying. In addition, commenters FAA set forth circumstances under valid U.S. driver’s license in lieu of a indicated that operators of light-sport which a medical deficiency would valid airman medical certificate if the aircraft are less likely to jeopardize the preclude operators from exercising sport pilot knows or has reason to know of safety of surrounding individuals than pilot privileges. In the final rule, these any medical condition that would make motorists driving vehicles on public provisions are located under § 61.53 that person unable to operate a light- roadways. Commenters indicated that where medical deficiency provisions are sport aircraft in a safe manner. This driving a motor vehicle is often more found. These provisions are also found reiterates the requirement of § 61.53, but demanding and stressful than piloting in §§ 61.23 and 61.303. ensures that a person using a driver’s an aircraft and that the overall incidence Comments received on the proposed license to exercise sport pilot privileges of crashes related to medical medical provisions were mainly focuses on it. This does not require a incapacitation is very low. According to supportive. A minority of commenters pilot to qualify for an airman medical commenters, most pilots are opposed the rule. Several commenters, certificate, but if an individual has any conscientious enough to take their own however, raised questions or offered question about his or her medical health into consideration when making other alternatives. Some requested that capacity to fly, that person should the decision on whether to fly. the FAA extend sport pilot medical consult his or her personal physician. provisions to recreational, and even Numerous supporters of proposed The individual still has the medical provisions mentioned the private, pilots. A few commenters responsibility to determine whether he recommended minor editorial changes. financial and time burden placed on or she meets the provisions of § 61.53. pilots to maintain an airman medical The FAA has reconsidered the An applicant for a student pilot certificate, noting specifically the circumstances in which a current and certificate seeking sport pilot privileges backlog for special-issuance medical valid U.S. driver’s license should be may be asked whether: allowed in lieu of a valid airman • He or she was found eligible for the certificates. Commenters stated that medical certificate and has made issuance of at least a third-class airman many pilots cannot obtain a third-class substantive revisions to the medical medical certificate (if he or she recently airman medical certificate and that provisions in the final rule. These applied for an airman medical some pilots, while medically capable of revisions are based on the FAA’s certificate). flying, cannot afford the medical testing concern that pilots whose airman • His or her most recently issued needed to maintain an airman medical medical certificates have been denied, airman medical certificate has been certificate. suspended, or revoked or whose suspended or revoked. Many commenters viewed this Authorization for Special Issuance of a • His or her most recent proposal as a means to allow Medical Certificate (Authorization) has Authorization has been withdrawn. individuals who have lost their third- been withdrawn would be allowed to The applicant may also be asked class airman medical certificates to operate light-sport aircraft other than whether he or she knows or has reason operate light-sport aircraft. Commenters gliders and balloons under the proposed to know of any medical condition that identifying themselves as senior citizens rule. Therefore, possession of a current would make that person unable to commonly shared this view and and valid U.S. driver’s license alone is operate a light sport aircraft in a safe welcome the opportunity to return to not enough to dispel this concern. For manner. If the applicant answers ‘‘yes’’ flying after being unable to obtain an this reason, this final rule permits using to any of these questions, the applicant airman medical certificate for many a current and valid U.S. driver’s license will be reminded that while he or she years. as evidence of medical qualification may be issued a student pilot certificate, Other comments in support may be based on certain conditions. If a person he or she may not use a driver’s license summarized generally as follows: has applied for an airman medical as evidence of medical qualification. • certificate, that person must have been By incorporating these provisions, the The FAA airman medical certificate found eligible for the issuance of at least FAA confirms that persons who would is aimed at more stressful tasks like a third-class airman medical certificate. exercise sport pilot privileges must those performed by commercial pilots If a person has held an airman medical consider their medical fitness before who often fly IFR. certificate, that person’s most recently operating. If a person should not be • FAA airman medical certificates do issued airman medical certificate must exercising airman privileges for medical not provide a guarantee about how a not have been revoked or suspended. If reasons, that person should not be person will feel 2 hours later and do not a person has been granted an conducting sport pilot privileges unless prevent in-flight health hazards. Authorization, that Authorization must and until it is safe for that person to do • Sport pilots, in particular, do not not have been withdrawn. so. have that ‘‘must get there’’ attitude. These provisions apply only to Comments that supported the • As long as the process of § 61.53 persons who have held or applied for an proposed medical provisions: The remains in place, there is no reason to airman medical certificate or who have majority of the comments received on require a non-commercial pilot to hold been granted an Authorization. It does the proposed medical provisions were an airman medical certificate. not require the pilot of a light-sport supportive. Supporting commenters • aircraft to apply for an airman medical regarded these proposed sections as the The additional requirement of a certificate. The words ‘‘most recent most critical part of the action and driver’s license covers the increase in application’’ refer to the latest medical stated that if the FAA publishes a final risk that the public may perceive and is application that is on file with the FAA rule with more restrictive medical appropriate for the weight and speed of and on which action was taken. In requirements, they would withdraw light-sport aircraft. addition, the words ‘‘most recently support for the entire proposal. They • The current regime probably leads issued airman medical certificate’’ refer stated that using a current and valid pilots to avoid doctors and treatments to the latest airman medical certificate U.S. driver’s license as proof of general for certain medical conditions (e.g., on file with the FAA. medical qualification would permit depression), thus decreasing safety.

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FAA Response to Supporting Comments unable to operate a light-sport aircraft in commenter, since a third-class airman As stated in the NPRM, the FAA a safe manner. medical certificate is the current FAA believes that the level of health The FAA believes that these standard for general aviation, it should evidenced by a current and valid U.S. minimum standards constitute only one be the same standard for sport pilots driver’s license is a necessary, minimum aspect of the overall determination as to flying within the single-engine category. prerequisite to safely operate light-sport fitness to fly light-sport aircraft. The One commenter had no objection to aircraft other than gliders and balloons. possession of a current and valid U.S. those exercising sport pilot privileges The FAA chose to use state driver driver’s license is not in and of itself being able to use a U.S. driver’s license standards because they require a sufficient to establish the fitness of the to verify health. According to this minimum level of health to be met pilot. Therefore, it must be clear that a commenter, this proposal can benefit U.S. driver’s license is not, for the those who cannot pass an FAA medical before issuance. The FAA recognizes purposes of this action, an FAA airman examination for whatever reason, but that these standards are sufficient medical certificate. The FAA cautions the commenter points out that a certain minimum standards for drivers that reference to a sport pilot ‘‘driver’s level of physical ability is required for operating their automobiles at high license medical’’ should be avoided safe flight. This commenter has speeds and in close proximity to other because a current and valid U.S. driver’s compiled data that indicates that automobiles. They also are sufficient as license does not become a sport pilot medical issues are virtually no problem minimum standards for pilots of light- certificate holder’s airman medical when considering ultralight flight and sport aircraft other than gliders and certificate. therefore it strongly objects to a medical balloons, absent evidence of a medical Moreover, the FAA is concerned that physical requirement for those pilots condition that would make the pilot a number of commenters believe that and instructors. Pilot medical data otherwise unsafe to fly. Further, a state the proposed rule would have presented specifically relating to the operation of driver’s license may be revoked or an avenue for pilots who have been the significantly heavier and faster suspended for certain offenses that also denied an airman medical certificate aircraft (up to 130 mph) as now may impact the license holder’s ability under part 67 to continue to fly. The proposed by the FAA, however, is not and fitness to fly a light-sport aircraft, FAA believes that most pilots who so clear. Therefore, the commenter thus providing an added level of become aware through an airman could not comment on the safety of protection. If the U.S. driver’s license of medical examination of a condition that allowing pilots of heavier, faster aircraft a person holding a sport pilot certificate could prevent them from flying safely which fly over congested areas and into or rating (who does not possess a valid would not continue to fly. The controlled airspace to fly without a airman medical certificate) is revoked or commenters reveal, however, that a medical examination. rescinded for any offense—including, number of pilots might not give among others, substance abuse, sufficient weight to the evidence of their FAA Response to Commenters Who excessive speeding, careless and medical conditions in deciding whether Supported the Proposal in Part reckless operation of a vehicle, they are fit to fly. The FAA has Commenters seem to be suggesting numerous traffic violations—the determined, therefore, that the best that the FAA adopt separate sets of individual will not be able to exercise course of action for aviation safety is to standards; a two-tiered approach for this sport pilot privileges until the license is not allow a current and valid U.S. rulemaking action that would require reinstated or the person obtains a valid driver’s license as evidence of medical airman medical certification for certain airman medical certificate. qualification if a person’s most recent sport pilot certificate holders. The FAA While pilots of light-sport aircraft will application for an airman medical did not propose such an approach be required to hold and possess at least certificate has been denied or most because, by doing so, the regulations a current and valid U.S. driver’s license, recently issued airman medical basically would remain as they are meeting this requirement alone does not certificate has been suspended or today. By establishing new rules and equate to fitness to fly. The FAA cannot revoked. creating a new sport pilot certificate the over-emphasize the crucial The possession of a current and valid FAA intends to allow for limited responsibility placed on those U.S. driver’s license in no way operations in a safe manner that will exercising sport pilot privileges to constitutes a certification by the FAA bring pilots operating ultralight-like carefully consider fitness to fly before that the holder of that license is fit to aircraft into a more uniform regulatory every flight. The FAA has always fly light-sport aircraft-that certification system. Because the commenters do not understood that pilots’ own judgment is provided by the pilot alone. It merely describe how the FAA could implement regarding their fitness to fly is their allows that the holder has met their proposals other than to essentially most basic and important safety minimum FAA requirements and is maintain current regulatory parameters, responsibility and that no level of permitted to operate a light-sport the FAA could not consider them. airman medical certification will ever aircraft subject to the requirements of Comments That Opposed the Proposed alleviate this responsibility. Those who part 61 and the pilot’s own Medical Provisions would exercise sport pilot privileges determination of his or her fitness to fly. must understand that, by taking control One medical organization commented of an aircraft as pilot in command, they Comments That Supported the U.S. that its general membership was have made an unequivocal declaration Driver’s License Proposal for Ultralight ‘‘overwhelmingly against’’ the NPRM’s as to their belief in their fitness to fly. Operations But Not for More Complex recommended use of a driver’s license. To ensure that pilots focus on this Light-Sport Aircraft Operations According to this organization, the FAA responsibility, the final rule, as adopted, One commenter agreed that a U.S. desire for not ‘‘creating a significant specifically provides that a pilot may driver’s license is acceptable for financial barrier’’ is without merit with not use a current and valid U.S. driver’s ultralights and powered parachutes, but respect to the airman medical license as evidence of medical indicated that ‘‘all pilots of powered certificate. The organization indicated qualification if he or she knows or has flight (single-engine aircraft) should that a 2001 survey of airmen medical reason to know of any medical undergo initial and periodic medical examiners with at least a 66% response condition that would make that person examinations.’’ According to this rate indicates the average cost of a third-

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class medical is $66.69. Annualized for driving fast and in close proximity to that would prevent them from flying those under 40, the cost is $22.23 and other automobiles is safe. The FAA safely must not exercise sport pilot for those over 40, $33.35, which can makes the comparison to driving to privileges. Additionally, individuals hardly be considered a financial burden. indicate only that, when compared to using a driver’s license to exercise sport In addition, this organization stated sport pilot operations, driving can be pilot privileges whose most recent that the NPRM’s conclusion that driving more stressful and can require more application for an airman medical fast in close proximity to other skill sometimes than flying a light-sport certificate has been denied or whose automobiles is safe and achieved by the aircraft. For the NPRM, the FAA most recently issued airman medical varied medical clearances for driver’s reviewed accident data relating to the certificate has been suspended or licenses, as applied across states, is medical condition(s) of a pilot not revoked must not exercise sport pilot misleading and supporting statistics are required to hold an airman medical privileges. glaringly absent. Using only fatal certificate as a causal factor in general This action requires a basic level of crashes where a driver was reportedly aviation accidents and not accident data health for sport pilot operations, if that ‘‘ill, passed out/blacked out’’ as a relating to a driver’s medical condition basic level cannot be met then sport percent of total fatal crashes for just the as causal factors in fatal automobile pilot privileges must not be exercised. year 2000 shows 0.9%. This percentage accidents. Therefore, the FAA cannot The intent of this action is not to goes up if other driver factors such as respond to the commenter regarding the encourage those who have medical medication reaction, not using 0.9% rate of total fatal automobile conditions or who may develop a medication, or other physical crashes in 2000 relating to a certain medical condition(s) to become lax impairment are also considered. In 1 medical condition of the driver. Further, about their health and take chances year, this figure is nearly five times that the FAA does not have enough piloting a light-sport aircraft. As it does of the NPRM-quoted 7-year period accidents related to medical causes to be with all pilots, the FAA recommends where an airman medical certificate is able to assign a yearly accident rate for that persons holding a sport pilot required in aviation. According to this fatal general aviation accidents. It certificate or rating consult with their organization, ‘‘[t]he FAA’s belief that should be noted, as stated in the NPRM, private physician routinely and the medical standards that permit an that the NTSB will investigate any especially if they have any indication of individual to drive * * * provides an accidents or incidents involving adverse health. The FAA recommends adequate level of safety to operate * * * certificated sport pilots, light-sport routine vision screening. aircraft is not supported. Actually the aircraft, or persons exercising the The FAA acknowledges that the opposite is true in that the numbers privileges of a sport pilot. The FAA process to obtain and maintain an indicate an unreasonable risk to aviation anticipates working closely with the airman medical certificate versus that to safety for any level of piloting.’’ NTSB to analyze light-sport aircraft obtain and maintain a U.S. driver’s license is different and that U.S. driver’s FAA Response to Comments That accidents suspected of being caused by a pilot’s medical condition. license standards vary from state to Opposed the Proposed Medical state. Even though the process for Provisions General Opposing Comments applying for and renewing a U.S. The FAA concurs that, in the case of Opposing commenters also addressed driver’s license varies throughout the some applicants for airman medical the following: United States, U.S. issuing authorities certification, the cost of an airman • The ease with which a U.S. driver’s require applicants to verify some basic medical examination is not cost- license may be obtained in most states. level of health on their various driver’s prohibitive. If the AME directs an • The variation in standards among license applications. Each state requires applicant to undergo further testing the states. an applicant to meet minimum vision beyond a standard physical, however, • The lack of serious medical testing standards. Many authorities require the cost to obtain an airman medical during the application process for a U.S. applicants to reveal any medical certificate can become more expensive. driver’s license. condition(s) that might preclude them Under this action, individuals will have • Inconsistent and inadequate vision from obtaining a U.S. driver’s license in to obtain an airman medical certificate tests. that jurisdiction. If any of these if they do not have or do not want to • The process for obtaining a U.S. applicants affirm having received obtain a U.S. driver’s license. The intent driver’s license differs from that treatment for a medical condition (e.g., of this action, however, is not to involved with obtaining an airman stroke or paralysis, brain disorder, heart recommend a practical fee or to analyze medical certificate and that driver’s disorder, seizures) on an application, a the cost factors for obtaining an airman license medical standards and FAA licensed physician must further medical certificate; it is to assure that, airman medical standards differ. evaluate whether that person should be for sport pilot operations, an applicant • The FAA did not enact its 1995 allowed to drive a motor vehicle. The can meet a basic level of health. The proposal to allow recreational pilots to same is true for an individual who 2001 survey the commenter referenced exercise privileges without an airman applies for an airman medical certificate was a compilation of information medical certificate for many reasons, who indicates that he or she has a obtained from 3,800 individuals over a including safety concerns, and there medical condition. That individual’s 4-year period who filled out a have been no substantial changes in Aviation Medical Examiner (AME) must questionnaire at FAA-sponsored airman need or requirements for safety since further evaluate whether that person medical examiners periodic training that ruling. should be issued an airman medical seminars about their familiarity with FAA response to general opposing certificate. Individuals who are not and use of the Federal Air Surgeon’s comments: The FAA reiterates that the medically fit to operate a motor vehicle Bulletin. It was not specifically a intent of this action is not to reduce should not exercise the privileges of a questionnaire aimed at performing an safety or to encourage those sport pilot certificate. It is true that an analysis of AME fees. experiencing medical problems, individual who holds either a U.S. The FAA does not intend to imply including vision problems, to exercise driver’s license or an airman medical that driving an automobile and piloting any type of sport pilot operation. certificate could choose to operate a an aircraft are exactly similar or that Individuals with medical conditions motor vehicle or conduct sport pilot

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operations when not medically fit to do commenters that it must gain experience it becomes apparent that those so. If sport pilots choose to do so, with sport pilot medical provisions. exercising sport pilot privileges are not however, they are violating not only the exercising reasonable judgment with Commenters’ General Remarks and terms of their U.S. driver’s license or regard to their medical fitness to fly. Questions About Proposed Medical airman medical certificate but also the Question: Is the special issuance of a Provisions long-standing provisions of § 61.53 that medical certificate under § 67.401 pertain to prohibition on operations Some commenters who expressed considered a denial of an application for during medical deficiency. Sport pilots support for the proposal in principle an airman medical certificate? using a driver’s license must also and for the option of a U.S. driver’s Response: No. A pilot who has comply with the provisions of §§ 61.3, license over an airman medical received a special issuance of a medical 61.23, and 61.303. certificate raised the following issues: certificate may also exercise sport pilot The FAA rescinded its 1995 proposal Question: What ‘‘known medical privileges using a U.S. driver’s license, to allow recreational pilots to self- conditions’’ would prevent a person provided he or she is medically fit to evaluate under the provisions of § 61.53 from exercising sport pilot privileges? fly. because it had no experience allowing Response: The FAA has not Remark: The proposed medical recreational pilots, who may pilot more established a list of disqualifying provisions discriminate against the sophisticated and faster aircraft, to fly medical conditions under § 61.53. That following: without FAA airman medical could prevent a person from relying on • Those who live in rural Alaska who certification. Conversely, the FAA has a driver’s license as the sole evidence of do not drive and therefore cannot take had many years of experience allowing medical qualification. If a person advantage of the option of using a pilots of what are considered ultralight chooses to exercise sport pilot privileges driver’s license. vehicles today to fly without medical using an airman medical certificate, the • Those who hold foreign pilot certification and, based on this FAA’s disqualifying medical conditions certificates or foreign driver’s licenses. • experience, believes this rule provides set forth under part 67 apply. The Those who could qualify for a third- an equivalent level of safety for those ability to certify no known medical class airman medical certificate but do being brought into compliance. conditions becomes a matter between not choose or otherwise have the need, Validating this experience is the the pilot and his or her AME. If an desire, or money to have a U.S. driver’s accident data that the FAA has received individual’s most recent application for license. • under the terms of exemptions that have an airman medical certificate has been Those pilots other than sport pilots been granted to operate a two-seat denied after examination by an AME, who are required to hold an FAA ultralight vehicle for training purposes. that person would not be able to use a airman medical certificate. driver’s license as evidence of medical It is not the FAA’s intention to Comments That Favored Extending qualification. discriminate against anyone or to Sport Pilot Medical Provisions to Other If an individual chooses to medically disadvantage those who do not have or Pilots qualify for light-sport aircraft operations cannot obtain a current and valid U.S. Several commenters favored using a current and valid U.S. driver’s driver’s license. This action provides an extending proposed sport pilot medical license, then the restrictions and alternate means of compliance with full provisions to pilots with higher-level limitations listed on the U.S. driver’s FAA airman medical certification for certificates. These commenters license apply, as do those imposed by sport pilot certificate holders only and contended that the same reasoning and judicial or administrative order for the for those who are able to obtain and justification proposed for sport pilots operation of a motor vehicle. The maintain a current and valid U.S. should apply to other pilots, determination as to whether a pilot has driver’s license only. Standards for recreational pilots in particular, who are a medical condition that would make those who wish to maintain higher-level subject to many of the same limitations him or her unable to operate the aircraft pilot certificates and ratings remain such as those on carrying passengers, in a safe manner is the sole unaffected by this action; therefore this use of aircraft not having fixed gear, responsibility of the pilot. The ability to action cannot be considered night flight, and visibility restrictions. It certify no known medical conditions discriminatory against them because is suggested that the FAA review sport that would prohibit the safe operation of operations they would conduct do not pilot data over time to provide for an aircraft is a matter about which a fall within the scope of this action. private pilots to use the sport pilot pilot should consult his or her personal The FAA understands that there may medical provisions that will be adopted physician. be individuals in the United States who under this rule. Those experiencing medical may have difficulty traveling to their According to commenters it has been symptoms that would prevent them licensing entities to acquire a U.S. adequately proven that existing from safely exercising the privileges of driver’s license. The FAA notes that it medicine cannot predict heart attacks or their sport pilot certificate, or that raise may be similarly difficult for some strokes, so elimination of the FAA a reasonable concern, however, cannot individuals to obtain an FAA airman airman medical examination would claim to have no known medical medical certificate. While the FAA have no adverse affect on safety. deficiencies. appreciates that requiring those holding The FAA acknowledges that those a sport pilot certificate or rating to hold FAA Response to Comments That interested only in exercising sport pilot and possess either a current and valid Favored Extending Sport Pilot Medical privileges may not seek airman medical U.S. driver’s license or a valid airman Provisions to Other Pilots certification or may allow their current medical certificate does place a The medical provisions the FAA airman medical certificate to expire. disproportionately higher burden on proposed under this action were This is acceptable under this rule. those individuals who live some proposed for sport pilot operations only. Depending on the FAA’s experience distance from the appropriate The FAA has never considered under this rule, however, it could certification resources, no regulation expanding these provisions nor would it choose to establish a list of disqualifying can have an entirely uniform effect on be within the scope of this action to medical conditions or even revert to all entities subject to its requirements consider doing so. The FAA agrees with requiring airman medical certification if and limitations. The FAA believes that

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these minimum standards are necessary certificate holders would be necessary. aircraft would not meet the weight and that it would not be in the interest While airman medical certification is restrictions laid out in the proposal. of safety to alter them because they may optional for light-sport operations, some FAA Response to Other Suggested place a slightly greater hardship on minimum level of proof of general good Modifications From Commenters certain individuals over others. health is warranted. The FAA Because this rule requires a current determined that the ability to meet the The FAA considered several viable and valid U.S. driver’s license, a foreign medical requirements necessary to alternatives to airman medical driver’s license would not be obtain a U.S. driver’s license would be certification. As discussed in the acceptable. Because of the events of appropriate. proposed rule, the ARAC also proposed September 11, 2001 and ongoing Question: Can deaf individuals obtain many alternatives. The FAA proposed to harmonization efforts, guidance on a sport pilot certificate? allow either airman medical issuing U.S. pilot certificates and Response: Yes. Deaf individuals are certification as currently set forth under airman medical certificates based on eligible to apply for pilot certificates. part 67 or a current and valid U.S. foreign certificates continues to evolve. Deaf individuals interested in piloting driver’s license as a means for holders Current guidance can be found in FAA should consult the FAA Web site at of sport pilot certificates and ratings to Order 8700.1 ‘‘General Aviation http://www2.faa.gov/avr/afs/ meet medical qualifications because it Inspector’s Handbook,’’ chapter 29, deaffaq.htm. wanted to avoid creating a new class of ‘‘Issue of a U.S. Pilot Certificate on the Question: Will flight instructors and airman medical certificate that might Basis of a Foreign-Pilot License.’’ employees of flight schools be required not be viable. The FAA already has an elaborate airman medical certification Remark: Many drivers operate motor to adhere to DOT drug-testing policies? vehicles while taking narcotics and program for higher-rated pilots. If sport Response: For sport pilot operations, tranquilizers even when counseled not pilots do not want to choose airman flight instructors and employees of to do so. Also, individuals who have medical certification then they choose flight schools are not considered been advised by their physician not to to be subject to the medical protocols ‘‘employees who must be tested’’ as drive due to a medical condition may established by U.S. driver’s licensing defined under part 121, appendix I. continue to drive anyway. entities. The FAA wanted a viable, Response: The FAA acknowledges Flight instructors with a sport pilot proven means of certification such as that people may choose to continue to rating acting as pilot in command of a that already established within the FAA drive and even fly against medical light-sport aircraft other than a glider or and among U.S. driver’s licensing advice or while taking certain balloon, however, must adhere to the entities. Creating a new class of airman medications. What is more, some may provisions of existing §§ 61.15, 91.17, medical certificate would involve more not even consult with a private and 91.19 regarding offenses involving comprehensive regulations (e.g., physician about a medical condition or alcohol or drugs. amendments to parts 61, 67, and 183) before taking medication. Unfortunately, Other Suggested Modifications From because it would involve new airman there are those who will take chances Commenters certification rules, new medical and any action the FAA may take would standards, and perhaps new designees not dissuade these individuals. Further, Many commenters provided suggested or an expansion of the role of existing this situation can apply not only to alternatives to the proposed medical designees. It would require a new, drivers and pilots, but to operators of provisions. Among others, these special category of disqualifying suggestions included the following: any kind of transport vehicle, • medical conditions, new forms, new machinery, or equipment. Fortunately, Institute a fourth-class airman certificates, and further paperwork and however, aviation accident statistics medical certificate; • recordkeeping requirements that light- rarely indicate medical factors as Require a third-class airman sport operations do not appear to probable cause. This would seem to medical certificate for those with no, or warrant. Any of these alternatives indicate that, for the most part, pilots do no recent, appreciable flight time; • proposed by commenters, ARAC, or not take chances flying when they know Require a third-class airman considered by the FAA would be they are not medically fit to do so. medical certificate for night flight and difficult to regulate and a burden to Question: Why are the requirements IFR flight; • implement. for operating light-sport aircraft higher Require an eye examination at a While many of these comments for than requirements to operate gliders? local clinic in lieu of a U.S. driver’s alternatives and additions to the Response: Today’s technological license; proposed sport pilot medical provisions • advances in light-sport aircraft call for a Have the option of having an may have merit, the commenters did not set of standards that could no longer be evaluation from a private physician provide cost justification or any detailed served by those set forth for balloons once every 5 years in lieu of a U.S. discussion of how the FAA could and gliders. The FAA is adopting this driver’s license; propose adopting and implementing • rule to increase safety in the light-sport Allow a written medical declaration them. aircraft community by closing gaps in or certificate of good health to replace existing regulations and accommodating the driver’s license for those who do not Editorial Comments on Proposed new advances in technology. Therefore, want to get a U.S. driver’s license or an Medical Provisions requirements for light-sport aircraft and airman medical certificate; One organization recommended that sport pilot certificate holders are • Do not allow by-mail or on-line proposed Section 111 be entitled ‘‘Must necessarily more rigid than those for renewals of a U.S. driver’s license for I hold an airman pilot and medical glider operations. The FAA believes that sport pilot operations; certificate as a Sport Pilot Flight a permanent and appropriate level of • Have a ‘‘grandfather clause’’ to Instructor?’’ rather than ‘‘Must I hold an regulation is necessary. Because the allow pilots, who might lose airman airman medical certificate?’’ It FAA has added more requirements for medical certification but who have a recommended that proposed Section certification and training for light-sport lifetime of flying experience and flying 111 be reworded to bring the aircraft, it also determined that some time, to continue to fly the aircraft they requirement of this regulation in line medical provisions for sport pilot have flown all their lives even if that with the requirements of § 61.183,

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which is to hold a pilot certificate in weight-shift-control aircraft can be certification rules in part 61, and NTSB order to be flight instructor. operated as an experimental powered rules in 14 CFR part 830. After Another commenter suggested that glider, with an endorsement for self- satisfying all of these requirements for a the word ‘‘requirement,’’ used in SFAR launching, without an airman medical pilot certificate, a sport pilot may— No. 89 section 3(b), should be replaced certificate. • Operate an aircraft that meets the with the word ‘‘reasons.’’ According to definition of light-sport aircraft that V.5.A.iii. Flight Training and this commenter, ‘‘requirements’’ is not does not exceed 87 knots V and carry Proficiency Requirements H the correct word because only one passenger ‘‘requirements’’ never prevented anyone As a result of this rulemaking action, • Fly only between sunrise and from speaking, reading, or the new sport pilot certificate has been sunset, below 10,000 feet MSL, with understanding English. Using the word established with training, experience, visual reference to the surface, and ‘‘reasons’’ would allow for consistent and testing requirements commensurate when the visibility is 3 miles or greater usage of the term under current with the privileges and limits associated • Operate in class E and G airspace, regulations. with this certificate level. This pilot but not in class A, B, C, and D airspace certificate will fall between the part 103 where you need to communicate with FAA Response to Editorial Comments regulations that address ultralight pilot ATC, and fly cross-country on Proposed Medical Provisions privileges and those that address the • Not tow any object, not conduct The comments requesting editorial recreational pilot certificate. Two of the sales demonstration rides if an aircraft changes have merit. The FAA adopts key privileges a sport pilot will be salesman, not fly for compensation or medical provisions that more clearly granted are: (1) The ability to operate a hire, or carry a passenger for define requirements for flight simple, non-complex light-sport aircraft, compensation or hire. instructors and that avoid the incorrect defined in § 1.1, that exceed the Additionally, to accommodate the use of the terminology ‘‘medical parameters of an ultralight vehicle; and approach originally proposed by the requirements.’’ The terminology the (2) permission to carry a passenger. ultralight industry, the FAA established FAA uses under existing §§ 61.123, Light-sport aircraft comprise the a building-block approach to permit a 61.153, 61.183, and 61.213 is ‘‘medical following categories of aircraft— sport pilot to obtain additional reasons,’’ which is correct. airplane, gyroplane, glider, balloon, privileges. After meeting the airship, powered parachute, and weight- requirements for a sport pilot certificate, Other Editorial Change shift-control aircraft. the pilot must obtain additional The FAA is changing the words Several commenters wished to see the experience, training, and/or testing to ‘‘current and valid’’ when referring to an minimum number of hours required to receive an endorsement allowing the airman medical certificate to ‘‘valid’’ to obtain a sport pilot certificate raised, pilot to— avoid redundancy. An airman medical while a few commenters wished to see • Operate a new category or class of certificate is ‘‘valid’’ provided it has not the number of hours required lowered. light-sport aircraft expired as set forth under existing The FAA expects that the 20-hour • Operate a make and model of light- § 61.23. Because there are no recency-of- minimum flight time requirement for all sport aircraft within a different set of experience requirements associated aircraft (except gliders, balloons, and aircraft with an airman medical certificate, the powered parachutes) is adequate to train • Operate a light-sport aircraft that word ‘‘current’’ is redundant and a person to exercise the privileges of a exceeds 87 knots VH (but does not therefore not necessary. sport pilot. Sport pilots are limited in exceed 120 knots VH) the types of aircraft they may operate • Operate in Class B, C, and D Future Rulemaking on Private Pilots and the operations they may conduct. airspace and other airspace in which With Weight-Shift-Control or Powered The flight time and flight training are communication with ATC is required. Parachute Ratings minimum requirements that an One commenter suggested that the During the process of drafting the applicant for a sport pilot certificate training and proficiency requirements final rule, the FAA recognized that it must meet and even if satisfied, there be made commensurate with the did not specifically propose medical are several additional checks before a complexity of aircraft on which the eligibility requirements for private sport pilot certificate is issued. training is being given. The FAA pilots with a weight-shift-control or Importantly, the applicant must be believes that the rule does this. All powered parachute rating. This would recommended by an authorized student pilots, regardless of the have inadvertently defaulted these instructor who endorses the applicant’s certificate levels they are seeking, or the pilots to a requirement to hold at least logbook indicating that he or she is complexity of the aircraft, are trained to a third-class airman medical certificate prepared to take and pass the practical safely operate the aircraft in which they to exercise the privileges associated test. The applicant must also have been are receiving training in order to with those ratings. This was not the recommended for and passed a conduct solo operations. The FAA does FAA’s intent. However, because the knowledge test on the general not set a minimum time to meet the solo FAA did not propose and seek public knowledge requirements necessary to requirement, although an endorsement comment on allowing private pilots exercise sport pilot privileges and from an authorized flight instructor and with a weight-shift-control or powered operate a light-sport aircraft in the NAS. continued supervision during solo parachute rating to operate those aircraft Once recommended by the authorized training is required. A student pilot then without holding a third-class airman instructor, the applicant must continues training that is specific to the medical certificate, the FAA must demonstrate to the FAA, or FAA pilot certificate he or she is seeking. initiate future rulemaking action. It designated examiner, that the practical The minimum training required for a should be noted that persons wishing to test standards can be met before the sport certificate will be appropriate for operate weight-shift-control aircraft or certificate is issued. a light-sport aircraft, in the category the powered parachutes while exercising The knowledge and flight training student wishes to fly, and in an aircraft sport pilot privileges, but not private requirements, established for a sport that operates at an airspeed below 87 pilot privileges, may do so under this pilot, requires the ability to comply with knots CAS VH (100 mph). Although, the rule. In addition, under current rules, a the operating rules in part 91, the student does have the option to operate

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a light-sport aircraft that exceeds 87 The FAA also received numerous proposed requirements that were knots VH this will require training comments on the flight training applicable to much faster fixed wing beyond the minimums set forth for a requirements in a powered parachute aircraft. For sport pilots, the sport pilot certificate. How much for sport pilot and private pilot requirement for 2 hours cross-country additional training will depend on the certificates. Most commenters said that flight training is reduced to 1 hour, and complexity of the light-sport aircraft and powered parachute training the solo cross-country flight the skills of the pilot. requirements should parallel the requirements are reduced to require An important factor to remember training requirements for gliders and only one solo flight with a straight-line when comparing the training balloons, as opposed to paralleling the distance of 10 NM between the take off requirements of an ultralight pilot, a training requirements for fixed-wing and landing locations. sport pilot, a recreational pilot, and a aircraft, which was proposed. After The FAA received comments on private pilot is that the rules do gaining operational experience in powered parachute and weight-shift- consider the type of aircraft operated powered parachutes during the control navigational training (category, class, weight, speed, and development of the practical test requirements. In addition to considering complexity), and the operating standards, the FAA agrees, and, those comments, while developing privileges and limitations. Reference the therefore, in the final rule the training practical test standards for these aircraft, charts under ‘‘IV. Comparative Tables’’ requirements for powered parachutes the FAA became more familiar with the for an overview of these factors. are modified to parallel those for gliders characteristics of these aircraft. During Additionally, some commenters and balloons. This change to the final that process, the FAA realized that raised concerns about the minimum rule reflects the need for training in the weight-shift-control aircraft and training requirements for a sport pilot critical takeoff and landing phases of powered parachutes typically navigate who would have the authority to flight, as well as ground handling by dead reckoning, which requires the operate an experimental, primary, or during set-up and after landing. The aid of a magnetic compass, as opposed standard category aircraft that currently powered parachute minimum flight to pilotage, which does not require one. can only be operated by a recreational time and flight training time for sport Most powered parachutes and weight- pilot or higher certificate level. The pilots and private pilots is decreased. shift-control aircraft do not have a FAA believes that pilot training, and For a sport pilot, the decrease is from 20 magnetic compass. This is also the case subsequent privileges and limitations of hours to 12 hours for total flight time, with many of other open-cockpit, slower the pilot certificate, are based on an which must include 10 hours of flight light-sport aircraft such as gyroplanes aircraft’s operating characteristics, training time. Even though the and some fixed-wing aircraft. In the speed, weight, and complexity. They are minimum time requirement is final rule, therefore, the FAA is adding not based on how the aircraft was decreased, the training time must now words such as ‘‘as applicable’’ or ‘‘as manufactured and the type of include an additional requirement for at appropriate’’ to §§ 61.1, 61.93, and airworthiness certificate the aircraft has least 20 takeoffs and landings with an 61.309 when addressing the use of been issued. The FAA believes that any authorized instructor and 10 solo navigation systems. This means that aircraft that meets the definition of a takeoffs and landings to a full stop. For training is required only on the light-sport aircraft can be safely a private pilot, the decrease is from 40 navigation systems appropriate for the operated by a sport pilot with the hours to 25 hours of total time, and from kind of aircraft flown. The practical test required training, testing, and standards will provide specific 20 hours to 10 hours of flight training endorsements. How the aircraft is guidelines for meeting this training time. However, the training time must operated and maintained is dependent requirement. Additionally, the FAA now include at least 30 takeoffs and on the type of airworthiness certificate reviewed the proposed solo cross- landings with an authorized instructor issued. A sport pilot is trained and country flight requirement for persons to a full stop and 20 solo takeoffs and tested to ensure that he or she can make seeking weight-shift-control aircraft landings to a full stop. These revised those determinations. privileges and is revising the proposal to flight times are in excess of what is The FAA received numerous require the flight to include a full-stop required for a glider or balloon pilot at comments recommending that cross- landing at a minimum of two points. the sport pilot and private pilot country distances for weight-shift- This change is also being made to the control aircraft training be decreased to certificate levels. proposed requirements for persons distances similar to those required for In addition, although cross-country seeking airplane and rotorcraft gyroplane training. The FAA proposed and night training is not required for a privileges. It is being made to preclude that the training requirements for glider or balloon rating at the private cross-country flights that include only a weight-shift-control aircraft be identical pilot level, the FAA is requiring this takeoff and landing at the original point to those for powered fixed-wing training at the private pilot level for a of departure. requirements. The commenters pointed powered parachute rating. Night The Administrator’s Safer Skies out that a weight-shift-control aircraft training is not required at the sport pilot Program reviews general aviation have an open fuselage and fly at much level because sport pilots are not accidents and determines new methods slower speeds than fixed-wing aircraft. authorized to fly at night; however, to prevent future accidents. One They stated that speeds of weight-shift- cross country training is required at the program recommendation was that the control aircraft are rarely in excess of 87 sport pilot level with a powered FAA review part 61 for how it addresses knots CAS, which are similar to speeds parachute rating. These additional training and testing pilot judgment. As achieved by gyroplanes. The FAA agrees training requirements for a powered a result of that review, the FAA will that weight-shift-control aircraft have parachute rating are necessary because require sport pilot training that is similar operating speeds to gyroplanes; powered parachutes, unlike gliders and specifically aimed at aeronautical therefore, the FAA is reducing the balloons, are powered aircraft. The decision making and risk management. training requirements for cross-country cross-country requirements were This training will provide a way of distances at the sport pilot and private changed to reflect the significantly evaluating whether a sport pilot pilot certificate levels to reflect the slower speeds of powered parachutes, adequately uses risk management lower operating speeds of these aircraft. generally 30 mph, as opposed to the techniques in conjunction with

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aeronautical decision making. The FAA parachutes. Flight proficiency training a requirement for training in tumble and industry are currently developing requirements are now included in entry and avoidance techniques for new training and certification materials §§ 61.87, 61.107, 61.311, and 61.409. those persons seeking flight instructor to meet these new requirements. However, in the final rule, the privileges in weight-shift-control Accordingly, the FAA is changing requirements for flight proficiency in aircraft. A flight instructor must be references in aeronautical knowledge crosswind takeoffs and landings, meta- knowledgeable about this particular requirements that refer to ‘‘judgment’’ to stable stalls, and partial canopy maneuvering characteristic and have the ‘‘risk management.’’ collapses are removed for the reasons skills to provide proper instruction on Several commenters noted that the cited in the previous paragraph. Those tumble entry and avoidance techniques. FAA proposed to require solo cross- subjects will be covered in the Similarly, proposed § 61.107 country training to obtain a sport pilot aeronautical knowledge sections of the (b)(9)(viii) would have contained a certificate to operate a balloon, but not final rule and addressed in the practical requirement to conduct slow flight in a to obtain other pilot certificates to test standards. powered parachute. During the operate a balloon. The commenters Proposed SFAR No. 89 section 51 development of the practical test noted that this proposed requirement in would have required sport pilots to standards, the FAA determined that the regulatory text conflicted with the receive ground training in stall since powered parachutes only fly no discussion in the preamble. This was an awareness, spin entry, spins, and spin more than 30 mph, this training error in the regulatory language, and recovery techniques (if applicable). It requirement is not applicable for this § 61.313(f) is changed to reflect the also would have required sport pilots category of aircraft. In the final rule, this FAA’s intent that solo cross-country seeking to operate weight-shift-control requirement is removed. This training for balloons is not required. aircraft to receive training in tumble requirement is also removed from There were several commenters who entry, and tumble avoidance techniques. § 61.311. noted that certain proposed flight Proposed section 53 of SFAR No. 89 A few commenters noted that in training and proficiency maneuver would have required a sport pilot to proposed SFAR No. 89 section 55, the requirements would have been receive ground and flight training in FAA did not address the aeronautical inappropriate for training in powered slow flight and stalls, except when experience required for a class privilege parachutes and weight-shift-control seeking privileges in a lighter-than-air for land or sea in the airplane, powered aircraft. The maneuvers the commenters aircraft or a gyroplane. parachute, and weight-shift-control cited for powered parachutes were In the final rule, the FAA is removing aircraft categories. Although the FAA meta-stable stalls and partial canopy the requirement to receive training in did not specifically address collapses. The commenters said that tumble entry and tumble avoidance requirements for land and sea meta-stable stalls are a result of a design techniques for a sport pilot seeking to privileges, the requirements set forth in and rigging issue not a flight training operate a weight-shift-control aircraft. that section applied to both classes of issue. They recommended that meta- The FAA is also removing the aircraft. The FAA is revising the final stable stall avoidance is one of ensuring requirements for both a sport pilot and rule in §§ 61.311 and 61.313(a), (g), and proper rigging of the canopy and should a private pilot seeking to operate a (h) to differentiate between land and sea be addressed during the training powered parachute to receive training in privileges. The final rule requires segments on proper rigging. For weight- slow flight and stalls. In addition, the specific endorsements for the exercise of shift-control aircraft, the commenters FAA is also removing the requirement either set of privileges. cited spins, and tumble entry and for sport pilots seeking to operate a Additionally, the commenters were avoidance techniques. In addition, a few lighter-than-air aircraft to receive not sure if the proposed rule addressed commenters suggested eliminating the training in slow flight. Sport pilots will the requirements for the addition of powered parachute training requirement be required to receive ground training in class privileges. For the addition of class for crosswind takeoffs and landings stall awareness, spin entry, spins, and privileges, refer to § 61.321, which because a powered parachute does not spin recovery techniques. This training requires that the appropriate ground and have rudder or aileron control surfaces, should provide applicants with a flight training specified in §§ 61.309 and and a pilot cannot compensate for general understanding of these 61.311 for the new class of aircraft. This crosswinds on takeoffs and landings. aeronautical knowledge areas and training and recommendation must be Many commenters suggested that the include specific training applicable to accomplished with an authorized rule be revised to either require the category and class of aircraft in instructor with a different authorized recognition and avoidance training for which privileges are sought. instructor completing a proficiency those areas of operation or to eliminate For flight instructors seeking a sport check. those training requirements. The FAA pilot rating, the FAA is revising V.5.A.iv. Make and Model Logbook agrees. While it is crucial that pilots of proposed section 115 of SFAR No. 89 by powered parachutes and weight-shift- not requiring an applicant to receive Endorsements, and Sets Of Aircraft control aircraft be capable of training in slow flight if the person is In proposed section 61 of SFAR No. recognizing and avoiding such seeking to operate a lighter-than-air 89 (now § 61.319), the FAA proposed emergencies, it is not safe for pilots to aircraft or a powered parachute. The that the holder of a sport pilot certificate experience them in training. The FAA is rule also does not require an applicant must have a logbook endorsement from therefore revising the rule as follows. to receive training in stalls if the person an authorized flight instructor for each In SFAR No. 89 sections 33, 53, and is seeking to operate a lighter-than-air category, class, or make or model of 115 and § 61.107, the FAA proposed aircraft, a powered parachute, or a light-sport aircraft that he or she wished flight proficiency training requirements gyroplane. In addition, the final rule to operate. In addition, proposed SFAR for student pilots seeking a sport pilot removes the proposed requirements for No. 89 section 125 (now §§ 61.413 and certificate, sport pilots, private pilots, spin training for those individuals 61.415), stated that a flight instructor and persons seeking a flight instructor seeking flight instructor privileges in with a sport pilot rating could provide certificate with a sport pilot rating in the weight-shift-control aircraft because a training only in a category and class and areas of stalls, meta-stable stalls, and weight-shift-control aircraft does not make and model of light-sport aircraft in partial canopy collapses in powered spin. In the final rule, the FAA is adding which he or she is authorized to provide

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training. These proposed requirements his or her area qualified to offer training pilots to operate any aircraft within that were intended to ensure that any sport on the aircraft he or she wishes to fly. set once an endorsement to operate any pilot flying in, or any flight instructor Most commenters felt that the aircraft within that set has been with a sport pilot rating instructing in, differences between various makes and received. The FAA now believes that it one of the unique light-sport aircraft models of light-sport aircraft were minor is possible to group light-sport aircraft that fall into the broad categories and and generally would not affect the into sets of aircraft, as defined in current classes of aircraft established in § 61.5 ability of a flight instructor with a sport § 61.1. Section 61.1 states that the term would receive additional flight training pilot rating to safely provide training in ‘‘set of aircraft’’ refers to aircraft that that was make-and-model specific. various makes and models of light-sport ‘‘share similar performance The FAA notes that the preamble to aircraft, nor would those minor characteristics, such as similar airspeed the NPRM (under ‘‘Proposed Sections differences affect a sport pilot’s ability and altitude operating envelopes, 59 and 61’’) stated that the FAA would to operate them. Many commenters similar handling characteristics, and the work with industry to develop suggested removing the requirement same number and type of propulsion procedures to allow flight instructors completely for these reasons. systems.’’ This concept of grouping with a sport pilot rating to issue logbook Commenters also suggested the FAA aircraft having similar operating endorsements ‘‘for a particular group of organize light-sport aircraft of similar characteristics, or using sets of aircraft, make and model aircraft having similar performance and handling has been used successfully for many operating characteristics.’’ The agency characteristics into broad groups and years through the National Designated recognized then that grouping aircraft allow flight instructors with a sport Pilot Examiner Registry (NDPER) having similar performance and pilot rating to receive logbook program for training and checking pilots operating characteristics could reduce endorsements within each group, rather operating warbirds and other vintage the administrative burden of obtaining than obtain one endorsement for each aircraft. logbook endorsements for all make and make and model of aircraft. Most A working group of FAA and industry models of aircraft. The agency asked for commenters felt this modification representatives, including pilots, flight comments, both in the NPRM and in the would reduce the cost to flight instructors and manufacturers, will be on-line public forum, on whether make instructors with a sport pilot rating, established to develop standards for and model endorsements for sport pilots consequently reducing the cost passed defining and establishing sets of aircraft. would be in the public interest. to sport pilots and student pilots Sets of light-sport aircraft will be seeking a sport pilot certificate. established according to the definition Nearly all of the numerous comments An industry organization suggested of ‘‘set of aircraft’’ in § 61.1 and made addressing this issue criticized the make that it would be reasonable to allow for available to the public. The parameters and model endorsement requirement as the operation of an additional make and to establish sets of aircraft will be overly burdensome and unnecessary. model of light-sport aircraft if the sport referenced in the advisory material, and Several commenters noted the particular pilot became familiar with the operating a list of aircraft that meet the parameters burden the endorsement requirement limitations, emergency procedures, for a specific set of aircraft will be would place on flight instructors with a operating speeds, and weight and available on the FAA’s website. All sport pilot rating, who would be balance for the particular make and experimental, primary, and standard required to obtain a logbook model of aircraft. Additionally, the sport endorsement for every make and model pilot would be required to perform the category light-sport aircraft will be of light-sport aircraft they wished to use following flight operations prior to grouped into sets. In addition, newly for training. Many commenters noted carrying a passenger, accomplishing a manufactured light-sport aircraft will be that this proposed requirement might cross-country flight, or operating solo in required to have ‘‘flight training have the unintended effect of Class B or C airspace—take-offs and supplements’’ to identify the sets of discouraging a current ultralight landings (minimum of 3 to a full stop), aircraft to which they belong. As a instructor from becoming a flight power-off stalls (as appropriate), and 1 member of the working group, the FAA instructor with a sport pilot rating hour of pilot-in-command flight time. will recommend that sets of aircraft because that instructor would be The sport pilot would then endorse his include experimental aircraft with required to obtain specific training for or her logbook specifying that these modifications and single-seat aircraft. each aircraft on which he or she wished actions had been completed. The The FAA is revising the rule (under to provide training. Many commenters endorsement would permit the sport §§ 61.319 and 61.323) to require that, also noted that, in some remote areas of pilot to operate that make and model of before conducting flight operations, the the United States, obtaining training for aircraft. holder of a sport pilot certificate— a specific make and model of light-sport After reviewing the comments and • Must receive training from an aircraft might require a prospective gaining a better understanding of the authorized instructor in a make and flight instructor with a sport pilot rating technical similarities between certain model of light-sport aircraft that is in to travel some distance and incur makes and models of light-sport aircraft, the same set as the aircraft in which the relatively high expenses to gain an the FAA agrees that the proposed rule pilot intends to conduct flight endorsement. This could make qualified could have been administratively and operations. instructors hard to find and economically burdensome. Although • Must record a make and model consequently make their services more the FAA does not believe the logbook endorsement from an expensive, the commenters said. The requirements should be completely authorized instructor for the make and commenters also pointed out that, if a eliminated, the FAA is changing the model of light-sport aircraft in which flight instructor with a sport pilot rating final rule as discussed below. flight privileges are desired. had difficulty obtaining the appropriate The FAA now recognizes that • May operate any additional make logbook endorsement to train on a grouping makes and models of light- and model of light-sport aircraft within specific make or model of light-sport sport aircraft that have very similar a set of light-sport aircraft under a single aircraft, a student pilot seeking a sport performance and operating make and model logbook endorsement pilot certificate or a sport pilot might characteristics as a set of aircraft would issued by an authorized flight have difficulty finding an instructor in be an effective means to permit sport instructor.

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Under the final rule (under § 61.415), flight instructor with a sport pilot rating this could pose difficulty for air traffic the FAA is not requiring an additional must log at least 5 hours of flight time controllers and present a potentially make and model endorsement for a in a make and model of light-sport dangerous situation. A few commenters, flight instructor with a sport pilot rating. aircraft within the same set of aircraft in including the NTSB, expressed concern The FAA recognizes that such a which flight-training operations are to that training requirements for sport requirement would be superfluous. be conducted. pilots may not be sufficient to permit Also, as discussed in the following Although the final rule does not sport pilots to operate in the same paragraph, if a flight instructor with a require endorsements for each airspace as transport category aircraft. sport pilot rating holds a higher pilot individual make and model flown The FAA also received comments certificate, a make and model within a set of aircraft, the FAA expressing concern over the lack of endorsement is not required under the believes, and will recommend through experience of sport pilots operating final rule. advisory material, that all pilots and light-sport aircraft in Class B, C, or D The FAA received several comments flight instructors should consider a airspace, or at major airports located in from individuals and industry familiarization flight in each light-sport Class B airspace, as listed in 14 CFR part organizations that stated that the FAA aircraft in which flight operations will 91, appendix D, section 4. The should reconsider the proposed be conducted. Guidelines for the commenters said that this would pose a requirement that the holder of a familiarization flights will be burden on other pilots in those classes recreational pilot certificate or higher established in the standards for the of airspace and for ATC facilities. who is exercising sport pilot privileges aircraft training supplement and in The FAA has considered these be required to receive flight training and advisory material provided by the FAA. comments and maintains the position it a make and model logbook endorsement Make and model familiarization training took in the NPRM regarding operations from an authorized instructor before should address the aircraft’s in Class B, C, and D airspace. See the being permitted to fly a specific make performance envelope, preflight, cockpit discussions of proposed SFAR No. 89 and model light-sport aircraft. The FAA orientation, use of flaps, takeoff, climb, sections 37, 81, 121, and 135, and recognizes that the holder of a cruise, required maneuvers, slow flight, § 61.101 in the preamble to the NPRM. recreational pilot certificate or higher stalls, approach, landing, aircraft However, the FAA agrees with the pilot certificate with the applicable operating instructions, and aircraft flight commenters who felt that some airspace rating has received more training than a training supplement. is too busy and congested, not only for sport pilot, which in most cases was in sport pilots, but also for recreational V.5.A.v. Changes to Airspace more complex and larger aircraft. pilots, and has reconsidered sport pilot Restrictions Therefore, the FAA is revising the final and recreational pilot operations at the rule under § 61.303 to establish that the As described in the proposed rule, major airports located in Class B holder of a recreational pilot certificate with additional training, a sport pilot airspace, as listed in 14 CFR part 91, or higher is not required to obtain a may operate in Class B, C, or D airspace appendix D, section 4. The FAA is make and model logbook endorsement with a U.S. driver’s license or an airman changing § 91.131(b)(2) to provide that, from an authorized instructor to operate medical certificate. Currently ultralight like all student pilots, a sport pilot or a a light-sport aircraft while exercising the pilots operating under part 103 are recreational pilot is not authorized to privileges of a sport pilot certificate. permitted to operate within Class B, C, take off or land at the major airports Several commenters said it would be or D airspace with prior air traffic located in Class B airspace, as listed in burdensome to require a flight instructor control authorization. They may not, 14 CFR part 91, appendix D, section 4. with a sport pilot rating to have at least however, operate over any congested It should also be noted that sport pilots 5 hours of required pilot-in-command area of a city, town, or settlement. and recreational pilots are prohibited time in each make and model of light- Ultralight pilots have had the authority from operations in Class B, C, and D sport aircraft in which he or she is to operate any type of ultralight vehicle airspace unless they have received the authorized to provide flight training. (i.e., fixed wing, powered parachute, required training and an endorsement, This was proposed in SFAR No. 89 weight-shift-control) in Class B, C, and in accordance with §§ 61.325 and section 135(c). After gathering D airspace without an airman medical 61.101(d). Those sections establish additional technical information and certificate for approximately 20 years. equivalent training requirements to considering the comments, the FAA still Additionally, the FAA has allowed those that a private pilot must receive believes that flight instructors with a balloon and glider pilots to operate in for operating in those classes of sport pilot rating must become familiar this airspace without an airman medical airspace. Furthermore, a sport pilot may with the light-sport aircraft on which certificate since 1945. In consideration not fly above 10,000 feet, at night, or they intend to provide training and of a sport pilot’s limited privileges when flight or surface visibility is less must have at least 5 hours of flight time within this airspace, and after analyzing than 3 statute miles. Basic VFR weather in the make and model of aircraft within relevant accident data, the FAA has minimums specified in § 91.155 also a set of aircraft. The ability to satisfy the determined that, as proposed in the apply to sport pilots. A private pilot, make and model requirement within the NPRM, it is appropriate to allow sport however, has more privileges than a set of aircraft provisions discussed pilots to operate in Class B, C, and D sport pilot in airspace that transport above partially relieves the burden. airspace with a U.S. driver’s license or category aircraft operate in. Specifically Additionally, the FAA no longer an airman medical certificate. For a private pilot is authorized to land at believes it necessary for a flight further discussion on medical the major airports located in Class B instructor to receive this training from provisions, see ‘‘V.5.A.ii. Medical airspace, as listed in 14 CFR part 91, another flight instructor. The final rule Provisions.’’ appendix D, section 4, and a private is changed to provide the level of safety Some commenters, including the pilot may operate in Class A, B, C, D, intended under the proposed rule and to NTSB, expressed concern about the E, and G airspace without any reduce the administrative burden and slower light-sport aircraft operating in additional training. possibly the economic burden. In the close proximity to faster general The FAA notes that, in the final rule final rule (§ 61.415(e)), before aviation and commercial aircraft in under § 61.89, the FAA defines the conducting flight-training operations, a Class B, C, and D airspace, and said that limitations for a student pilot seeking a

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sport pilot certificate. The rule provides and G airspace that have an operational was proposed for operations up to 2,000 that a student pilot seeking a sport pilot control tower. Pilots operating in feet AGL, if higher, is removed. The certificate is prohibited from operations airspace and at airports with operational FAA is making this revision for the in Class B, C and D airspace; at an control towers must receive training and following reasons. airport located in Class B, C, or D have appropriate equipment. Therefore, First, operations above 10,000 feet airspace; and to, from, through, or on an in the final rule, §§ 61.94, 61.101(d), and MSL require that a pilot have skills and airport having an operational control 61.325 address not only how student training on oxygen requirements and tower. Therefore, he or she is not pilots seeking a sport pilot and medical factors, reduced aircraft required to receive training on recreational pilot certificate and sport performance, and the other risks procedures for operations in these pilots and recreational pilots, associated with operations at higher classes of airspace. If, however, he or respectively, obtain privileges to operate altitudes. The minimum training that a she wishes to operate in Class B, C, or a light-sport aircraft at airports within, sport pilot receives does not encompass D airspace; at an airport located in Class or in airspace within, Class B, C, and D these additional training requirements. B, C, or D airspace; or to, from, through, airspace, but also at other airspace with Second, given that the aircraft that or on an airport having an operational an airport having an operational control typically operate above 10,000 feet MSL control tower, under § 61.94, that tower. The headings of those sections are often much larger than light-sport student pilot seeking a sport pilot are revised, and within the regulatory aircraft and usually cruise at certificate is required to receive airspace text the words ‘‘* * * and to, from, considerably higher speeds, the FAA is and airport-specific training and an through, or at an airport having an concerned about permitting light-sport endorsement. operational control tower’’ are added. In aircraft to operate at the same altitudes A recreational pilot is prohibited from addition, § 61.425 includes parallel as these aircraft. operations in Class B, C and D airspace; language to describe endorsement Third, light-sport aircraft typically do at an airport located in Class B, C, or D records that must be kept by flight not have position or anticollision lights airspace; and to, from, through, or on an instructors with a sport pilot rating. to help other pilots see and avoid these airport having an operational control For further discussion of equipment aircraft, which would be beneficial at tower, unless he or she wishes to required for operating light-sport aircraft higher speeds. receive the additional training specified in these classes of airspace, see ‘‘V.7.A. Lastly, there are still many areas in in § 61.101(d). Therefore, a student pilot Part 91—General Issues’’ below. the United States where operations seeking a recreational pilot certificate is above 10,000 feet MSL do not require V.5.A.vi. Changes to Altitude prohibited from operating in this communication with ATC or the Limitations airspace unless receiving the additional equipment required to be easily training specified under § 61.94. Proposed section 73(b)(6) of SFAR No. identified on radar by ATC, such as The FAA is also modifying § 61.95 to 89 (now § 61.315(c)(11)) would have transponders. Most light-sport aircraft exclude a student pilot seeking a sport restricted the operation of a light-sport do not have transponders or the pilot or recreational pilot certificate aircraft to altitudes of no more than capability to conduct radio from the requirements of this rule 10,000 feet above MSL or 2,000 feet communications, reducing their ability because new § 61.94 will apply to above ground level (AGL), whichever is to coordinate their operations with ATC persons. Section 61.94 parallels the higher. The FAA received several and be easily identified to ensure requirements of § 61.95, although it is comments on this proposed restriction, collision avoidance. more restrictive. The required training and nearly all of them opposed it. Most Several commenters disagreed with in § 61.94 encompasses training on stated that allowing pilots to fly at the limit of 2,000 feet AGL, arguing that Class B, C, D airspace and airport- higher altitudes would enhance safety. most pilots would prefer, in the interest specific training, as opposed to the Several commenters noted that higher of safety, to clear mountains by more training requirements in § 61.95 that is altitudes permit safer stall and spin than 2,000 feet AGL. The FAA agrees limited to only Class B airspace and recovery training because of the with these commenters in that there airport-specific training and the increased margin for error. One could be circumstances in which a sport required endorsement. commenter specifically noted that pilot would need more than 2,000 feet In the proposed rule, the FAA would visibility is often better above 10,000 AGL to safely clear a mountain. have prohibited a sport pilot from feet MSL, which enhances safety. However, as discussed above regarding operating in Class B, C, and D airspace Another commenter offered a similar training and equipment required for without additional training and an observation, noting that pilots often high-altitude operations, the FAA does endorsement, and would have revised choose to fly at higher altitudes to avoid not believe it is necessary to permit the rule for the recreational pilot to flying through dangerous weather operations above 10,000 feet MSL solely parallel the new sport pilot rule systems. Many commenters also noted for the purpose of crossing mountainous language. Currently, recreational pilots that glider pilots often need to fly at terrain. The pilot must determine are prohibited from operating in altitudes greater than 10,000 feet MSL to whether it is safe to clear mountainous airspace that requires communication take full advantage of areas of rising terrain and remain below 10,000 feet with ATC. warm air, called thermals, which help to MSL. The FAA intended the proposed keep gliders aloft. The FAA is revising § 61.311(c), and language to prohibit sport pilots and The FAA does not believe that these limiting sport pilot operations at all recreational pilots without appropriate commenters provided valid justification times to below 10,000 feet MSL. The ground and flight training from for amending the rule. After considering FAA believes that this revision will conducting light-sport aircraft these comments and other comments simplify the altitude restrictions and operations in airspace that has an expressing concern about sport pilots increase the level of safety. operational control tower. Upon further operating in congested, high-altitude The FAA maintains that any pilot review, the FAA realized that this airspace, the FAA has revised who wishes to exercise the privilege of would not have prohibited operations as § 61.315(c)(11) to be more restrictive. operating above 10,000 feet MSL must described in §§ 91.126(d) and 91.127(e), The rule now prohibits operations above gain the necessary experience and which prohibit operations in Class E 10,000 feet MSL, and the latitude that receive the additional training required

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for at least a private pilot certificate, or, importance of ensuring that flight country flights in open cockpit in limited cases, a recreational pilot instructors with a sport pilot rating have experimental aircraft. certificate. the ability to instruct in light-sport Many individuals presented such gyroplanes. FAA and industry analysis reasoning in their comments, arguing V.5.G.vii. Gyroplanes and data supports the conclusion that a that, given the existing obstacles to an Most gyroplanes historically have not lack of training, flight experience, and individual obtaining gyroplane flight been designed and manufactured to a flight proficiency account for about half instruction, the FAA should avoid specific regulatory standard. These of all gyroplane accidents. Lack of exacerbating the problem and allow aircraft are typically issued proficiency or poor judgment under light-sport gyroplanes to obtain special experimental certificates, which which a pilot flies a gyroplane beyond airworthiness certificates under this prohibit them from being used to the aircraft’s or the pilot’s own safe rule. These commenters stated that, conduct flight training operations for limits are often factors in many without the availability of special light- compensation or hire. Under the gyroplane accidents. sport gyroplanes, or the ability of existing regulations, gyroplanes can be The FAA acknowledges that the gyroplane instructors to use existing issued a standard category or primary gyroplane training infrastructure is less two-place gyroplanes to conduct category airworthiness certificate, which developed than other traditional aircraft training for compensation or hire, a will permit such use; however, very few training networks, owing in part to significant percentage of gyroplane manufacturers have chosen this historical and cultural influences within instructors (currently ultralight flight certification path. Today most of the the gyroplane community, the scarcity instructors) will not be able to continue gyroplanes that fit under the definition of training aircraft, gyroplane instructors instructing. of a light-sport aircraft are certificated as and DPEs, the lack of gyroplane Based on these concerns, the experimental amateur-built aircraft or knowledge training resources, and even gyroplane industry identified numerous are being operated under part 103. to a widespread inconsistent and often general training issues it felt should be Those gyroplanes that exceed the limits inadequate understanding and addressed in the final rule regarding of part 103 will need to be certificated appreciation of gyroplane control and light-sport gyroplane aircraft. Many of as experimental light-sport aircraft to stability issues, by both instructors and the comments addressed have been continue operating under this rule. pilots and the general aviation considered for all categories of aircraft The FAA has issued exemptions to community. These factors, coupled with and discussed elsewhere in this permit gyroplanes without standard an inappropriate reliance on the use of preamble. Specific gyroplane-only category airworthiness certificates to be fixed-wing training methodologies by issues included: operated for compensation or hire while students and instructors, sometimes • Removal of the mandatory conducting flight training. The three leave less experienced pilots unaware of requirement for night training at all FAA-recognized ultralight the limits of a particular gyroplane. This pilot certificate levels and the addition organizations, the Experimental Aircraft lack of consistent, comprehensive, and of a limitation on the pilot certificate; Association (EAA), Aero Sports gyroplane-specific training often leaves • Elimination of the requirement that Connection (ASC), and the United new gyroplane pilots unaware of their a single-place ultralight gyroplane pilot States Ultralight Association (USUA) aircraft’s handling characteristics, and take a check ride in a two-place light- hold exemptions that permit its ill-prepared to make sound flight sport aircraft; members to conduct flight training in a decisions, particularly when they • Extension of the training two-place ultralight-like gyroplane, and encounter the limits of the aircraft flight exemptions or issuance of Letters of the Popular Rotorcraft Association envelope. Deviation Authority for an indefinite (PRA) holds an exemption for The FAA notes that there are a total period if gyroplanes can not be gyroplanes issued an experimental of approximately 35 gyroplane certificated under § 21.186 (now amateur-built certificate. instructors throughout the U.S. who are § 21.190); The FAA received numerous either certificated by the FAA or who • Review of current exemptions and comments, including comments from an are operating under a part 103 training practical test standards to incorporate industry association, regarding the exemption. Many of these instructors more stringent training requirements inclusion of gyroplanes and helicopters provide training only part-time. Further, that flight instructors understand pitch in the proposed rule. The comments those gyroplanes used for training and stability, and recognize departure reflected two general areas of concern. possess flight handling and stability from controlled flight and apply A primary concern was whether characteristics that are often very appropriate recovery techniques. gyroplanes would be manufactured different from the characteristics of the With regard to the gyroplane under a consensus standard and issued small, single-place gyroplanes into industry’s request for revisions to the special airworthiness certificates, which a student pilot might later training requirements, the FAA is permitting these aircraft to conduct transition. Additionally, the scarcity of making changes to the rule, not only for training operations for compensation or both instructors and qualified FAA sport pilots and flight instructors with a hire. Commenters expressed the need aviation safety inspectors and DPEs sport pilot rating, but also for for appropriate training aircraft to be provide further discouragement for an recreational pilots and private pilots available for gyroplane flight individual attempting to undertake flying gyroplanes. instruction. The ability to manufacture training for a gyroplane rating. All of The new two-place experimental a gyroplane under a consensus standard these impediments to an individual light-sport gyroplanes certificated under would provide new training aircraft that becoming a gyroplane pilot are § 21.191(i)(1), consisting of the existing meet a design standard. compounded by existing night and night fleet of two-place ultralight-like Secondly, many expressed significant cross-country training requirements, gyroplanes, will be permitted to be used concern about the lack of pilot training which most gyroplane training aircraft for training for compensation or hire for and the lack of qualified flight are not equipped to accomplish. a 5-year period, similar to all other instructors available for gyroplanes. The Further, many gyroplane instructors are categories of light-sport aircraft. gyroplane industry submitted comments often not willing to endure the risk and Experimental light-sport gyroplanes, as requesting that the FAA consider the difficulty of conducting night cross- well as any experimental amateur-built

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light-sport gyroplanes, will be are typically addressed by the modified the automated procedure, authorized to be operated by a sport underlying pilot certificate. through Integrated Airman Certificate pilot to carry a passenger and to receive Additionally, § 61.101(d)(12) currently and/or Rating Application (IACARA), flight training. If the gyroplane industry states that a recreational pilot is for completing FAA Form 8710–11. develops an industry consensus prohibited from demonstrating an Pursuant to § 61.423, FAA Form standard through the ASTM process (as aircraft in flight to a prospective buyer. 8710–11 must be signed by the discussed under § 21.190), the FAA can The FAA maintains that aircraft recommending instructor. The applicant examine the safety performance of salespersons must hold at least a private must present this form to the authorized gyroplanes that are built according to pilot certificate to demonstrate an instructor conducting the proficiency that standard. If there are positive safety aircraft in flight to a perspective buyer. check. In accordance with § 61.423, the benefits for gyroplanes built to the With the addition of ratings at the authorized instructor conducting the consensus standard, the FAA may private pilot certificate level for weight- proficiency check must complete, sign consider future rulemaking that would shift-control aircraft and powered and submit FAA Form 8710–11 within permit gyroplanes built to the consensus parachutes, the regulations will now 10 days to the FAA upon satisfactory standard to receive a special light-sport permit appropriately rated private pilots completion of the proficiency check. aircraft airworthiness certificate under who are aircraft salespersons to The authorized instructor must retain a § 21.190 and also allow light-sport kit- demonstrate these categories of aircraft copy of the form and retain it for three built manufactured to a consensus in flight to prospective buyers. years in accordance with the standard to receive an experimental The FAA maintains that, for sales recordkeeping requirements of § 61.423. light-sport aircraft certificate under demonstrations that are not conducted by an aircraft salesperson, a sport pilot V.5.B. Part 61—Section-by-Section § 21.191(i)(2). The FAA may favorably Discussion consider petitions for exemption to or a recreational pilot can conduct this allow flight training in an aircraft built activity. Therefore, to ensure that Section 61.1 Applicability and to this standard to gain operational data recreational pilots have at least the same Definitions to support future rulemaking. privileges as sport pilots, the FAA is The FAA received comments on the If the gyroplane industry is unable to revising § 61.101(d)(12) to allow a definition of ‘‘cross-country’’ in agree on a consensus standard, the FAA recreational pilot to conduct sales § 61.1(b)(3). They also commented on will decide at that time whether to demonstration flights as long as the the provisions for pilotage, dead favorably consider petitions for pilot is not acting as an aircraft reckoning, electronic navigation aids, exemption to allow training in salesperson. radio aids, and other navigation experimental light-sport gyroplanes for systems, which were not revised under V.5.A.ix. Category and Class Discussion: the proposal. Commenters pointed out compensation or hire or alternative FAA Form 8710–11 Submission arrangements. In addition, the FAA will that the regulation would require need to evaluate the safety of continuing After further consideration of the training on each of these navigation the current exemption issued to the NPRM, the FAA is adding a requirement techniques and systems. The Popular Rotorcraft Association to to § 61.321 (proposed as SFAR No. 89 commenters said that training on each conduct training for compensation or section 63) to require that the holder of of these requirements could not be hire in experimental gyroplanes. a sport pilot certificate seeking to accomplished for weight-shift-control operate in an additional category or aircraft and powered parachutes. After V.5.A.viii. Demonstration of Aircraft to class of light-sport aircraft complete an considering the comments and Prospective Buyers application for those privileges on a becoming more familiar with powered Commenters suggested that the FAA form and in a manner acceptable to the parachute and weight-shift-control consider allowing aircraft salespersons FAA. The FAA expects that FAA Form aircraft during the development of the who are sport pilots, flight instructors 8710–11, Sport Pilot Certificate and/or practical test standards, the FAA with a sport pilot rating, or recreational Rating Application, will be used for this recognizes that training on each of these pilots to demonstrate aircraft in flight to process. Since the sport pilot certificate navigation techniques and systems prospective buyers after meeting does not list category and class should be required when appropriate. experience requirements similar to privileges, this form will be used to Most of these aircraft do not have any those for a private pilot under provide a record of the completed electronic navigation equipment or § 61.113(f). The commenters also proficiency check and will provide a radio aids and are not required to requested the FAA consider allowing a record available to the FAA and the demonstrate this for the issuance of a recreational pilot who is not an aircraft NTSB when conducting accident and sport pilot certificate. Therefore, the salesperson to demonstrate a light-sport incident investigations or enforcement FAA is changing the final rule to add aircraft to a prospective buyer because actions. Also it can provide a method the words, ‘‘as applicable’’ paragraph a similar privilege was proposed for for an airman to reconstruct a lost (b)(3)(iii)(B) and (iv)(B). This is also sport pilots. logbook, document endorsements that discussed above under ‘‘V.5.A.iii. Flight In section 75 of SFAR 89 (now establish additional category and class Training and Proficiency § 61.315(c)(9)), the FAA proposed that a privileges, or establish proof of required Requirements.’’ sport pilot who is not an aircraft endorsements for insurance purposes. The FAA also is adding a definition salesperson would be permitted to This requirement will also provide a of ‘‘student pilot seeking a sport pilot demonstrate a light-sport aircraft in method to gather additional data. certificate’’ to § 61.1. This definition is flight to a prospective buyer. The Although this will require that added to differentiate these student proposal, however, would not have additional paperwork be completed by pilots from other student pilots. The allowed a sport pilot who is an aircraft airmen and authorized instructors, the definition specifies that a student pilot salesperson to demonstrate a light-sport FAA believes that the requirement is seeking a sport pilot certificate either aircraft in flight to a prospective buyer. necessary, considering the previously receives an endorsement from a The FAA did not propose this privilege discussed benefits to the public and the certificated flight instructor with a sport for a flight instructor with a sport pilot government. To facilitate compliance pilot rating or an endorsement from a rating because these types of privileges with this requirement, the FAA has certificated flight instructor with other

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than a sport pilot rating, which includes paragraph is further amended to require operations existed. The FAA is now a limitation for the operation of a light- that persons using a current and valid aware that design innovation and new sport aircraft as specified § 61.89(c). See U.S. driver’s license meet certain use of existing technologies has allowed discussion of § 61.89(c) below. requirements. If a person has applied for manufactures to design a powered an airman medical certificate, that parachute with an inflatable wing that is Changes person must have been found eligible suitable for water operations. Therefore, The proposed amendments to § 61.1 for the issuance of at least a third-class the FAA is establishing both powered are adopted with formatting and airman medical certificate at the time of parachute-land and powered parachute- wording changes for improved his or her most recent application. If a sea class ratings in § 61.5. readability. In addition, the following person has been issued an airman Several commenters suggested adding changes are made. medical certificate, his or her most additional categories of aircraft to this The proposed amendment to recently issued airman medical section. All of these suggestions were to paragraph (b)(2)(iii) is not adopted in certificate must not have been add ultralight vehicles that the FAA has the final rule. As proposed, the suspended or revoked. If a person has stated will remain under part 103. Some amendment would have added a been granted an Authorization, that examples are paramotors, paragliders, reference to SFAR No. 89, the Authorization must not have been and unpowered foot-launched provisions of which are now withdrawn. Further, a person must not parachute aircraft. The FAA has been incorporated into part 61. Since existing know or have reason to know of any working closely with the ultralight § 61.1(b)(2)(iii) already contains a medical condition that would make him industry to establish common reference to part 61, the amendment is or her unable to operate a light-sport definitions and common industry no longer necessary. aircraft in a safe manner. standards for these vehicles. Additional In the final rule, paragraph (b)(3)(ii) Proposed SFAR No. 89 section 111 set categories and classes of aircraft may be introductory text is revised to add the forth medical provisions for flight addressed in future rulemaking. Existing words ‘‘(except for a powered parachute instructors with a sport pilot rating. The exemptions for tandem ultralight category rating)’’ after the words ‘‘for a provisions of current § 61.3(c)(2)(ii) training vehicles under part 103 may private pilot certificate.’’ This revision through (c)(2)(iv) address these flight also be revised to address these new is made because the definition of cross- instructors, and a rule change to categories and classes of aircraft. See the country time in paragraph (b)(3)(iv) incorporate proposed section 111 is not discussion under ‘‘III.5.A. Comments on addresses persons seeking a private therefore required. Ultralight Vehicles’’ and ‘‘III.5.B. Future See the discussion under ‘‘V.5.A.ii. pilot certificate with a powered Rulemaking on Ultralight Vehicles.’’ parachute category rating. Medical Provisions.’’ In addition, Proposed paragraphs (b)(3)(iii)(A) and § 61.23, which describes what a person Several other commenters requested (b)(3)(iv)(A) have been included in the needs to satisfy medical eligibility that the FAA consider commercial pilot introductory language of (b)(3)(iii) and requirements, is discussed below. certificates with category ratings for (b)(3)(iv) respectively. Proposed powered parachutes and weight-shift- Changes paragraphs (b)(3)(iii)(B) and (b)(3)(iv)(B) control aircraft. They thought that this are therefore adopted as (b)(3)(iii)(A) The medical provisions proposed in level of pilot certification would be and (b)(3)(iv)(A) respectively. SFAR No. 89 sections 15 and 111 are required when the FAA was ready to Proposed paragraphs (b)(3)(iii)(C) and transferred to § 61.3(c)(2) with the consider some limited commercial (b)(3)(iv)(C) are adopted as (b)(3)(iii)(B) following change. New language is operations for these new categories of and (b)(3)(iv)(B) respectively, and each added to provide that persons may not aircraft. The commenters pointed out is amended by adding the words ‘‘as use a current and valid U.S. driver’s that powered parachutes and weight- applicable.’’ license as evidence of medical shift-control aircraft are ideal for Paragraph (b)(15) is added to define qualification if his or her most recent sightseeing, crop dusting, pipeline and the term ‘‘student pilot seeking a sport application for an airman medical powerline patrols, aerial photography, pilot certificate.’’ certificate has been denied based on and traffic reporting. The FAA agrees being found not eligible for the issuance that limited types of commercial Section 61.3 Requirements for of at least a third-class airman medical operations may need to be considered in Certificates, Ratings, and Authorizations certificate, his or her most recently the future. If there is a need to require (Proposed as SFAR No. 89 Sections 15 issued airman medical certificate has a commercial pilot certificate for those and 111) been suspended or revoked, or his or types of operations, the FAA may The FAA received numerous her most recent Authorization has been initiate rulemaking for that purpose. comments on the topic of medical withdrawn. Further, that person must However, the FAA is not adding provisions. For a complete discussion of not know or have reason to know of any training and certification requirements the comments and the FAA’s responses, medical condition that would make him that will permit a person to add a see ‘‘V.5.A.ii. Medical Provisions.’’ or her unable to operate a light-sport powered parachute or weight-shift- In the final rule, the provisions of aircraft in a safe manner. control category rating to a commercial proposed SFAR No. 89 sections 15 and or airline transport pilot (ATP) 111 are found in §§ 61.3(c)(2) and Section 61.5 Certificates and Ratings certificate. 61.23(a), (b), and (c). Current Issued Under This Part Changes §§ 61.3(c)(2) excepts persons from Several commenters noted that the having to meet the airman medical proposed rule made no provisions for a In § 61.5, new paragraphs (b)(6)(i) and certificate requirements of the section in powered parachute-sea class rating. The (ii) are added to include class ratings for certain circumstances. That paragraph is FAA assumed that it was only necessary powered parachute land and powered amended in the final rule to include the to establish a powered parachute parachute sea, respectively. medical provisions found in proposed category rating and not establish In the final rule also corrects a SFAR No. 89 section 15 for student separate land and sea class ratings typographical error in the body of the pilots seeking a sport pilot certificate because the FAA was not aware that a rule text. The paragraph designated ‘‘(i) and for sport pilots. In addition, the powered parachute capable of water * * * (5) Sport pilot rating’’ should

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have read ‘‘(c) * * * (5) Sport pilot In addition, language is added to and class privilege when operating an rating.’’ paragraph (c)(2) to provide that persons experimental light-sport aircraft may not use a current and valid U.S. regardless of whether he or she is Section 61.23 Medical Certificates: driver’s license as evidence of medical carrying a passenger. The FAA agrees Requirement and Duration (Proposed as qualification if his or her most recent with these comments and proposed that SFAR No. 89 Sections 15, 35, and 111) application for an airman medical a sport pilot, regardless of whether he or The FAA received numerous certificate has been denied based on she is carrying a passenger, must hold comments on the topic of medical being found not eligible for the issuance a specific category and class privilege provisions. For a complete discussion of of at least a third-class airman medical prior to operating any light-sport the comments and the FAA’s responses, certificate, his or her most recently aircraft. If a sport pilot wishes to see ‘‘V.5.A.ii. Medical Provisions.’’ issued airman medical certificate has exercise category and class privileges in As noted above, in the final rule, the been suspended or revoked, or his or an aircraft with an experimental provisions of proposed SFAR No. 89 her most recent Authorization has been certificate, for which a category or class sections 15 and 111 are found in withdrawn. Further, that person must has not been established, the FAA will §§ 61.3(c)(2) and 61.23(a), (b), and (c). not know or have reason to know of any specify in the aircraft’s operating Among other things, § 61.23 describes medical condition that would make him limitations the specific category and which operations do and do not require or her unable to operate a light-sport class rating required to operate that an airman medical certificate. In the aircraft in a safe manner. aircraft. The category and class specified final rule, the FAA is adding new will be based on the category and class Section 61.31 Type Rating paragraph (c) to describe operations that of an aircraft that has operating Requirements, Additional Training, and require either an airman medical characteristics similar to that new Authorization Requirements certificate or a U.S. driver’s license. The aircraft. The FAA has the authority to FAA notes that the final rule includes Paragraph (k)(1) is amended in the limit the carriage of a passenger in the a provision that all restrictions listed on final rule to incorporate powered aircraft’s operating limitations if this is a current and valid U.S. driver’s license, parachutes and weight-shift-control necessary for safe operation. as well as those imposed by judicial and aircraft in the list of aircraft for which The FAA also considered whether a administrative order, apply at all times a category and class rating is not pilot holding a recreational pilot when a U.S. driver’s license is used to required if the aircraft is not type- certificate or higher, while operating an meet the requirements of this section. certificated. The FAA recognized this experimental aircraft without a This is also established under the oversight and is correcting it. passenger, should be required to hold a privileges and limits for a sport pilot in Additionally, the FAA is making an category and class rating. The FAA does § 61.315(c)(17). This intent was editorial change to remove a reference to not believe that this is necessary at this discussed in the preamble of the NPRM the class rating for gliders because this time. The FAA did not receive any for proposed SFAR No. 89 sections 15 class rating no longer exists. information from commenters to and 35. Under § 61.31(k)(2)(iii), the FAA support requiring a category and class In addition, paragraph (c)(2) is further proposed that, when conducting an rating while operating an experimental amended to require that persons using operation while carrying passengers, the aircraft without a passenger. For a current and valid U.S. driver’s license holder of a pilot certificate must have a operations without a passenger, the meet certain requirements. A person category and class rating when FAA will continue to address on a case- using a driver’s license who has recently operating an aircraft with an by-case basis the specific requirements applied for an airman medical experimental certificate or provisional for category and class ratings through certificate must have been found eligible type-certificate. A few commenters said the operating limitations issued for each for the issuance of at least a third-class that this change would be unnecessary. experimental aircraft. airman medical certificate. If a person They believed that if a person is To ensure that pilots currently has been issued an airman medical qualified to fly an experimental aircraft, operating under the existing certificate, his or her most recently he or she should be qualified to carry § 61.31(k)(2)(iii) comply with its revised issued airman medical certificate must passengers, regardless of whether he or provisions, the FAA is establishing a not have been suspended or revoked. If she holds a category and class rating. method for giving credit for previous a person has been granted an The FAA disagrees with these experience gained in an experimental Authorization, his or her most recent comments. The operation of aircraft. This is established in the Authorization must not have been experimental aircraft by pilots without amendments to §§ 61.63(k) and withdrawn. Further, a person must not appropriate category and class ratings 61.165(f). Certificated pilots holding a know or have reason to know of any was previously allowed under recreational pilot certificate or higher medical condition that would make him § 61.31(k)(2)(iii), and the operating who do not have a category and class or her unable to operate a light-sport limitations for those aircraft permitted rating to operate the experimental aircraft in a safe manner. the carriage of passengers. However, the aircraft, may apply for a category and FAA believes that, in the interest of class rating with the limitation Changes safety, a category and class rating is ‘‘experimental aircraft only,’’ and a The medical provisions proposed in necessary when carrying a passenger, designation for the make and model SFAR No. 89 sections 15, 35, and 111 regardless of the aircraft’s airworthiness aircraft authorized to be operated. Pilots are transferred to §§ 61.3 and 61.23. certificate. This is because there is an seeking this privilege must have logged Under § 61.23(c)(2)(i), a requirement is increase in the number of experimental at least 5 hours of pilot-in-command added that each restriction and aircraft being operated in the NAS, and time in the same category, class, make, limitation, including those imposed by increased numbers of accidents have and model of aircraft issued an judicial and administrative order on a been attributed to a lack of category and experimental certificate. The applicant current and valid U.S. driver’s license, class ratings. is required to receive a logbook apply at all times when a U.S. driver’s A few commenters, including the endorsement from an authorized flight license is used to meet the requirements NTSB, suggested that a sport pilot instructor who has determined that he of this section. should be required to hold a category or she is proficient to act as pilot in

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command of the same category and class Section 61.45 Practical Tests: Required that has a single seat. The FAA notes of aircraft. Finally, the 5 hours of flight Aircraft and Equipment that an ultralight pilot who is currently time must be logged between September Currently, an applicant for a operating a single-seat ultralight-like 1, 2004 and August 31, 2005. Upon certificate or rating must furnish an aircraft that does not meet the definition satisfaction of these requirements, the aircraft of U.S. registry with an of an ultralight vehicle will need to take FAA will issue the applicant a new pilot airworthiness certificate and in a a practical test to be issued a sport pilot certificate with the additional category category specified in § 61.45(a) to certificate to operate that light-sport and class rating and the limitation conduct a practical test. Commenters aircraft. According to information the ‘‘experimental aircraft only’’ without noted that the FAA did not propose a FAA received from manufacturers, there are a number of pilots who intend to any further testing. change to this section to allow use of purchase single-seat light-sport aircraft, The FAA believes that the 5 hours of light-sport category aircraft. The FAA is rather than ultralight vehicles, and this pilot-in-command time received within therefore adding references to ‘‘light- provision will allow them to take the the 12-month window ensures recent sport category’’ to paragraphs (a)(1)(ii) practical test for the sport pilot experience in the category and class of and (a)(2)(i) to correct this oversight. certificate in these aircraft without experimental aircraft that the applicant First, in paragraph (a)(1)(ii), the FAA incurring the cost of additional training intends to operate. This, combined with will allow an applicant to use a light- and testing in a two-seat light-sport an endorsement from a flight instructor, sport category aircraft for a practical test gives the FAA confidence that the aircraft. because light-sport category aircraft are In the past, the FAA has encountered applicant has the necessary skills to designed and manufactured to an FAA- continue operating that make and model situations where pilots sought type accepted consensus standard. Therefore, ratings or letters of authorization in lieu of experimental aircraft safely. The FAA for the purpose of conducting the entire believes this is sufficient to allow these of type ratings in aircraft not designed flight segment of a practical test, these for two occupants. Testing in those pilots who have been previously aircraft are considered equivalent to an operating without a category and class aircraft has been accomplished in aircraft issued a standard, limited, or accordance with established FAA rating under the current regulation to primary category certificate. continue operations safely. The FAA guidance. In these cases, testing Second, to address the addition of procedures include observation from the believes that it would be an unnecessary light-sport category aircraft to paragraph additional burden in these cases to ground or from chase airplanes. (a)(1)(ii), the FAA is providing in The FAA believes that with certain require fulfilling the otherwise paragraph (a)(2)(i), that, at the discretion limitations, it is appropriate to allow the applicable testing requirements for a of the examiner, an applicant may also practical test for a sport pilot certificate category and class rating. use an aircraft other than one in the to be conducted from the ground by a A few commenters, including the standard, limited, or primary category, DPE or an FAA inspector. An examiner NTSB, noted that in the proposed rule which are currently required by must agree to conduct the practical test language for § 61.31(k)(2), the FAA did (a)(1)(ii), or a light-sport category in a single seat aircraft and must ensure not recognize that the holder of a sport aircraft. This makes it possible for an that the practical test is conducted in pilot certificate may operate an aircraft applicant to use an aircraft with an accordance with the sport pilot practical without having the appropriate category airworthiness certificate other than that test standards for single seat aircraft. or class rating on the sport pilot specified in paragraph (a)(2)(i) for a The pilot will have a limitation placed certificate. This was an oversight. A practical test. An examiner could, on his or her sport pilot certificate sport pilot has category and class therefore, permit the use of an limiting operations to a single-seat light- privileges that are authorized through experimental aircraft for a practical test. sport aircraft, and he or she will not be endorsements and annotated in the The FAA is leaving use of such an authorized to carry passengers. Only a pilot’s logbook; therefore, an exception aircraft to the discretion of the examiner DPE or an FAA inspector is authorized must be made in this section for a sport because experimental aircraft are not to remove the limitation. This can be pilot. Accordingly, the FAA is adding designed or manufactured to a specific accomplished when the sport pilot takes § 61.31(k)(2)(vi). regulatory standard. a practical test in a two-place light-sport Changes Several commenters stated that the aircraft and conducts additional tasks FAA should modify the regulations to identified in the practical test standards. Paragraph (k)(1) is amended in the allow the practical test to be It can also be accomplished if the sport final rule to incorporate powered administered in a single-seat aircraft. pilot completes the certification parachutes and weight-shift-control They indicated that there are many requirements for a higher certificate, aircraft in the list of aircraft for which existing single-seat gyroplanes, fixed- rating, or privilege in a two-place a category and class rating is not wing aircraft, powered parachutes, and aircraft. required if the aircraft is not type- weight-shift-control unregistered The FAA received several comments certificated. Additionally, the FAA is ultralight-like aircraft that will be asking how a flight review required by making an editorial change to remove operated under this rule. The § 61.56 would be accomplished in a the class rating for gliders because this commenters said that revising § 61.45 to single-seat aircraft. A sport pilot who is class rating no longer exists. In allow practical tests in these aircraft issued a certificate with a single-seat paragraph (k)(2)(iii), the words would help many pilots that are flying limitation must complete a flight review ‘‘experimental or provisional aircraft single-seat unregistered ultralight-like every 24 calendar months, as required type certificate, unless the operation aircraft to obtain their sport pilot by § 61.56. The flight review is required involves carrying passengers’’ are certificates without incurring the cost of to establish that a sport pilot still designated as paragraphs (A) and (B) training and testing in a two-seat aircraft maintains the knowledge and skills to and corrected to read ‘‘(A) A provisional with which they are not familiar. exercise sport pilot privileges. There are type certificate; or (B) An experimental The FAA agrees with the commenters several methods for accomplishing a certificate, unless the operation involves and is establishing in § 61.45(f) specific flight review under § 61.56. If the flight carrying a passenger.’’ requirements to allow a practical test to review will be accomplished in an New paragraph (k)(2)(vi) is added. be conducted in a light-sport aircraft aircraft, it must be in an aircraft with a

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minimum of two seats, in which the described the kinds of documents that In addition, the FAA is also now pilot is rated, and with an authorized would have been accepted as allowing crediting of ultralight instructor. In addition, the flight review documented proof. experience to qualify for glider or must be conducted with a current and unpowered ultralight towing under Section 61.52 Use of Aeronautical qualified authorized instructor who § 61.69. The experience must be Experience Obtained in Ultralight must act as pilot in command during the properly documented. This section Vehicles (Proposed SFAR No. 89 conduct of the flight. Therefore, a flight permits the experience gained in an Sections 135, 153, 175, 177, and 179) review cannot be conducted in a single ultralight vehicle to be credited only seat aircraft. The proposed requirements in SFAR toward a certificate, rating, or privilege No. 89 sections 135, 153, 175, 177 and when that experience was obtained in a Changes 179 for using aeronautical experience category and class of vehicle Paragraphs (a)(1)(ii) and (a)(2)(i) are obtained in ultralight vehicles (to corresponding to the rating or privileges revised to add the words ‘‘light-sport include two-seat ultralight trainers) and sought. It does not allow crediting of category.’’ for logging aeronautical experience to time toward private pilot privileges Paragraph (b)(1)(iii) is revised to add meet the requirements for a sport pilot other than weight-shift-control and an exception to new paragraph (f). certificate or for a flight instructor powered parachute. Paragraph (f) is added to allow certificate with a sport pilot rating are Many commenters suggested that the practical tests in a single-seat light-sport moved to new § 61.52. FAA allow sport pilots to conduct aircraft. The FAA received one comment that towing operations. The FAA believes stated that the agency should not allow Section 61.51 Pilot Logbooks that this privilege should be limited to the crediting of ultralight flight time (Proposed SFAR No. 89 Sections 67, individuals with at least a private pilot towards higher certificate levels. That 131, 171, 173, and 175) certificate. This portion of the rule commenter, however, provided no remains unchanged. In the final rule, requirements justification to support this comment. The FAA recognizes that towing of proposed in SFAR No. 89 sections 67, The FAA does not agree with this light-sport aircraft is done almost 131, 171, 173, and 175 are transferred to commenter, and the final rule will exclusively by weight-shift-control and § 61.51 with minor wording changes. permit aeronautical experience obtained fixed-wing ultralights. Larger aircraft are Several commenters expressed concern in an ultralight vehicle to be credited not used because of the speed about the ability to carry a logbook in towards a sport pilot certificate, a flight differential between the towing aircraft an open-cockpit aircraft. They suggested instructor certificate with a sport pilot and the aircraft being towed. The FAA that the FAA not require this. The FAA rating, and a private pilot certificate also recognizes that limiting towing to agrees with the commenters’ concerns with a weight-shift-control or powered pilots with a private pilot certificate or and notes that the proposed rule parachute category rating. It will also higher may inhibit towing operations. permitted pilots to carry either their permit aeronautical experience obtained This rule provides partial relief because logbooks or documented proof of all in a two-seat ultralight trainer to be of the ability of current weight-shift- required endorsements on all flights. credited toward these certificates and control and powered parachute pilots to See the discussion of proposed SFAR ratings. credit their time in ultralight vehicles No. 89 section 67 in the NPRM for a The FAA received many other toward the new categories of private complete discussion on what the FAA comments that suggested the FAA pilot certificates. Further, such pilots intended by ‘‘documented proof.’’ In the should allow crediting of flight time will be able to credit their time towards final rule, the FAA is changing the towards other certificate levels and that needed to qualify for towing under words ‘‘documented proof of all additional privileges. The FAA partially § 61.69 in accordance with § 61.52. required endorsements’’ to ‘‘other agrees with these commenters and is The FAA has considered allowing the evidence of required authorized changing the final rule to allow same sort of credit for fixed-wing instructor endorsements.’’ This language crediting of ultralight aeronautical ultralight pilots to meet the more closely corresponds to language experience not only toward a sport pilot requirements of a private pilot contained in current § 61.51(i). In certificate, as proposed in the NPRM, certificate with aircraft category ratings. addition, the FAA is not adopting the but also toward a flight instructor However, this crediting was viewed as sentence in the NPRM that read, certificate with a sport pilot rating, and a significant change to the aeronautical ‘‘Documented proof includes a a private pilot certificate with a weight- experience requirements for this photocopy of the logbook endorsements shift-control or powered parachute certificate. The FAA considered such a or a pre-printed form that includes the category rating. This will allow change outside the scope of the original endorsements.’’ Instead, the FAA will individuals who have gained experience proposal and significant enough to issue guidance material that will in ultralight vehicles while operating justify full public notice and comment. provide examples of what documents with an FAA-recognized ultralight The FAA expects to address this issue will be considered acceptable as organization to receive credit for that in a separate future rulemaking and may evidence. experience. favorably consider exemptions to this In the NPRM, the FAA allowed rule. See also the more detailed Changes crediting of ultralight experience to discussion of towing by persons with at The provisions of proposed SFAR No. meet the requirement that, before least a private pilot certificate under 89 sections 67, 131, 171, 173, and 175 providing flight training, a flight § 61.69. are transferred to § 61.51 with the instructor with a sport pilot rating must Under new § 61.52, the FAA will following changes. The words log at least 5 hours of flight time in the allow experience obtained in ultralight ‘‘documented proof of all required make and model of light-sport aircraft in vehicles to meet the requirements of endorsements’’ are changed to ‘‘other which flight training is to be conducted. § 61.69. Much of this experience has evidence of required authorized The FAA is now establishing the been gained under an exemption that instructor endorsements.’’ In addition, provisions to credit this experience to has been managed successfully by the the FAA is not adopting the sentence in meet the requirements of § 61.415(e) in USHGA for the last 20 years. Crediting proposed section 67 that would have § 61.52(b). of this experience will allow most

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ultralight pilots currently conducting knowledge, flight proficiency, and rule would have a crippling economic towing operations in weight-shift- aeronautical experience requirements effect on hang glider and paraglider control ultralights under that exemption for the issuance of the rating do not training. to meet most of the minimum apply. This flight time must be logged Similarly, many commenters noted requirements for a private pilot between September 1, 2004 and August that prohibiting hang glider and certificate with a weight-shift-control 31, 2005. Similar provisions are enacted paraglider towing by ultralights would aircraft category rating and the for persons holding airline transport eliminate the sport of hang gliding and additional towing experience pilot certificates in § 61.165(f). A pilot paragliding in areas of the country requirements under § 61.69. who meets these requirements will be without elevated terrain. In areas with a Additionally, those who hold at least a issued an appropriate category and class relatively flat topography, such as private pilot certificate will be eligible rating limited to a specific make and Florida, towing by ultralights is the only to credit their ultralight towing model of experimental aircraft. See the means of launching a hang glider or experience in a weight-shift-control discussion of § 61.31. paraglider. Many commenters who are hang glider and paraglider instructors ultralight vehicle towards the towing Changes experience requirements of § 61.69. For and ultralight tow pilots in Florida were more information on crediting flight Existing paragraph (k) is redesignated concerned that the proposed rule would time obtained in ultralight vehicles, as (l), and a new paragraph (k), Category permanently curtail their operations. refer to the discussion of § 61.329. class ratings for the operation of aircraft Many commenters noted that hang with experimental certificates, is added glider and paragliding towing by Changes for certificated pilots holding a ultralights has contributed to the growth The proposed requirements in SFAR recreational pilot certificate or higher of the sport, and that the proposed rule No. 89 sections 135, 153, 175, 177, and who do not have a category and class would jeopardize the future of the sport. 179 are moved to new § 61.52 with the rating to operate a specific make and They also noted that eliminating hang following change. model of experimental aircraft. They glider and paraglider towing by In paragraph (a)(3), language is added may apply for a category and class ultralights would prohibit the display of to establish that a person may use rating limited to a specific make and hang gliders and paragliders at aeronautical experience obtained in an model of experimental aircraft. airshows, where foot launches usually cannot be accomplished. Commenters ultralight vehicle to meet the Section 61.69 Glider and Unpowered added that this would further reduce the requirements for a private pilot Ultralight Vehicle Towing certificate with a weight-shift-control or exposure of the sport and limit its powered parachute category rating. One of the most common issues growth potential. addressed by commenters was the The FAA agrees with the commenters’ Section 61.53 Prohibition on towing of hang gliders, paragliders, and suggestions that light-sport aircraft Operations During Medical Deficiency gliders by either ultralight vehicles or should be permitted to be used for (Proposed as SFAR No. 89 Section 17) light-sport aircraft. Of the approximately towing operations. The FAA recognizes The FAA received numerous 4,700 comments received, 691 related to that towing operations have been comments on the topic of medical eliminating exemptions from §§ 91.309 conducted safely for over 20 years using provisions. For a complete discussion of and 103.1(b). These exemptions allow ultralight-like aircraft, which now will the comments and the FAA’s responses, ultralight pilots to use ultralight be certificated as light-sport aircraft. see ‘‘V.5.A.ii. Medical Provisions.’’ vehicles to tow hang gliders. In These same aircraft have been operated addition, 607 comments related to safely under an exemption from Changes proposed SFAR No. 89 section 73 §§ 91.309 and 103.1(b) held by the The applicable medical provisions (b)(12), which would have prohibited USHGA since 1984. proposed in SFAR No. 89 section 17 are the towing of any object, including a The existing fleet of ultralights transferred to § 61.53(c) without hang glider, paraglider, or glider towing conducting towing operations consists substantive change. by a light-sport aircraft. The vast of fixed-wing ultralight-like aircraft, majority of these commenters opposed which the industry refers to as ‘‘tugs,’’ Section 61.63 Additional Aircraft the proposed rule. and weight-shift-control aircraft, both of Ratings (Other Than on an Airplane Most commenters stated that the which are specifically designed and Transport Pilot Certificate) proposed rule would adversely affect equipped to withstand the load of The FAA is adding a new paragraph the safety of training in unpowered towing hang gliders, gliders, and (k) to § 61.63 to assist pilots currently ultralights, such as hang gliders and paragliders. These aircraft must meet operating under § 61.31(k)(2)(iii) paragliders. Without the availability of the requirements of § 91.309. The FAA without a category and class rating to hang glider and paraglider towing by will issue additional guidance material comply with the new provisions of that ultralights, most commenters noted that to ensure that the aircraft are designed, paragraph. The revision to the only way to learn to fly a hang glider equipped, and maintained, and operated § 61.31(k)(2)(iii) and (k)(2)(vi) require a or paraglider is to perform a foot launch safely. The FAA has not limited the category and class rating for the holder from an elevated location. Many period during which the small existing of a recreational pilot certificate or commenters also noted that these flights fleet of experimental light-sport aircraft higher when that pilot operates an usually would be conducted without an that will be used for this purpose. These aircraft with an experimental certificate instructor, unlike flights in which aircraft may be used for towing unless and carries a passenger. To receive a towing is involved. Therefore, many the FAA issues an operating limitation category and class rating to operate commenters argued, that without the prohibiting this activity. these aircraft, a person must log at least benefits of being towed by an ultralight Newly manufactured aircraft issued a 5 hours of flight time while acting as and the ability to receive tandem special airworthiness certificate in the pilot in command in the same category, instruction while airborne, few people light-sport category that will be used for class, make, and model of experimental would endeavor to learn how to fly hang towing will be designed and aircraft and receive an appropriate gliders or paragliders. These manufactured to meet criteria endorsement. Other aeronautical commenters stated that the proposed established in the consensus standard. If

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the FAA determines that the aircraft was Section 61.87 Solo Requirements for pilots seeking a sport pilot certificate are not manufactured in accordance with a Student Pilots (Proposed as SFAR No. moved to § 61.89. consensus standard that identifies 89 Section 33(a), (b), and (c)) Proposed section 35(e) of SFAR No. aircraft requirements for towing, the Under section 33 of SFAR No. 89, the 89 would have limited the maximum aircraft will be issued an operating FAA proposed solo and solo-cross speed a student pilot could operate a limitation prohibiting the conduct of country requirements for student pilots light-sport aircraft to 87 knots CAS. towing operations. The FAA will not operating light-sport aircraft. In the final There were many comments on this authorize experimental light-sport kit rule, the pre-solo flight training issue, and they criticized the proposed requirement as not being in the interest aircraft to be used to conduct these provisions are located in § 61.87. Also, of safety and being unnecessarily types of operations. When an the FAA has moved the cross-country flight training requirements for student restrictive of the manner in which a experimental or a special light-sport student pilot can learn to fly a light- aircraft is used in towing operations for pilots seeking a sport pilot certificate with privileges in a weight-shift-control sport aircraft. Nearly all of the compensation or hire, these aircraft commenters disagreed with the need for must also meet the 100-hour condition aircraft and a powered parachute to § 61.93. Student pilots, student pilots such a limit, and many commenters inspection requirement established for suggested that stall speed has a far experimental and special light-sport seeking a sport pilot certificate, and other pilots seeking privileges or a greater impact on safety than maximum aircraft in §§ 91.319(g) and 91.327(c), rating in a weight-shift-control aircraft speed. One commenter noted that this respectively. or a powered parachute will be trained section would require instructor pilots While a substantial number of to the same standard prior to conducting to use two sets of aircraft for instruction, commenters suggested that sport and solo or solo cross-country flight thus increasing the cost of training. recreational pilots be allowed to operations. This is consistent with the Several commenters suggested that it is conduct towing operations for solo and solo cross-country flight- safer for a student to train in the same aircraft he or she will later fly. compensation or hire, the FAA training requirements for all student The FAA agrees with commenters and pilots training in other categories of maintains that only private pilots or is eliminating this limitation. Each higher should be permitted to conduct aircraft. After considering the comments and student pilot must have a specific make these types of operations. Under § 61.69, and model endorsement on his or her only a private pilot or higher can tow a becoming familiar with powered parachutes during the development of student pilot certificate authorizing solo glider and is authorized to conduct flight, appropriate to the aircraft being towing operations for compensation or the practical test standards, the FAA recognizes that the requirements for operated. For each category, class, and hire under § 61.113. The FAA is revising make and model of light-sport aircraft a the final rule to allow ultralight vehicle student pilots training on meta-stable stalls and partial canopy collapses student pilot operates that exceeds 87 pilots, qualified under an FAA- should be revised. knots CAS, he or she will get additional recognized ultralight organization, to In addition, to specify that the training. Therefore, imposing a speed credit experience under § 61.52 towards maneuvers and procedures for pre-solo limit of 87 knots CAS on student pilot a private pilot certificate and towards flight training listed in this section also seeking a sport pilot certificate is the experience requirements of § 61.69. apply to student pilots seeking sport unnecessary. The FAA is identifying the With the addition of a rating at the pilot privileges in single-engine specific limitations that only apply to a private pilot certificate level for weight- airplanes, gyroplanes, gliders, airships, student pilot seeking a sport pilot shift-control aircraft, the regulations and balloons, the FAA is adding the certificate in paragraph (c) of § 61.89. will now accommodate these types of words ‘‘or privileges’’ after the word All other limitations on student pilots aircraft that will be used for towing ‘‘rating’’ in the introductory text of are noted in current paragraphs (a) and operations under this new regulatory paragraphs (d), (g), (i), (j), and (k). (b) of § 61.89. These limitations also framework. For a complete discussion on specific apply to student pilots seeking a sport changes to training and proficiency pilot certificate. The FAA notes that for towing New paragraph (c) of § 61.89 operations that are not conducted for requirements please refer to ‘‘V.5.A.iii. Flight Training and Proficiency identifies those restrictive privileges compensation or hire, a pilot is still Requirements.’’ and limitations that distinguish a required to meet the minimum student pilot seeking a sport pilot requirements established in § 61.69. Changes certificate from other student pilots. Therefore, the FAA does not believe it The proposed provisions of SFAR No. This paragraph specifies that a student is necessary to allow a sport or 89 section 33(a), (b), and (c) are pilot seeking a sport pilot certificate recreational pilot to conduct towing transferred to new paragraphs (l) and may fly only a light-sport aircraft and is operations. (m) of § 61.87. The provisions are prohibited from flying at night and See discussions under §§ 61.113, modified to remove the powered above 10,000 feet MSL. The paragraph 91.319, and 91.327 for more information parachute pre-solo flight training also restricts the classes of airspace and types of airports a sport pilot seeking a on changes made regarding private requirements pertaining to recovery sport pilot certificate may use without pilots using powered ultralight vehicles from partial canopy collapse, meta- receiving additional training and an to tow. stable stalls and avoidance. In addition, the words ‘‘or privileges’’ endorsement. Training for a sport pilot Changes are added after the word ‘‘rating’’ in the certificate does not include training for introductory text of paragraphs (d), (g), operating in Class B, C, and D airspace Section 61.69 is revised to permit (i), (j), and (k). and airports, and in other airspace and towing of unpowered ultralight vehicles airports with operational control towers by holders of at least a private pilot Section 61.89 General Limitations because, unlike other student pilots, certificate. In addition, all references to (Proposed as SFAR No. 89 Section 35) sport pilots do not have those additional ‘‘gliders’’ are changed to ‘‘gliders or The proposed general limitations in privileges. These are additional unpowered ultralight vehicles.’’ SFAR No. 89 section 35 for student privileges that are granted with the

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appropriate additional training and approach, and landing procedures, also apply to recreational pilots. endorsements established in § 61.94 for including crosswind approaches and Although the requirements of § 61.94 student pilots seeking a sport pilot landings was not addressed in the are more stringent than those found in certificate and in § 61.325 for a sport NPRM. Therefore, these provisions are § 61.95, the requirements to permit the pilot. added to paragraph (m) of § 61.93. In conduct of operations in Class B For a complete discussion of changes addition, a new solo cross-country flight airspace are equivalent for pilots made to training and proficiency training requirement for takeoff, affected by either section. For complete requirements, refer to ‘‘V.5.A.iii. Flight approach, and landing procedures in a discussion of changes made to this Training and Proficiency powered parachute (without a section, see ‘‘V.5.A.v. Changes to Requirements.’’ requirement for crosswind approaches Airspace Restrictions.’’ Changes and landings) is added to paragraph (l) of § 61.93. The crosswind takeoff and Changes The FAA is transferring the landing requirements were not The proposed provisions of SFAR No. provisions of proposed SFAR No. 89 addressed in this section because 89 section 37 are transferred to new section 35 to new paragraph (c) of powered parachutes are not designed for § 61.94 with the words ‘‘to, from, § 61.89. Other limitations from SFAR crosswind takeoffs and landings. through, or at an airport having an No. 89 section 35 are found in For a complete discussion on specific operational control tower’’ added, and paragraphs (a) and (b) of the existing changes to training and proficiency with other minor wording changes. In rule. Also, the 87-knot CAS speed requirements please refer to ‘‘V.5.A.iii. addition, the heading and paragraph (a) restriction on student pilots seeking a Flight Training and Proficiency are revised to include the words ‘‘or sport pilot certificate is removed from Requirements.’’ recreational pilot.’’ the final rule. Changes Section 61.95 Operations in Class B Section 61.93 Solo Cross-Country The proposed provisions of SFAR No. Airspace and at Airports Located Within Flight Requirements (Proposed as SFAR Class B Airspace No. 89 Section 33(d), (e), and (f)) 89 section 33(d), (e), and (f) are transferred to paragraphs (l) and (m) of The FAA did not propose to amend Under section 33 of SFAR No. 89, the § 61.93 with the following changes. The § 61.95; however, the FAA is amending FAA proposed solo and solo cross- requirement for training with the aid of this section to exclude a student pilot country flight training requirements for a magnetic compass has been revised, seeking a sport pilot certificate or a student pilots. In the final rule, the solo and the words ‘‘as appropriate’’ are recreational pilot certificate. New cross-country flight training provisions added to (l)(1) and (m)(1). § 61.94 is added that contains are located under § 61.93. By moving In paragraph (l)(11), a provision for requirements for a student pilot seeking the solo cross-country flight training takeoff, approach, and landing a sport pilot certificate or a recreational requirements into the existing sections procedures is added. pilot certificate wishing to obtain of part 61, both sport pilots and private In paragraph (m)(11), a provision for privileges to operate in Class B airspace pilots seeking either privileges or a takeoff, approach, and landing or at an airport located in Class B rating in a weight-shift-control aircraft procedures, including crosswind airspace. See discussion under ‘‘V.5.A.v. or a powered-parachute will be trained approaches and landings, is added. Changes to Airspace Restrictions.’’ to the same standard prior to conducting solo cross-country operations. This is Section 61.94 Student Pilot Seeking a Changes Sport Pilot Certificate or a Recreational consistent with the solo cross-country Paragraph (c) is added to § 61.95 to flight training requirements for all other Pilot Certificate: Operations at Airports Within, and in Airspace Located Within, provide that the section does not apply categories of aircraft. to a student pilot seeking a sport pilot After considering the comments and Class B, C, and D Airspace, or at Airports With an Operational Control certificate or a recreational pilot becoming familiar with powered certificate. parachute and weight-shift-control Tower in Other Airspace (Proposed as aircraft during the development of the SFAR No. 89 Section 37) Section 61.99 Aeronautical Experience practical test standards, the FAA The FAA is adopting this section with The FAA did not receive any recognized that dead reckoning should minor wording changes. The FAA comments on this section. require the aid of a magnetic compass, recognizes that operational control although one is still not required for towers may be located in other than Changes pilotage. The FAA is therefore adding Class B, C, or D airspace. To ensure that The proposed amendment is adopted the words ‘‘as appropriate’’ to paragraph a student pilot seeking a sport pilot without change. (l) to allow latitude in determining certificate or a recreational pilot has when this requirement must be met. adequate training to safely operate Section 61.101 Recreational Pilot Upon further consideration, the FAA within such airspace and at airports Privileges and Limits realizes it should have included located within that airspace, the FAA is There were several comments different solo cross-country training adding language to require that the requesting that the FAA expand the requirements for weight-shift-control training specified within § 61.94 be privileges for holders of a recreational aircraft and powered parachutes that completed before such operations are pilot certificate. Most of these comments were consistent with the solo cross- conducted. suggested expanding the distance country flight training requirements for To facilitate changes made to recreational pilots may fly without all other categories of light-sport § 61.101, which permit recreational meeting the requirement of § 61.101 (c) aircraft. When the FAA began pilots with sufficient training to operate and allowing recreational pilots to meet incorporating these requirements into in Class B, C, and D airspace, at an the same medical certification the section, the agency determined that airport located in Class B, C, or D requirements as sport pilots. the solo cross-country flight training airspace, or to, from, through, or at an Several commenters favored requirements for operations in a weight- airport having an operational control extending proposed sport pilot medical shift-control aircraft for takeoff, tower, the requirements of § 61.94 will provisions to holders of higher-level

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pilot certificates. These commenters of conducting towing operations be words ‘‘to, from, through, or at an contended that the same reasoning and added to recreational pilot certificate, airport having an operational control justification proposed for sport pilots see the discussion of § 61.69. tower.’’ should apply to other pilots. They noted Finally, many commenters suggested Section 61.107 Flight Proficiency that recreational pilots are subject to that recreational pilot be allowed to many of the same operating limitations exercise the privileges of sport pilots. As discussed in § 61.5 above, based as sport pilots. These include limits on The FAA is revising the final rule under on several comments, the FAA is adding carrying passengers, use of other than § 61.303 to allow a recreational pilot to a powered parachute—sea rating. fixed-gear aircraft, and prohibitions on exercise sport pilot privileges if he or Therefore, the FAA is changing § 61.107 flight between sunrise and sunset, and she has received the cross-country to establish the appropriate flight when flight or surface visibility is less training required in § 61.101(c) and proficiency training necessary for than 3 statue miles. Therefore, the holds any other endorsements required seaplane base operations. commenters believe recreational pilots by subpart J of part 61. The cross- In addition, the FAA is removing should not be subject to current medical country training required in § 61.101(c) proposed paragraph (b)(9)(viii), which requirements that are more stringent will provide a recreational pilot with at would have required a person to receive than those for sport pilots. They least the same minimum cross-country and log ground and flight training in suggested that the FAA review sport training that a sport pilot must meet to slow flight and stalls for a powered pilot data over time and consider be eligible for this certificate. For a parachute rating. See discussion under allowing recreational pilots to meet the discussion of the changes related to this, ‘‘V.5.A.iii. Flight Training and sport pilot medical requirements that see § 61.303. Proficiency Requirements.’’ When drafting the NPRM, the FAA are adopted under this rule. Changes The FAA did not consider expanding did not establish aeronautical the applicability of the proposed sport knowledge, flight proficiency, and In the final rule, paragraph (b)(9)(iii) pilot medical requirements in this aeronautical experience requirements is changed to require flight proficiency rulemaking action, nor would it be for recreational pilots to obtain category training in seaplane base operations for within the scope of this action to do so. and class ratings in powered parachutes a powered parachute—sea rating. In The FAA agrees with commenters that and weight-shift-control aircraft. The addition, proposed paragraph (b)(9)(viii) the agency must gain experience with proposal, however, did not revise is not adopted, and paragraphs (ix) sport pilot medical requirements, but § 61.101(d)(2) to prohibit recreational through (xi) are redesignated as (viii) the FAA will not consider extending pilots from acting as pilot in command through (x) respectively. these provisions beyond sport pilots and of these aircraft. As the FAA will not Section 61.109 Aeronautical will not grant any petitions for issue ratings for recreational pilots to Experience exemption or rulemaking requesting operate these aircraft, the FAA is adding that it do so at this time. a limitation to § 61.101(d)(2) to Several commenters noted that The FAA notes that it is not within specifically prohibit recreational pilots powered parachutes are not properly the scope of this rulemaking to make from acting as pilot in command of a equipped to engage in operations at substantive changes to the privileges of powered parachute or a weight-shift- night. These commenters suggested that a recreational pilot, except where such control aircraft. the requirement for night flight training changes are necessary to maintain In drafting the NPRM, the FAA did be eliminated. The FAA agreed with consistency with the privileges for sport not consider the fact that operational these commenters and although the pilots provided under the final rule. The control towers may, on occasion, be FAA will not remove the requirement FAA also notes that, because located in Class G or E airspace. To for this training, the final rule will recreational pilots are permitted to address this omission and therefore provide for a new exception to this operate larger aircraft, the training require a recreational pilot to receive training requirement in § 61.110. This requirements for recreational pilots are appropriate training prior to conducting exception will permit a person who more extensive than for sport pilots. operations at an airport that has an does not receive the required night Specifically, commenters suggested operational control tower in Class G or training to be issued a certificate with a allowing recreational pilots to E airspace, the FAA is revising night flying limitation. See § 61.110 for demonstrate aircraft to prospective paragraphs (d) and (e)(7) to add the a discussion of night flying exceptions. buyers, as is allowed for sport pilots words ‘‘to, from, through, or at an A few commenters also suggested who are not aircraft salespersons. The airport having an operational control that, given the slow speeds at which FAA agrees and is adding a provision tower.’’ For a discussion of the changes powered parachutes travel, the cross- permitting holders of a recreational pilot related to operations in Class B, C, and country training distances required certificate to demonstrate aircraft to D airspace, see ‘‘V.5.A.v. Changes to under the proposed rule would be prospective buyers, provided the Airspace Restrictions.’’ excessive. The commenters also recreational pilot is not an aircraft suggested that the flight proficiency salesperson. For a discussion of the Changes requirements should more closely privilege of demonstrating aircraft to In the final rule, paragraph (e)(2) is parallel glider and balloon training. The prospective buyers, please refer to revised to prohibit recreational pilots FAA agrees and therefore is making ‘‘V.5.A.viii. Demonstration of Aircraft to from operating powered parachutes and changes in the final rule to address Prospective Buyers.’’ In addition, weight-shift-control aircraft. these comments. For a complete several commenters suggested that In addition, paragraph (e)(12) is added discussion on specific changes to recreational pilots be allowed to to permit holders of a recreational pilot training and proficiency requirements conduct towing operations. The FAA certificate to demonstrate aircraft to refer to ‘‘V.5.A.iii. Flight Training and still maintains that only a pilot with at prospective buyers, provided the Proficiency Requirements.’’ least a private pilot certificate should be recreational pilot is not an aircraft The FAA notes that in the NPRM, in authorized to conduct towing salesperson. proposed paragraph (i), in the operations. For a discussion of Finally, the FAA is revising aeronautical experience table describing comments suggesting that the privilege paragraphs (d) and (e)(7) to add the the training necessary for a weight-shift-

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control rating, a paragraph was Section 61.110 Night Flying provisions of that paragraph. The incorrectly formatted, therefore making Exceptions revision to § 61.31 (k)(2)(iii) requires a the table misleading. Under the list of The FAA did not propose to amend category and class rating for the holder items included under ‘‘(iv) Ten hours § 61.110, however, the FAA received of a pilot certificate when that pilot solo flight time in a weight-shift-control many comments suggesting that a operates an aircraft with an aircraft consisting of at least—,’’ the private pilot who wants to obtain a experimental certificate and carries a requirement for three takeoffs and weight-shift-control, powered passenger. To receive a category and landings (with each landing involving a parachute, or gyroplane rating should class rating to operate these aircraft, a flight in the traffic pattern) at an airport not be required to fly at night if the person must log at least 5 hours of flight with an operating control tower should aircraft is not equipped for that time while acting as pilot in command have been designated as ‘‘(C)’’ in the operation, or the pilot chooses not to in the same category, class, make, and list, rather than as a separate paragraph seek those privileges. Most aircraft in model of experimental aircraft and ‘‘(v).’’ In the final rule, the FAA is those three categories are not equipped receive an appropriate endorsement. correctly designating that list to indicate with the aircraft instruments or lighting Other aeronautical knowledge, flight that the requirement for three takeoffs required under part 91 for night proficiency, and aeronautical and landings in a weight-shift-control operations. Those aircraft are primarily experience requirements for the aircraft at an airport with an operating suited for daytime operations under issuance of the rating do not apply. This control tower must be accomplished as visual flight rules. flight time must be logged between solo flight. The FAA is modifying § 61.110 to September 1, 2004 and August 31, 2005. Changes permit a person seeking a private pilot Similar provisions are enacted in certificate with a gyroplane, powered § 61.63(k) for persons holding other The FAA is reformatting proposed parachute, or weight-shift-control pilot certificates. An airline transport paragraph (i) and adopting it with the aircraft rating to obtain that rating pilot who meets these requirements will following changes for a powered without complying with the night flying be issued an appropriate category and parachute rating: requirements specified in § 61.109(d)(2), class rating limited to a specific make (i)(2), or (j)(2). A private pilot who does The total flight time requirement is and model of experimental aircraft. See not complete these requirements for reduced from 40 hours to 25 hours in a the discussion of § 61.31. night operations will have a limitation powered parachute. placed on his or her pilot certificate Changes The requirement for total flight stating ‘‘night flying prohibited.’’ This training with an authorized instructor is limitation can be removed at any time A new paragraph (f), Category class reduced from 20 to 10 hours, and an by a designated examiner or an FAA ratings for the operation of aircraft with additional requirement for 30 takeoffs inspector when the pilot completes the experimental certificates, is added for and landings with an authorized night flying requirements established airline transport pilots who do not have instructor is being added. under the appropriate section of part 61. a category and class rating to operate the experimental aircraft. They may apply The requirement for 10 hours of solo Changes flight training is not being changed, but for a category and class rating limited to the solo takeoff and landing requirement The FAA is adding paragraph (c) to a specific make and model of is increased from 10 to 20. § 61.110 to permit a person who does experimental aircraft. not meet the night flying requirements A reference to the night flying in § 61.109(d)(2), (i)(2), or (j)(2) to be Subpart H—Flight Instructors Other exceptions specified in § 61.110 is issued a private pilot certificate with the Than Flight Instructors With a Sport included in the night flight training limit ‘‘Night flying prohibited.’’ This Pilot Rating requirements, and the requirement to limitation may be removed by an The FAA is revising the heading of conduct one night cross-country flight examiner if the holder complies with over 25 NM total distance is removed. subpart H to include the words ‘‘other the requirements of § 61.109(d)(2), (i)(2), than flight instructors with a sport pilot The 3-hour solo cross-country or (j)(2), as appropriate. rating.’’ Because of the unique requirement is reduced to 1 hour, and the solo cross-country flight distance Section 61.113 Private Pilot Privileges requirements that apply to flight requirement is reduced from 50 NM to and Limitations: Pilot in Command instructors with a sport pilot rating, the 25 NM. The FAA is revising § 61.113(g) to FAA is placing those requirements into allow a private pilot to act as pilot in a new subpart K, rather than into In addition, requirements for a existing subpart H. weight-shift-control rating are moved to command while towing an unpowered new paragraph (j). ultralight vehicle for compensation or Changes hire. This change conforms to the In paragraph (j), for weight-shift- revisions made to § 61.69. For a The heading for subpart H is revised. control aircraft, the FAA is reducing the discussion of those changes, see § 61.69 Section 61.181 Applicability night cross-country flight requirement above. for a private pilot certificate from 100 NM to a required distance of at least 75 Changes In the final rule, the FAA is revising § 61.181 to make the applicability of the nautical miles, and the requirement for Paragraph (g) is revised. a solo cross-country flight from 150 section consistent with the newly nautical miles to 100 NM. Additionally, Section 61.165 Additional Aircraft revised subpart H heading (discussed the FAA is revising the proposal to Category and Class Ratings above). clarify that the requirement for three The FAA is adding a new paragraph Changes takeoffs and landings in a weight-shift- (f) to § 61.165 to assist airline transport control aircraft at an airport with an pilots currently operating under Section 61.181 is revised to add the operating control tower must be § 61.31(k)(2)(iii) without a category and words ‘‘except for flight instructor accomplished as solo flight. class rating to comply with the new certificates with a sport pilot rating.’’

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Section 61.213 Eligibility Section 61.303 What Operating Limits the FAA sees no need to require Requirements (Proposed as SFAR No. 89 and Endorsement Requirements of This additional endorsements. Sections 211 and 213) Subpart Apply to My Operation of a Paragraph (b) is added to require that Light-Sport Aircraft for the Certificates persons using a current and valid U.S. The FAA did not receive any and Ratings I Hold? (Proposed as SFAR driver’s license meet certain comments on sections 211 and 213 of No. 89 Section 91) requirements. A person using a U.S. proposed SFAR No. 89. The provisions driver’s license must comply with each The FAA is adding § 61.303 to clarify restriction and limitation imposed by are therefore transferred to § 61.213 which operating limits and endorsement that license and any judicial or without substantive change. requirements apply to the operation of administrative order for the operation of a light-sport aircraft, depending on the Changes a motor vehicle. Also, if a person has type of certificate or rating a pilot holds Paragraphs (a)(4)(i) and (a)(4)(ii) are applied for an airman medical and the medical eligibility requirements certificate, that person must have been revised to include the requirements of the pilot meets. found eligible for the issuance of at least sections 211 and 213 of proposed SFAR Many comments expressed confusion a third-class airman medical certificate about the ability to exercise sport No. 89. at the time of his or her most recent privileges while holding a higher-level Section 61.215 Ground Instructor application. If a person has been issued pilot certificate. Many commenters also an airman medical certificate, his or her Privileges (Proposed as SFAR No. 89 were not certain what privileges they Section 215) most recently issued airman medical could exercise based on their medical certificate must not have been The FAA did not receive any eligibility or what privileges they could suspended or revoked. If a person has exercise when operating a light-sport comments on sections 215 of proposed been granted an Authorization, his or aircraft. To clarify the operating limits SFAR No. 89. The provisions are her most recent Authorization must not and endorsement requirements for have been withdrawn. Further, a person therefore transferred to § 61.215 without pilots exercising sport pilot privileges, substantive change. must not know or have reason to know the FAA has included a table in of any medical condition that would Changes § 61.303. make him or her unable to operate a The FAA has revised the final rule to light-sport aircraft in a safe manner. See Paragraph (a) is revised to include the allow a recreational pilot who does not discussion under ‘‘V.5.A.ii. Medical requirements of section 215 of proposed have an airman medical certificate to Provisions.’’ SFAR No. 89. exercise sport pilot privileges if that person has received the cross-country Changes Subpart J—Sport Pilots training required in § 61.101(c). Section 61.303 is added to set forth The FAA concluded that the Proposed SFAR No. 89 section 91 operating limitations and endorsement certification rules pertaining to sport excluded recreational pilots from requirements for persons seeking to pilots merited their own subpart in part exercising sport pilot privileges because operate light-sport aircraft. This new 61. The rules originally proposed in they did not have the cross-country section is derived from the proposed training required for a sport pilot. The SFAR No. 89 pertaining to sport pilots provisions of SFAR No. 89 section 91. cross-country training required in are moved into subpart J. A table cross- It provides a more detailed description, § 61.101(c) is equivalent to the cross- in a table, of the privileges a person may referencing those sections of proposed country requirements for sport pilots. SFAR No. 89 with corresponding exercise based upon his or her medical See the discussion in § 61.101 for more eligibility and the certificates and sections of part 61 appears at the information. beginning of this section-by-section endorsements he or she holds. The FAA is not requiring a pilot who In the final rule, the introductory text analysis for part 61. holds a recreational pilot certificate or of paragraph (a) prohibits a recreational Section 61.301 What Is the Purpose of higher who wants to exercise sport pilot pilot from exercising sport pilot This Subpart? (Proposed as SFAR No. privileges to have make and model privileges unless that person has 89 Section 1) training and a corresponding complied with the cross-country endorsement. See the discussion under training requirements in § 61.101(c). The FAA did not receive any ‘‘V.5.A.iv. Make And Model Logbook In addition, the proposed requirement comments on section 1 of proposed Endorsements, and Sets of Aircraft.’’ in SFAR No. 89 section 91 paragraph 2 SFAR No. 89. The provisions applicable In addition, the FAA is requiring for a person holding at least a private to sport pilots and persons seeking to persons who hold a recreational pilot pilot’s certificate and seeking to exercise exercise sport pilot privileges are certificate or higher but not a rating for sport pilot privileges is deleted. That therefore transferred to § 61.301 without the category and class of light-sport provision would have required that substantive change. Section 61.301 aircraft they seek to operate to comply person to receive specific training for with the limitations in § 61.315, except provides the user with an overview of any make and model of light-sport paragraph (c)(14), and, if a private pilot the requirements prescribed in this aircraft in which the person has not or higher, paragraph (c)(7). Paragraph subpart. acted as pilot in command is deleted. (c)(14) addresses aircraft that have a VH The requirements in paragraphs Changes in excess of 87 knots CAS, and (a)(1)(iii) and (a)(2)(iii) of the final rule paragraph (c)(7) addresses requirements reflect the exceptions to the The provisions of section 1 of for training to operate in Class B, C, and endorsement requirements discussed proposed SFAR No. 89 applicable to D airspace, at an airport located in Class above. sport pilots and persons seeking to B, C, or D airspace, and to, from, In addition, paragraph (b) is added to exercise sport pilot privileges are through, or at an airport having an indicate that a person using a current transferred to § 61.301 without operational control tower. As these and valid U.S. driver’s license must substantive change. pilots have been trained to operate these meet the applicable requirements aircraft and in these types of airspace, specified in § 61.23(c)(2).

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Section 61.305 What Are the Age and Such a provisions would be § 61.309 with the following Language Requirements for a Sport Pilot inappropriate for inclusion in this rule. modifications. Certificate? (Proposed as SFAR No. 89 One commenter recommended that a The words ‘‘as appropriate’’ are added Section 3) student pilot be required to pass the to paragraph (d) regarding the use of aeronautical charts for VFR navigation Several commenters suggested knowledge test prior to being issued a using pilotage, dead reckoning, and lowering the age requirement for student pilot certificate. This action was navigation systems. powered parachute pilots to be not proposed, and the FAA considers In paragraph (j), the term ‘‘if equivalent with the age requirements for such an action to be outside the scope applicable’’ is changed ‘‘applicable to the operation of gliders and balloons of this rulemaking. airplanes and gliders’’ to clarify that this because of the simplicity of the aircraft. Another commenter recommended requirement is only applicable to Other commenters suggested lowering that the holder of a private pilot persons seeking privileges to operate the age to solo in all categories of light- certificate or higher be exempt from those aircraft. sport aircraft. These commenters taking a knowledge test addressing the subjects specified in proposed SFAR The requirement in paragraph (k) of suggested that the minimum age proposed SFAR No. 89 section 51 for requirement to solo in a light-sport No. 89 section 51. The FAA notes that the holder of a private pilot certificate tumble entry and tumble avoidance aircraft be the same as the minimum age technique training for weight-shift- requirement to solo in a glider or a or higher is not required to take a test on the aeronautical knowledge areas control aircraft category privileges is balloon. The commenters believed that removed. the simple nature of light-sport aircraft specified in § 61.309 to exercise the privileges of a sport pilot certificate. The word ‘‘judgment’’ is replaced justified such a change. with the words ‘‘risk management’’ in Two commenters recommended that The FAA disagrees with this new paragraph (k). suggestion. Balloon and glider pilots applicants be permitted to take the typically operate as part of an organized practical test in a single-seat aircraft Section 61.311 What Flight Proficiency activity requiring other participants; with the examiner observing the test Requirements Must I Meet To Apply for therefore younger pilots are rarely from the ground. This comment is a Sport Pilot Certificate? (Proposed as operate these aircraft without some level addressed in the discussion of § 61.45. SFAR No. 89 Section 53) of supervision. Pilots of powered Changes Upon further consideration of the parachutes and other categories of light- proposal, the FAA is revising ground sport aircraft may frequently operate The provisions of section 57 of and flight training requirements these aircraft without any support proposed SFAR No. 89 are transferred to pertaining to slow flight and stalls. See personnel or supervision by other more § 61.307 without substantive change. discussion under ‘‘V.5.A.iii. Flight experienced pilots. The FAA contends Section 61.309 What Aeronautical Training and Proficiency that capabilities of these aircraft and the Knowledge Must I Have To Apply for a Requirements.’’ fact that they are frequently operated by Sport Pilot Certificate? (Proposed as In addition, the incorporation of a single pilot without direct supervision SFAR No. 89 Section 51) proposed SFAR No. 89 into part 61 precludes the agency from lowering the necessitates the inclusion of an age limit for solo operations in these The FAA received a few comments on exception to the flight proficiency aircraft. the proposed provisions of this section. requirements of this section for One commenter objected to requiring Changes registered pilots with FAA-recognized extensive training for pilots who will be ultralight organizations. References to The provisions of section 3 of permitted to fly ‘‘fat’’ ultralights. This land and sea classes are also included proposed SFAR No. 89 addressing the comment, the removal of tumble entry for those categories of aircraft for which eligibility requirements for a sport pilot and tumble avoidance technique those classes exist. certificate are transferred to § 61.305 training, and additional training in risk without substantive change. management are discussed under Changes ‘‘V.5.A.iii. Flight Training and The provisions of section 53 of Section 61.307 What Tests Do I Have Proficiency Requirements.’’ proposed SFAR No. 89 are transferred to To Take To Obtain a Sport Pilot Another commenter suggested that § 61.311, with changes. Certificate? (Proposed as SFAR No. 89 training not be required in electronic In the final rule, the section is revised Section 57) navigation, while an additional to include an exception for persons who The FAA received a few comments on commenter suggested that, if the FAA are registered pilots with an FAA- the proposed provisions of this section. wishes to specifically mandate training recognized ultralight organization and The commenters recommended that the in electronic navigation systems, the to refer to both land and sea classes for practical tests be conducted in reference to navigation systems should airplane, weight-shift-control, and accordance with the procedures refer to electronic navigation systems. powered parachute categories of light- specified in current §§ 61.43, 61.45, The prevalence of electronic navigation sport aircraft. 61.47, and 61.49. By incorporating the systems in light-sport aircraft Proposed paragraph (i) is changed to provisions of proposed SFAR No. 89 necessitates the aeronautical knowledge no longer require applicants for sport into part 61, the procedures specified in training be required in these systems. pilot privileges in lighter-than-air those sections apply to practical and Although most navigation systems are aircraft and powered parachutes to knowledge tests administered to sport electronic, the FAA has retained the receive and log slow flight training. It pilot applicants. generic reference to ‘‘navigation has also been changed to no longer The commenters also recommended system.’’ to conform to other require applicants for sport pilot that the testing be conducted in requirements in part 61. privileges in powered parachutes to accordance with FAA Order 8710.3, receive and log stall training. In Changes Pilot Examiner’s Handbook. The FAA addition, in the final rule, the training notes that all testing should be done in The provisions of section 51 of requirement for slow flight and stalls is accordance with applicable FAA orders. proposed SFAR No. 89 are transferred to split into separate paragraphs (i) and (j),

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specifying those aircraft for which the to flying ability. These commenters as light-sport aircraft would be well training is not required. believed that a person’s ability to obtain suited for that activity. Although the a driver’s license may not be related to FAA agrees that these aircraft are well Section 61.313 What Aeronautical poor health. The FAA, however, suited for the activity, it still believes Experience Must I Have To Apply for a maintains the position it took in the that this activity should be conducted Sport Pilot Certificate? (Proposed as proposed rule, that all limitations by at least a private pilot who has SFAR No. 89 Section 55) imposed on a driver’s license apply to accomplished the additional training See discussion under ‘‘V.5.A.iii. the use of that license to establish and testing requirements at that Flight Training and Proficiency medical eligibility for a sport pilot certificate level. Requirements.’’ certificate. For a discussion of demonstrating To further clarify its position on this aircraft to prospective buyers, please Changes issue, the FAA is adding the language in refer to ‘‘V.5.A.viii. Demonstration of The provisions of section 55 of § 61.315(c)(17) stating: ‘‘* * * or any Aircraft to Prospective Buyers.’’ proposed SFAR No. 89 are transferred to limit imposed by judicial or For a discussion of comments § 61.313, with the following changes. administrative order when using your received requesting towing privileges References to land and sea classes of driver’s license to satisfy a requirement for sport and recreational pilots, see the aircraft are added to paragraphs (a), (g), of this part.’’ As stated in the proposed discussion of § 61.69 above. and (f). rule, it is the FAA’s intent that, if an Section 73 of proposed SFAR No. 89 References to a ‘‘full-stop landing’’ are individual’s driving privileges have stated that a sport pilot would be revised to read ‘‘full-stop landing at a been suspended, revoked, or restricted limited to sport and recreational flying minimum of two points’’ in paragraphs for any reason by an administrative or only. Sport and recreational flying, (a)(1)(iii), (d)(1)(iii), and (h)(1)(iii). judicial body, those same limitations however, was not specifically defined in In paragraph (b), the term ‘‘solo flight apply to the use of that individual’s the NPRM. That limitation is removed time’’ is changed to ‘‘solo flight driver’s license to establish medical in the final rule and replaced with training.’’ eligibility for a sport pilot certificate, prohibitions against acting as pilot in In paragraph (f), the aeronautical regardless of whether the terms of those command of a light-sport aircraft when experience requirements for lighter- limitations are printed on the carrying a passenger or property for than-air category and balloon class individual’s driver’s license or other compensation or hire, for compensation privileges, are changed by deleting the document, and regardless of whether or hire, or in the furtherance of requirement for one solo cross-country the restrictions imposed were the result business. This change better describes flight of at least 25 NM. of an infraction unrelated to an those types of operations it intended to In paragraph (g), the aeronautical individual’s driving or flying ability. If restrict when it proposed that a sport experience requirements for powered an individual’s driving privileges have pilot would be limited to sport and parachute category privileges, are been suspended, revoked, or in any way recreational flying only. changed as follows: limited by a court or administrative The authority to operate up to 2,000 The requirement for 20 hours total order, the license holder may no longer AGL when above 10,000 feet MSL is flight time is reduced to 12 hours. use his or her driver’s license to removed. For further information on The requirement for 15 hours of flight establish medical eligibility for a sport this change, see ‘‘V.5.A.vi. Changes to training is reduced to 10 hours, which pilot certificate. Altitude Limitations.’’ must include 20 takeoffs and landings to A commenter proposed that sport Additionally, since light-sport aircraft a full stop in a powered parachute with pilots be limited to single-place aircraft, operated by sport pilots are intended to each landing involving flight in the and a private pilot certificate be be simple and non-complex, the FAA is traffic pattern at an airport. required to fly a two-place aircraft. The adding a provision in paragraph (c)(19) The requirement for 2 hours of cross- FAA disagrees. The FAA believes that to specifically prohibit a sport pilot country flight training is reduced to 1 the training provided to a sport pilot is from acting as a pilot flight crewmember hour. sufficient to permit that person to safely on any aircraft for which more than one The requirement for 5 hours of solo operate a simple, non-complex aircraft. pilot is required by the type certificate flight training is reduced to 2 hours and The FAA believes that carrying a of the aircraft or the regulations under must include 10 solo takeoffs and passenger does not increase the which the flight is conducted. A similar landings, and one solo flight with a 10- complexity of the aircraft to warrant the provision currently exists in § 61.101(e) NM leg with a landing at a different additional training required for a higher for recreational pilots. The two airport in lieu of the requirement for one level certificate. One of the stated exceptions contained in that paragraph, solo flight of 25 NM with one 15–NM objectives of the sport pilot certificate is however, are not included in § 61.315. leg. to permit, for personal use, the holder In paragraph (h), the aeronautical of such a certificate to operate a light- Changes experience requirements for weight- sport aircraft that has the capability of The provisions of sections 73, 75, 77, shift-control aircraft category privileges, carrying only two occupants—the pilot and 79 of proposed SFAR No. 89 are is changed by reducing the 75 NM solo and one passenger. transferred to § 61.315, with the cross-country requirement to 50 NM. The FAA is also adding language to following changes. § 61.315(b)(7) to require additional In paragraph (c)(1), (c)(2), and (c)(3), Section 61.315 What Are the Privileges training to operate in Class B, C, and D prohibitions that a person may not act and Limitations of My Sport Pilot airspace. For a complete discussion of as pilot in command of a light-sport Certificate? (Proposed as SFAR No. 89 all issues related to operations in class aircraft when carrying a passenger or Sections 73, 75, 77 and 79) B, C, and D airspace, refer to ‘‘V.5.A.v. property for compensation or hire, for A few commenters noted that, in Changes to Airspace Restrictions.’’ compensation or hire, or in the many states, a U.S. driver’s license may Several commenters suggested that furtherance of business are added. be revoked for failure to pay certain the FAA allow a sport pilot to conduct These provisions are added because the taxes, failure to pay child support, or search and rescue operations and said FAA is not including in the final rule other circumstances that do not pertain that the aircraft now being certificated the limitation on sport and recreational

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flying proposed in SFAR No. 89 section For a discussion of the comments and to, from, through, or at an airport having 73 paragraph (a). the changes to the requirements in an operational control tower.’’ In paragraph (c)(7), the words ‘‘or to, § 61.321 (c) for an applicant to complete Section 61.327 How Do I Obtain from, through, or at an airport having an an application and present this Privileges To Operate a Light-Sport operational control tower’’ are added. application to the authorized instructor, Aircraft That Has a VH Greater Than 87 In paragraph (c)(11), the authority to see ‘‘V.5.A.ix. Category and Class Knots CAS? (Proposed as SFAR No. 89 operate up to 2,000 AGL when above Discussion: FAA Form 8710–11 Section 83) 10,000 feet MSL is removed. Submission.’’ In paragraph (c)(17), a provision is Changes The FAA received a few comments on added to require a sport pilot to comply proposed section 83 of SFAR No. 89. with any limit imposed by judicial or The provisions of section 63 of The commenters recommended that the administrative order when using his or proposed SFAR No. 89 are transferred to FAA eliminate the proposed her U.S. driver’s license to satisfy a § 61.321 with an additional requirement requirement that sport pilots seeking to requirement of part 61. in paragraph (c) for sport pilot seeking operate an aircraft with a V greater Paragraph (c)(19) is added to prohibit H to operate an additional category or than 87 knots CAS receive an a sport pilot from acting as a pilot flight class of light-sport aircraft to complete endorsement from an authorized crewmember on any aircraft for which an application for those privileges on a instructor. For the reasons stated in the more than one pilot is required by the form and in a manner acceptable to the proposed rule, and also because the type certificate of the aircraft or the FAA. The person must present this FAA is eliminating the proposed regulations under which the flight is application to the authorized instructor requirement for a specific make and conducted. who conducted the proficiency check model endorsement for each aircraft a Section 61.317 Is My Sport Pilot specified in paragraph (b) of the section. sport pilot operates, the FAA has Certificate Issued With Aircraft Category retained this requirement in the final Section 61.323 How Do I Obtain and Class Ratings? (Proposed as SFAR rule. No. 89 Section 59) Privileges To Operate a Make and Model of Light-Sport Aircraft in the Same Changes The FAA did not receive any Category and Class Within a Different comments on section 59 of proposed Set of Aircraft? (Proposed as SFAR No. The provisions of section 83 of SFAR No. 89. 89 Section 65) proposed SFAR No. 89 are transferred to § 61.327 without substantive change. Changes The FAA made changes to this section The provisions of section 59 of to incorporate the concept of make and Section 61.329 Are There Special proposed SFAR No. 89 are transferred to model endorsements providing Provisions for Obtaining a Sport Pilot § 61.317 without substantive change. privileges to operate any aircraft within Certificate for Persons Who Are a set of aircraft. For a discussion of the Registered Ultralight Pilots With an Section 61.319 Can I Operate a Make FAA-Recognized Ultralight and Model of Aircraft Other Than the comments and changes made to this section, see ‘‘V.5.A.iv. Make and Model Organization? (Proposed as SFAR No. Make and Model Aircraft for Which I 89 Section 93) Have Received an Endorsement? Logbook Endorsements, and Sets of (Proposed as SFAR No. 89 Section 61) Aircraft.’’ The FAA received comments Changes suggesting that other organizations not The FAA made changes to this section mentioned specifically in the preamble to incorporate the concept of make and The provisions of section 65 of of the proposal should be considered for model endorsements providing proposed SFAR No. 89 are transferred to crediting of ultralight experience. At the privileges to operate any aircraft within § 61.323 with changes. The FAA is time of the NPRM, the FAA stated that a set of aircraft. For a discussion of the revising this section to allow the holder it considered only ASC, EAA, and comments and more information on this of a sport pilot certificate with an USUA to be FAA-recognized ultralight issue, see ‘‘V.5.A.iv. Make and Model endorsement for a specific make and organizations. One commenter Logbook Endorsements, and Sets of model light-sport aircraft to operate any specifically requested that USHGA be Aircraft.’’ other aircraft within the same set of considered an FAA-recognized Changes aircraft. ultralight organization. Some The provisions of section 61 of Section 61.325 How Do I Obtain commenters also thought that State proposed SFAR No. 89 are transferred to Privileges To Operate a Light-Sport associations that have required that § 61.319 and revised to allow the holder Aircraft at an Airport Within, or in ultralight pilots meet their requirements of a sport pilot certificate with an Airspace Within, Class B, C, and D should have been addressed. Both the endorsement to operate a specific make Airspace, or in Other Airspace With an final rule and the NPRM do not limit and model of light-sport aircraft to Airport Having an Operational Control those organizations that can be operate any other aircraft belonging to Tower? (Proposed as SFAR No. 89 considered as FAA-recognized ultralight the same set of aircraft. Section 81) organizations. The FAA agrees that USHGA should be considered an FAA- Section 61.321 How Do I Obtain For a discussion of comments and recognized ultralight organization and Privileges To Operate an Additional changes to this section, see ‘‘V.5.A.v. recognizes it as such. The FAA also Category or Class of Light-Sport Changes to Airspace Restrictions.’’ recognizes that many State associations Aircraft? (Proposed as SFAR No. 89 have now affiliated themselves with Changes Section 63) FAA-recognized ultralight Generally, for a discussion of the The provisions of section 81 of organizations. Ultralight pilots in these comments and changes made to this proposed SFAR No. 89 are transferred to State associations will be able to become section, see ‘‘V.5.A.iv. Make and Model § 61.325 with the following change. The sport pilots using the transition Logbook Endorsements, and Sets of FAA is adding the words ‘‘at an airport provisions of § 61.329, provided they Aircraft.’’ located in Class B, C, or D airspace, or are recognized pilots with one of the

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four current FAA-recognized ultralight An ultralight pilot registered with an for a flight instructor certificate for a organizations. FAA-recognized ultralight organization sport pilot rating. The FAA originally proposed that any before September 1, 2004, who Proposed paragraphs (a)(3)(ii), which registered ultralight pilot with an FAA- completes a practical test no later than would have required documents from recognized ultralight organization January 31, 2007, will be issued a sport an FAA-recognized ultralight would have up to 24 months after the pilot certificate with a logbook organization to list each category and effective date of the final rule to apply endorsement permitting that person to class of ultralight vehicle that the for a sport pilot certificate and receive exercise sport pilot privileges in each organization recognizes a person as credit for experience and training category, class, make, and model for being qualified to operate, is changed in successfully completed with that which the FAA-recognized ultralight paragraph (a)(1) of the final rule to ultralight organization. Although there organization has found him or her require that the documents indicate that were no comments on this proposal, the proficient to operate. Registered person is recognized to operate the FAA concluded that it would be in the ultralight pilots with an FAA- category and class of aircraft for which interest of safety, fairness, and ease of recognized ultralight organization who sport pilot privileges are sought. As a administration to revise the provisions were not registered on or before result of this change, the documentation of the proposal in the final rule. The September 1, 2004 and successfully provided by an applicant under final rule permits an ultralight pilot complete the practical test for the sport paragraph (a)(1) of the rule need not registered with an FAA-recognized pilot certificate will receive a logbook show all categories and classes that the ultralight organization on or before endorsement permitting them to organization considers the applicant September 1, 2004 to obtain a sport pilot exercise sport pilot privileges in the qualified to operate, only the category certificate without meeting the category, class, make and model of and class of aircraft for which sport aeronautical knowledge and flight aircraft in which the practical test was pilot privileges are sought. proficiency requirements of §§ 61.309 taken; however, they will not receive a Documentation submitted by an and 61. 311 provided that person logbook endorsement for each category, applicant under paragraph (a)(2), obtains the sport pilot certificate no class, make, and model of aircraft they however, must show each aircraft a later than January 31, 2007. Ultralight were recognized by an the organization person is recognized to operate. This pilots registered with these to operate. requirement enables the FAA to provide organizations after September 1, 2004 The FAA received many comments the applicant with a logbook will be required to meet these regarding the requirement for notarized endorsement permitting operation of aeronautical knowledge and flight documentation of experience from the each category, class, make and model proficiency requirements but may credit FAA-recognized ultralight organization. listed without further testing. experience obtained while a member of The commenters were concerned about The FAA has also revised the final an FAA-recognized ultralight the added cost and burden this will rule by adding paragraph (b). This organization in accordance with § 61.52. present. The ultralight organizations paragraph clarifies that the FAA will provide a person who meets the The purpose of § 61.329 is to provide indicated that they would have to put provisions of paragraph (a)(1) of this a means of transition for those pilots notaries on their staffs or take the section with a logbook endorsement for who receive training with FAA- documents to a notary, adding cost and each category, class, make, and model of recognized ultralight organizations to burden to the process. aircraft listed on the ultralight pilot’s obtain sport pilot certificates. Under The FAA agrees with the comments records provided to the FAA, regardless current ultralight training programs, it is and has replaced the requirement for a of the aircraft in which the practical test possible for an ultralight pilot to be notarized document with a requirement is taken. eligible for a sport pilot certificate with that an applicant provide the FAA with as little as 10 hours of flight time. These a certified copy of his or her ultralight Changes ultralight pilots need not meet the pilot records from the FAA-recognized The provisions of section 93 of aeronautical experience requirements ultralight organization. The FAA has proposed SFAR No. 89 are transferred to specified in § 61.313. The FAA has historically allowed other organizations § 61.329 with minor reformatting. Also, determined that this is acceptable for to certify graduation certificates and the following changes are made. ultralight pilots registered with an FAA- similar documents and the FAA In paragraph (a)(1) (proposed as recognized organization on or before concluded that is sufficient for this paragraph (a)), the words ‘‘not later than September 1, 2004 who pass both a regulatory requirement. 24 months after the effective date of the knowledge and practical test before Many commenters suggested that the final rule’’ are changed to ‘‘on or before January 31, 2007. But after September 1, FAA allow an applicant who is September 1, 2004.’’ 2004, all pilot applicants must meet the concurrently seeking both a sport pilot In paragraph (a)(1)(i)(B), the FAA is aeronautical experience requirements of certificate and a flight instructor adding a provision that permits a § 61.313. Registered pilots with FAA- certificate with a sport pilot rating to registered ultralight pilot seeking a sport recognized ultralight organizations, take only one knowledge test to meet pilot certificate to pass either the however, may credit ultralight both aeronautical knowledge knowledge test for a sport pilot aeronautical experience toward meeting requirements. The FAA agrees with certificate (as set forth in the proposal), these requirements in accordance with these commenters and will permit a or the knowledge test for a flight § 61.52. These requirements will ensure person seeking a sport pilot certificate instructor certificate with a sport pilot that all applicants meet the same under paragraph (a)(1) to take either the rating. standards and receive adequate training. knowledge test for a sport pilot In paragraphs (a)(1)(i)(D) and They will also provide a single measure certificate or the flight instructor (a)(2)(iv), the word ‘‘notarized’’ is for assessing an applicant’s certificate with a sport pilot rating to changed to ‘‘certified.’’ qualifications, as all applicants must satisfy the requirements of this section. Proposed paragraph (b)(4)(ii) is demonstrate proficiency and The FAA believes that the applicant changed in paragraph (a)(2)(iv)(B) of the satisfactorily complete both FAA will demonstrate a higher level of final rule to require that a person who knowledge and practical tests. knowledge by taking the knowledge test is a registered ultralight pilot on or after

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September 1, 2004 and is seeking a sport would be certificating flight instructors techniques by actually performing them. pilot certificate to provide documents with an inappropriately low level of The FAA supports these provided by an applicant for a sport experience and training, thereby recommendations and is removing the pilot certificate indicate that the person decreasing safety. The FAA believes that proposed requirement that a person is recognized to operate only the the training and experience required for seeking to provide instruction in a category and class of aircraft for which a flight instructor certificate with a sport weight-shift-control aircraft possess sport pilot privileges are sought. pilot rating is appropriate for the types both competency and instructional Proposed paragraph (c) is removed. of instruction that these flight proficiency in stall awareness, spin New paragraph (b) is added as instructors will provide. The FAA notes entry, spins, and spin recovery discussed above. that these persons will be providing procedures. These requirements are still instruction in simple, non-complex Subpart K—Flight Instructors With a applicable to persons seeking to provide aircraft with limited operational Sport Pilot Rating instruction in airplanes and gliders. For characteristics. The FAA also notes that more information, see ‘‘V.5.A.iii. Flight The FAA concluded that the it has established minimum Training and Proficiency certification rules pertaining to flight aeronautical experience requirements in Requirements.’’ instructors with a sport pilot rating § 61.411 for flight instructors with a merited their own subpart in part 61. sport pilot rating that exceeds that Changes Most of the rules originally proposed in specified for a sport pilot certificate. The provisions of section 119 of SFAR No. 89 pertaining to flight In the final rule, the FAA revised the proposed SFAR No. 89 are transferred to instructors were moved into subpart K language requiring a person to ‘‘hold a § 61.405 with the following changes. without change. A table with cross- current and valid sport pilot certificate The section is reworded and references to the proposed SFAR No. 89 or a current and valid private pilot reorganized for clarity. appears at the beginning of this section- certificate’’ to ‘‘hold a current and valid In paragraph (b)(1)(ii) of the final rule by-section analysis for part 61. pilot certificate.’’ This change permits (proposed as paragraph (b)(3)), the persons holding recreational, Section 61.401 What Is the Purpose of requirement for a person to receive a commercial, and airline transport pilot This Subpart? (Proposed as SFAR No. logbook endorsement indicating certificates to obtain a flight instructor 89 Section 1) competency and instructional certificate with a sport pilot rating. proficiency in stall awareness, spin The FAA did not receive any Since the FAA intends to permit a entry, spins, and spin recovery comments on section 1 of proposed person with a sport pilot certificate to procedures has been deleted for persons SFAR No. 89. The provisions applicable obtain a flight instructor certificate with seeking privileges to provide instruction to flight instructors with a sport pilot a sport pilot rating, the FAA believes in weight-shift-control aircraft. rating are therefore transferred to that persons with higher-level pilot In paragraph (b)(2)(iii) of the final rule § 61.401 without substantive change. certificates should not be precluded (proposed as paragraph (b)(4)) is Section 61.401 provides the user with from obtaining a flight instructor modified as follows. an overview of the requirements certificate with a sport pilot rating. A person seeking privileges to provide prescribed in this subpart. Changes instruction in a weight-shift-control Changes aircraft is not required to demonstrate The provisions of section 3 of an ability to teach stall awareness, spin The provisions of section 1 of proposed SFAR No. 89 addressing the entry, spins, and spin recovery proposed SFAR No. 89 applicable to eligibility requirements for flight procedures. flight instructors with a sport pilot instructors with a sport pilot rating are The term ‘‘practical’’ is added before rating are transferred to § 61.401 transferred to § 61.403 with the the word ‘‘test.’’ without substantive change. following change. In paragraph (c) of the The term ‘‘instructional procedures’’ final rule, the language requiring a Section 61.403 What Are the Age, is replaced with ‘‘instructional person to ‘‘hold a current and valid Language, and Pilot Certificate competency and proficiency.’’ sport pilot certificate or a current and Requirements for a Flight Instructor The term ‘‘applicable light-sport valid private pilot certificate’’ is Certificate With a Sport Pilot Rating? aircraft’’ is replaced with ‘‘applicable changed to ‘‘hold a current and valid (Proposed as SFAR No. 89 Section 3) category and class of aircraft.’’ pilot certificate.’’ The FAA created this section to Section 61.407 What Aeronautical incorporate the eligibility requirements Section 61.405 What Tests Do I Have Knowledge Must I Have To Obtain a originally contained in SFAR No. 89 To Take To Obtain a Flight Instructor Flight Instructor Certificate With a Sport section 3. Section 3 would have Certificate With a Sport Pilot Rating? Pilot Rating? (Proposed SFAR No. 89 required that a flight instructor with a (Proposed as SFAR No. 89 Section 119) Section 113) sport pilot rating hold a sport or private The FAA created this section to The FAA did not receive any pilot certificate. Although a number of incorporate the testing requirements comments on this section and is commenters agreed with the FAA’s originally contained SFAR No. 89 adopting the section as proposed except proposal to permit flight instructors section 119. The FAA received a for minor revisions to improve clarity. with a sport pilot rating to possess only comment from a national organization a sport pilot certificate, the FAA representing flight instructors Changes received several comments expressing recommending changes regarding spin The provisions of section 113 of concern that persons holding no more training instructional competency and proposed SFAR No. 89 are transferred to than a sport pilot certificate could serve proficiency in weight-shift-control § 61.407 with the following changes. as flight instructors. Commenters noted aircraft. In addition, several commenters Proposed paragraphs (b) and (c) are that the FAA traditionally requires a noted, while it is crucial that pilots of adopted as paragraphs (c) and (b) flight instructor to hold a commercial weight-shift-control aircraft be capable respectively, and in paragraph (c) of the pilot certificate. These commenters were of recognizing and avoiding spins, it is final rule, the words ‘‘for the aircraft specifically concerned that the FAA not safe for pilots to learn these category and class in which you seek

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flight instructor privileges’’ are added command time in a weight-shift-control (1) A flight instructor certificate with after ‘‘applicable to a sport pilot aircraft. A number of commenters a sport pilot rating; certificate.’’ recommended that the FAA decrease (2) A powered parachute or weight- the requirements for flight instructors shift-control aircraft rating; Section 61.409 What Flight Proficiency seeking instructional privileges in (3) An operating privilege for a sport Requirements Must I Meet To Apply for airplanes, weight-shift-control aircraft, pilot; a Flight Instructor Certificate With a and powered parachutes to 55 hours. (4) A practical test and knowledge test Sport Pilot Rating? (Proposed as SFAR One commenter stated that until 2 years for a private pilot certificate with a No. 89 Section 115) ago, all three national ultralight powered parachute or weight-shift- For a discussion on this section, see organizations required only 55 hours of control aircraft rating or a flight ‘‘V.5.A.iii. Flight Training and flight time to qualify as an ultralight instructor certificate with a sport pilot Proficiency Requirements.’’ flight instructor. The commenter further rating. Although the FAA received a few Changes noted that two of these three organizations now require flight comments on this section that addressed The provisions of section 115 of instructors to possess a minimum of 100 towing and the ability to demonstrate proposed SFAR No. 89 are transferred to hours of flight time. A number of light-sport aircraft for sale, these § 61.409 with the following changes. commenters stated that the proposed privileges are not based upon an In the introductory text of the section, requirements for flight instructors individual’s flight instructor certificate, the words ‘‘for airplane single-engine, should mirror the requirements of these but rather on that individual’s glider, gyroplane, airship, balloon, two organizations. However, another underlying pilot certificate. Comments powered parachute, and weight-shift- commenter recommended that all flight on towing and the demonstration of control privileges’’ are replaced with the instructors have at least 250 hours of aircraft for sale are discussed in those words ‘‘for the aircraft category and flight experience. This commenter was sections that address the privileges of a class in which you seek flight instructor concerned that sport pilots would be person’s underlying pilot certificate. privileges’’ are added. trained by instructors who have very Paragraph (k) (proposed as paragraph Changes little experience themselves. (a)(11)) is changed to no longer require The provisions of section 133 of The FAA has considered the applicants for a flight instructor proposed SFAR No. 89 are transferred to commenters’ concerns and notes that certificate seeking instructional § 61.413 and reorganized for clarity. there may be legitimate reasons to either privileges in lighter-than-air aircraft and Also, the following changes are made. powered parachutes to receive and log increase or decrease the aeronautical In paragraph (a), the words ‘‘a student slow flight training. It is also changed to experience requirements set forth in the pilot certificate to operate light-sport no longer require applicants seeking NPRM. The FAA believes that the aircraft’’ are changed to ‘‘a student pilot instructional privileges in powered aeronautical experience requirements seeking a sport pilot certificate’’. parachutes to receive and log stall set forth in the NPRM establish a Paragraph (c) is added to include training. In addition, in the final rule, reasonable level of minimum training and logbook endorsements for a the training requirement for slow flight aeronautical experience for the issuance flight instructor certificate with a sport and stalls is split into separate of flight instructor certificates with a pilot rating. paragraphs (k) and (l), specifying those sport pilot rating. As the sport pilot Paragraph (d) is added to include aircraft for which the training is not rating is a new rating to be added to the training and logbook endorsements for a required. flight instructor certificate, the FAA will powered parachute or weight-shift- Paragraph (m) (proposed as paragraph monitor the implementation of the rule control aircraft rating. (a)(12)) is changed to remove the and may revise aeronautical experience Paragraph (f) is changed by including requirement for spin training in a requirements for the rating, if the FAA training and logbook endorsements for weight-shift-control aircraft, requiring it deems such action appropriate. an operating privilege. for airplanes and gliders only. Changes Paragraphs (g) and (h) (proposed as Paragraph (o) is added to require paragraphs (e) and (f)) are amended by ‘‘tumble entry and avoidance The provisions of section 117 of adding, after ‘‘for a sport pilot,’’ the techniques’’ maneuvers for weight-shift- proposed SFAR No. 89 are transferred to words ‘‘certificate, a private pilot control aircraft only. § 61.411 with no substantive change. certificate with a powered parachute or weight-shift-control aircraft rating or a Section 61.411 What Aeronautical Section 61.413 What Are the Privileges flight instructor certificate with a sport Experience Must I Have To Apply for a of My Flight Instructor Certificate With pilot rating.’’ Flight Instructor Certificate With a Sport a Sport Pilot Rating? (Proposed as SFAR Pilot Rating? (Proposed as SFAR No. 89 No. 89 Section 133) Section 61.415 What Are the Limits of Section 117) The FAA identified several privileges a Flight Instructor Certificate With a The FAA received several comments that a flight instructor with a sport pilot Sport Pilot Rating? (Proposed as SFAR to this section. One commenter stated rating would be permitted to exercise No. 89 Section 135) that the FAA should decrease the that were omitted in SFAR No. 89 Several commenters questioned the aeronautical experience requirements section 133 of the proposed rule. This need for make and model endorsements for flight instructors seeking omission is being corrected in the final for flight instructors. Many commenters instructional privileges in powered rule. believed that this requirement is parachutes to 50 hours. Other In addition to the privileges listed in unnecessary because of the simple commenters questioned the need for the NPRM, under the final rule, the nature of the aircraft in which flight instructors to obtain 15 hours of holder of a flight instructor certificate instructors will be providing training. cross-country flight time in powered with a sport pilot rating is authorized, Additionally, many commenters parachutes. Another commenter within the limits of his or her certificate questioned the need for flight questioned the need for flight and rating, to provide training and instructors to obtain 5 hours of pilot-in- instructors to have 15 hours of pilot-in- logbook endorsements for the following: command time in a specific make and

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model of aircraft prior to providing included in subpart K for them to apply would receive a make and model flight instruction in that aircraft. The to flight instructors with a sport pilot endorsement. The FAA is removing FAA recognizes that under current rating. Therefore, the FAA is now these provisions because the authority § 61.195(f), a flight instructor may not including in § 61.415 specific regulatory to operate any make and model of provide training required for the language to address the limits referred aircraft within a specific set of aircraft issuance of a certificate or rating in a to § 61.195(a), (d)(1) through (d)(3), and is a privilege of the person’s underlying multi-engine airplane, helicopter, or (d)(5). pilot certificate and not the flight powered lift unless that instructor has at instructor certificate. See the discussion Changes least 5 hours of pilot-in-command time ‘‘V.5.A.iv. Make and Model Logbook in that specific make and model of The FAA is transferring the Endorsements, and Sets of Aircraft.’’ aircraft. This requirement is therefore provisions of proposed SFAR No. 89 not applicable to the majority of aircraft section 135 to § 61.415 and reorganizing Changes in which flight instruction is conducted. them with the following revisions. The provisions of section 123 of The FAA notes however that the final In paragraph (a), the description of the proposed SFAR No. 89 are transferred to rule permits a person to serve as a flight limits for providing ground or flight § 61.417 with the following change. The instructor if that person holds only a training is clarified by addressing words ‘‘make and model’’ are removed. sport pilot certificate. In view of the training provided by a person holding a limited experience of these certificate pilot certificate other than a sport pilot Section 61.419 How Do I Obtain holders, the FAA deems it prudent that certificate. Privileges To Provide Training in an flight instructors with a sport pilot Paragraph (e) is revised to incorporate Additional Category or Class of Light- rating obtain at least 5 hours pilot-in- the concept of ‘‘set of aircraft,’’ and the Sport Aircraft? (Proposed as SFAR No. command time before conducting flight requirement to obtain aeronautical 89 Section 127) instruction in a make and model of experience as a registered pilot with an The FAA received a few comments on light-sport aircraft within the same set FAA-recognized ultralight organization this section. One commenter was of aircraft as that in which the training is removed. The concept of ‘‘set of concerned that there will not be enough is provided. For additional discussion, aircraft’’ is discussed under ‘‘V.5.A.iv. instructors to provide endorsements for see ‘‘V.5.A.iv. Make and Model Logbook Make and Model Logbook instructors seeking to provide training Endorsements, and Sets of Aircraft.’’ Endorsements, and Sets of Aircraft.’’ in additional categories and classes of Commenters stated that the FAA The use of aeronautical experience aircraft. Another commenter proposed should allow training to be conducted obtained in ultralight vehicles is that instructors certificated under in single-place aircraft. The FAA does addressed in § 61.52 of the final rule. subpart H of part 61 should not be not agree that all training provided by Paragraph (f) is revised to incorporate required to complete the proposed flight instructors with a sport pilot operations to, from, through, or at an proficiency check. The FAA believes rating be permitted in single-place airport having an operational control that the ‘‘grandfathering’’ provisions of aircraft. Under current § 61.195(g)(2), tower. (See ‘‘V.5.A.v. Changes to the final rule will result in sufficient the FAA requires pre-solo flight training Airspace Restrictions.’’) numbers of instructors being able to Paragraph (h) is added to require that for single-place aircraft to be provided provide the required endorsements. The all training be performed in an aircraft in an aircraft that has two pilot stations FAA notes that the proficiency check that complies with the requirements of and is of the same category and class required by § 61.419(b) will only apply § 91.109. This corrects an inadvertent applicable to the certificate and rating to flight instructors exercising the omission of a reference to § 61.195(g) in sought. The FAA believes that the privileges of a sport pilot rating. The commenters did not provide sufficient the NPRM. FAA also notes that instructors justification to remove this long- Paragraph (i) is added to require that certificated under subpart H are not standing requirement. The final rule flight training must be provided in an subject to this requirement. requires that pre-solo flight training aircraft that has at least two pilot must be given in an aircraft that has two stations and is of the same category and For information on changes related to pilot stations and is of the same category class appropriate to the certificate rating filing applications and endorsements, and class applicable to the certificate, or privilege sought. Pre-solo flight refer to the discussion under ‘‘V.5.A.ix. rating, or privilege sought. Section training for single-place aircraft needs to Category and Class Discussion: FAA 61.195(g) ensures that pre-solo fight be provided in an aircraft that has two Form 8710–11 Submission.’’ For training is provided by an authorized pilot stations and is of the same category discussion of make and model instructor in an aircraft with two pilot and class appropriate to the certificate endorsements, refer to the discussion stations. Section 61.415 will apply a rating or privilege sought. under ‘‘V.5.A.iv. Make and Model similar requirement to persons receiving Endorsements, and Sets of Aircraft.’’ Section 61.417 Will My Flight flight instruction from flight instructors In addition, the FAA made a minor Instructor Certificate With a Sport Pilot with a sport pilot rating. Similar to editorial change to the title and the Rating List Aircraft Category and Class § 61.195(g), pilots being trained by flight introductory text by deleting the word Ratings? (Proposed as SFAR No. 89 instructors with a sport pilot rating will ‘‘flight’’ to be more accurate. This Section 123) have the latitude under § 61.415 to meet change reflects that flight instructors all other experience and solo training The FAA did not receive any provide both ground and flight training. requirements in a single-place aircraft. comments on this section. Although it Changes As the provisions of proposed SFAR was proposed that a person receiving a No. 89 have been included in new flight instructor certificate with a sport The provisions of section 127 of subpart K of part 61, and the pilot rating receive logbook proposed SFAR No. 89 are transferred to applicability of subpart H has been endorsements for the category, class, § 61.419 with the following changes. revised to exclude flight instructors and make and model aircraft in which The title of this section is changed by with a sport pilot rating, the limitations the person is authorized to provide removing the word ‘‘flight.’’ The word that previously applied to all flight training, the FAA is removing ‘‘flight’’ is also removed from the instructors in subpart H must be provisions specifying that a person introductory text.

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In paragraph (a), the term The FAA is revising paragraph Changes ‘‘aeronautical and knowledge (a)(2)(iii) to include the words ‘‘to, from, The provisions of section 195 of experience requirements’’ is changed to through, or at an airport having an proposed SFAR No. 89 are transferred to ‘‘aeronautical knowledge and flight operational control tower.’’ This change § 61.425 without substantive change. proficiency requirements.’’ This change is discussed under ‘‘V.5.A.v. Changes to properly refers to the requirements an Airspace Restrictions.’’ Section 61.427 What Must I Do if My applicant must meet in §§ 61.407 and The FAA is adding (b) to include a Flight Instructor Certificate With a Sport 61.409. requirement for an instructor to Pilot Rating Expires? (Proposed as SFAR Proposed paragraph (b) is split into complete, sign, and submit to the FAA No. 89 Section 197) paragraphs (b) and (d) in the final rule the application presented to him or her The FAA received no comments on for clarity. The logbook endorsement by a person seeking to operate or this section. requirement is now in paragraph (d) of provide training in an additional Changes the final rule. The term ‘‘light-sport category and class of light-sport aircraft. aircraft privilege’’ is changed to This application must be submitted The provisions of section 197 of ‘‘category and class flight instructor within 10 days of providing the proposed SFAR No. 89 are transferred to privilege’’ in paragraphs (b) and (d) of endorsement. For a discussion of this § 61.427. The section is modified to note the final rule. provision, see ‘‘V.5.A.ix. Category and that a person may pass a practical test Paragraph (c) in the final rule is added Class Discussion: FAA Form 8710–11 as prescribed in § 61.405(b) or to require a person to complete and Submission.’’ § 61.183(h). This change reflects the present an application to obtain the separation of flight instructor privileges sought. Changes requirements into subparts H and K of part 61. Section 61.421 May I Give Myself an The provisions of section 121 of Endorsement? (Proposed as SFAR No. proposed SFAR No. 89 are transferred to Section 61.429 May I Exercise the 89 Section 139) § 61.423 with the following changes. Privileges of a Flight Instructor Certificate With a Sport Pilot Rating if The FAA received comments noting The section heading is revised, and I Hold a Flight Instructor Certificate an error made in the proposed rule the text of the section is reorganized for With Another Rating? (Proposed as omitting the word ‘‘not.’’ The FAA is improved readability. SFAR No. 89 Section 151) correcting the error. In paragraph (a)(1) the FAA is clarifying that a flight instructor with a The FAA received several comments Changes sport pilot rating must sign the logbook on this section. The majority of the The provisions of section 139 of of each person to whom he or she has commenters recommended that the FAA proposed SFAR No. 89 are transferred to given training. delete or reduce the proposed § 61.421 with the following changes. In paragraph (a)(2), a requirement to requirement for a person exercising the The phrase ‘‘you may give yourself an retain a record of the type of privileges of a flight instructor with a endorsement’’ is changed to ‘‘you may endorsement is added. sport pilot rating to have at least 5 hours not give yourself an endorsement,’’ as of pilot-in-command time in a specific Paragraph (a)(2)(iii) is revised to was originally intended. make and model of light-sport aircraft in include the words ‘‘to, from, through, or The FAA is also adding the word which that person provides training. at an airport having an operational ‘‘rating’’ to the list of endorsements a Other commenters recommended that control tower.’’ flight instructor with a sport pilot rating the FAA delete the proposed is not permitted to give him or herself. Paragraph (b) is added to include a requirement that a flight instructor This conforms to the list of prohibitions requirement for an instructor to receive specific training in any make specified in § 61.195(i). complete, sign, and submit to the FAA and model of light-sport aircraft in the application presented to him or her which that person has not acted as pilot Section 61.423 What Are the by a person seeking to obtain additional in command prior to providing training. Recordkeeping Requirements for a category and class privileges. The FAA is retaining the proposed Flight Instructor With a Sport Pilot Section 61.425 How Do I Renew My requirement that a person exercising the Rating? (Proposed as SFAR No. 89 privileges of a flight instructor Section 121) Flight Instructor Certificate? (Proposed as SFAR No. 89 Section 195) certificate with a sport pilot rating have The FAA received no comments on at least 5 hours of pilot-in-command this section. The FAA received no comments time in a specific make and model of The FAA notes that the NPRM only requesting changes to this section. light-sport aircraft prior to providing referred to the endorsement of a However a few commenters expressed flight training. However, the rule will person’s logbook. Under current rules, a concerns that current Flight Instructor permit a person with this experience to flight instructor is required to sign the Refresher Clinics (Courses) (FIRCs) may provide flight training in any aircraft logbook of any person to whom he or not be a suitable means for flight within the same set of light-sport she provides training. To clarify that instructors with a sport pilot rating to aircraft as the make and model of flight instructors with a sport pilot renew their flight instructor certificates. aircraft in which that person has 5 hours rating must sign the logbook of each The commenters asked if persons of pilot-in-command time. person to whom they have given flight providing FIRCs would be given latitude The FAA found that section 151 of or ground training, the FAA is revising to develop courses specifically designed proposed SFAR No. 89 did not reference paragraph (a)(1) accordingly. for flight instructors with a sport pilot commercial pilots with an airship or a The NPRM did not specifically rating. The FAA notes that persons balloon rating. As these pilots may require a flight instructor to retain a providing FIRCs may specifically tailor provide flight instruction under current record of the type of endorsement those courses to the needs of flight rules, and therefore may be considered provided to a person who received instructors with sport pilot ratings. authorized instructors, the FAA believes training. The final rule corrects this Further guidance will be available to it is appropriate to permit these persons omission in paragraph (a)(2). FIRC sponsors at a later date. to exercise the privileges of a flight

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instructor certificate with a sport pilot exercising your flight instructor knowledge test applicable to that rating in the classes of aircraft in which privileges and the privileges specified in certificate, and is therefore requiring they are currently authorized to provide § 61.413.’’ that an applicant pass a knowledge test training. This omission is corrected in Paragraph (b) is added in the final for both his or her underlying pilot the final rule. rule to require persons subject to this certificate and a flight instructor Proposed paragraphs (a)(2) and (a)(3) section to comply with the limits certificate with a sport pilot rating. would have established requirements specified in § 61.415 and the Some commenters recommended that for a person transitioning to a flight recordkeeping requirements of § 61.423. ultralight flight instructors transitioning instructor certificate with a sport pilot Paragraph (c) (proposed as paragraph to flight instructors with a sport pilot rating to receive specific training or (b)) is changed to state that persons rating not be required to pass an ‘‘initial have 5 hours of pilot-in-command time subject to this section must meet all flight check.’’ In the interest of safety in any make and model of light-sport applicable requirements specified in and standardization, the FAA will not aircraft prior to providing training in § 61.419 to provide training in an issue an initial flight instructor that aircraft. This requirement to have 5 additional category or class of light- certificate without the applicant passing hours of pilot-in-command time is now sport aircraft. a practical test. A number of commenters set forth in § 61.415(e). Training Section 61.431 Are There Special recommended that the FAA permit requirements for the operation of makes Provisions for Obtaining a Flight ultralight instructors to become flight and models of light-sport aircraft are Instructor Certificate With a Sport Pilot instructors without first obtaining a addressed in those sections that apply to Rating for Persons Who Are Registered sport pilot certificate. As the privilege to a person’s underlying pilot certificate. Ultralight Flight Instructors With an Paragraph (b) is added in the final operate an aircraft is based upon a FAA Recognized Ultralight rule. This paragraph clarifies that the person’s underlying pilot certificate and Organization? (Proposed as SFAR No. requirements of §§ 61.415 and 61.423 not his or her flight instructor 89 Section 153) also apply to flight instructors with certificate, the FAA is not adopting the other than a sport pilot rating, The provisions of this section were commenter’s recommendation. commercial pilots with an airship intended to encourage and assist One commenter recommended that rating, or commercial pilots with a ultralight instructors registered with current ultralight instructors with balloon rating, when those persons FAA-recognized ultralight organizations specific make and model experience be exercise the privileges of a flight to obtain flight instructor certificates permitted to provide themselves with an instructor certificate with a sport pilot with a sport pilot rating. The final rule endorsement certifying their own rating. will allow an ultralight flight instructor proficiency in a particular make and Paragraph (c) (proposed as paragraph who is registered with an FAA- model of light-sport aircraft. As this (b)) is changed to state that, to exercise recognized ultralight organization before recommendation goes against the FAA’s privileges of a flight instructor September 1, 2004 to apply for a flight long-standing policy against self- certificate in a category, class, or make instructor certificate with a sport pilot endorsements, the FAA is also not and model of light-sport aircraft for rating and receive credit for experience adopting this commenter’s which one is not currently rated, a and training successfully completed recommendation. person must meet all applicable with the ultralight organization. The Other commenters questioned the requirements specified in § 61.419 to FAA believes that the provisions of this ability of the FAA to effectuate a provide training in an additional section respond to commenters’ requests transition from operations conducted category or class of light-sport aircraft. to make the transition from basic and under training exemptions to operations In the NPRM, SFAR No. 89 section advanced ultralight flight instructors to conducted in accordance with subpart 151(b) referenced sections 127 and 129; flight instructors with a sport pilot K. In the final rule, the FAA is however, section 129 is not being rating simple and reasonable. establishing an effective date for adopted and therefore paragraph (c) One commenter stated that the FAA compliance, which will permit current only pertains to § 61.419, which should not require ultralight instructors ultralight flight instructors to become corresponds to SFAR No. 89 section who have thousands of flight hours of flight instructors with a sport pilot 127. ultralight flight time to obtain additional rating and exercise the privileges of that training. The FAA believes that this certificate in appropriately certificated Changes section addresses the commenter’s aircraft without disrupting current The provisions of section 151 of concern, as it provides registered training programs. proposed SFAR No. 89 are transferred to ultralight instructors with FAA- The FAA originally proposed that any § 61.429 with changes. recognized ultralight organizations a registered ultralight instructor with an In the introductory text of the section, means to obtain flight instructor FAA-recognized ultralight organization the words ‘‘a commercial pilot certificates with a sport pilot rating would have up to 36 months after the certificate with an airship rating, or a without meeting the requirements effective date of the final rule to apply commercial pilot certificate with a specified for other applicants. for a flight instructor certificate with a balloon rating issued under this part’’ A number of commenters sport pilot rating and receive credit for are added. recommended that ultralight instructors experience and training successfully In paragraph (a) (proposed as not take knowledge tests for both the completed with the ultralight paragraph (a)(1)), the words ‘‘* * *on sport pilot certificate and a flight organization. Upon further your existing pilot certificate and flight instructor certificate with a sport pilot consideration, the FAA concluded that instructor certificate when exercising rating. Other commenters recommended it would be in the interest of safety, your flight instructor privileges’’ are that transitioning ultralight flight fairness, and ease of administration to changed to read, ‘‘* * *on your flight instructors not be required to take any limit this provision to ultralight instructor certificate, commercial pilot knowledge test. To ensure instructors registered with those certificate with an airship rating, or standardization, the FAA requires all organizations on or before September 1, commercial pilot certificate with a applicants for an underlying pilot 2004, but provide them with a period of balloon rating, as appropriate, when certificate to take the specific 36 months to avail themselves of the

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provisions of this section. Once the rule Many commenters were concerned V.6. Part 65—Certification: Airmen is effective, the minimum requirements about the added cost and burden this Other Than Flight Crew Members established in § 61.411 must be met by requirement would present. The FAA Section 65.85 Airframe Rating; all applicants for a flight instructor again agrees with the comments and is Additional Privileges; and Section 65.87 certificate with a sport pilot rating who replacing the requirement for a were not registered ultralight instructors Powerplant Rating; Additional notarized document with a requirement Privileges on or before September 1, 2004. The that an applicant provide the FAA with FAA believes it is both unnecessary and a certified copy of his or her ultralight The FAA did not propose to amend not in the interest of safety to permit pilot records from the FAA-recognized §§ 65.85 and 65.87. They are amended these ultralight instructors to meet the ultralight organization. in the final rule to allow appropriately provisions of this section in lieu of the certificated mechanics with an airframe more stringent requirements of other Proposed paragraph (e)(2) is changed or powerplant rating the additional sections in subpart K. in paragraph (d)(2) of the final rule to privilege of performing and inspecting As proposed, ultralight flight require that documents provided by an major repairs and major alterations to instructors who are registered with an applicant for a flight instructor light-sport aircraft issued a special FAA-recognized ultralight organization certificate with a sport pilot rating airworthiness certificate in the light- on the effective date of the rule would indicate that the person is recognized to sport category and approving them for have had 36 months after the effective operate and provide training in the return to service. This privilege to date of the final rule to apply for a flight category and class of aircraft for which perform and inspect major repairs and instructor certificate with a sport pilot instructional privileges are sought. This major alterations and approve a product rating and receive credit for meeting the change corresponds to a similar change or part for return to service on a light- aeronautical knowledge, flight made in § 61.329. sport aircraft is limited to products and proficiency, and aeronautical parts that are not produced under an experience requirements of subpart K. Changes FAA approval, such as those built under The final rule continues to extend this a light-sport aircraft manufacturer’s privilege to ultralight flight instructors The provisions of section 153 of proposed SFAR No. 89 are transferred to consensus standard. This rule change registered with an FAA-recognized gives the airframe- or powerplant-rated § 61.431. The section is reorganized for ultralight organization on or before mechanic the same privilege to perform clarity, and the following changes are September 1, 2004, but not to those and inspect major repairs and major made. registered after that date. All applicants alterations on special light-sport aircraft must satisfactorily complete both FAA In the introductory text, the words that this rule grants a repairman (light- knowledge tests and practical tests. ‘‘not later than [Date 36 months after the sport aircraft) with a maintenance Consistent with the change in effective date of the final rule], and you rating. § 61.303, the words ‘‘a current want to apply for a flight instructor recreational pilot certificate and meet This privilege is not extended to certificate with a sport pilot rating’’ are the requirements of § 61.101 (c)’’ are major repairs and major alterations added to paragraph (a). As recreational changed to ‘‘on or before September 1, performed on products produced under pilots who meet the requirements of 2004, and you want to apply for a flight an FAA approval. A mechanic with an § 61.101(c) have met aeronautical instructor certificate with a sport pilot airframe or powerplant rating cannot knowledge, flight proficiency, and rating, not later than January 31, 2008.’’ approve a product or part for return to aeronautical experience requirements In paragraph (a) of the final rule, the service after performing and inspecting equal to or greater than those required words ‘‘a current recreational pilot a major repair or major alteration on a product produced under an FAA of sport pilots, the FAA contends it certificate and meet the requirements of approval. This work must be performed would be inappropriate to preclude § 61.101(c)’’ are added. these pilots from obtaining a flight in accordance with part 43 and other In paragraph (b), the reference to instructor certificate with a sport pilot applicable provisions of part 65. rating. ‘‘experience requirements’’ is changed The rule also requires that any major In the final rule, the FAA is clarifying in the final rule to include ‘‘the repair or major alteration performed on the reference to ‘‘experience aeronautical knowledge requirements a product or part not produced under an requirements’’ in paragraph (b). The specified in § 61.407, the flight FAA approval installed on a special revision specifies that an applicant need proficiency requirements specified in light-sport aircraft be performed in not meet the aeronautical experience § 61.409, and the aeronautical accordance with the manufacturer’s requirement specified in § 61.407, the experience requirements specified in instructions or instructions developed flight proficiency requirements § 61.411.’’ by a person acceptable to the FAA. specified in § 61.409, and the In paragraph (d) (proposed as Changes aeronautical experience requirements paragraph (e)), the requirement to specified in § 61.411. The FAA notes ‘‘obtain and present upon application a Sections 65.85 and 65.87 are each that an applicant is still required to notarized copy’’ is changed to ‘‘submit amended by designating the existing meet the minimum flight time a certified copy.’’ text as paragraph (a), inserting the requirements in the category and class words, ‘‘Except as provided in of light-sport aircraft for which Proposed paragraph (e)(2) is changed paragraph (b) of this section’’ at the privileges are sought. This revision is in paragraph (d)(2) of the final rule to beginning of paragraph (a), and adding consistent with terminology used in part require that documents provided by an new paragraph (b) to permit 61. applicant for a flight instructor appropriately certificated mechanics to As discussed in § 61.329, the FAA certificate with a sport pilot rating perform and inspect major repairs and received many comments regarding the indicate that the person is recognized to major alterations on products not requirement for notarized operate and provide training in the produced under an FAA approval documentation of experience from the category and class of aircraft for which installed on a special light-sport aircraft, FAA-recognized ultralight organization. flight instructor privileges are sought. as discussed above.

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Section 65.101 Eligibility from performing preventive FAA agrees. The final rule includes a Requirements: General maintenance on their aircraft. This rule requirement that an applicant must take The FAA did not receive any establishes a repairman certificate (light- a training course. This training course comments on this section. sport aircraft) with two ratings— should contain a written test that the inspection and maintenance. The rule applicant should pass with a minimum Changes sets the training required to qualify for score of 80%. This is discussed in The proposed rule is adopted without a repairman certificate (light-sport further detail later in this section. The substantive change. aircraft) with an inspection rating at 16 test will include the areas of the general hours. The training required for a knowledge section of the mechanic Section 65.103 Repairman Certificate: repairman (light-sport aircraft) certificate written test that are Privileges and Limitations certificate with a maintenance rating, as applicable to light-sport aircraft that The FAA did not propose any adopted in this final rule, depends on have been issued a special airworthiness amendments to this section. The NPRM, the class of aircraft the individual certificate for either experimental or however, included a proposed repairman wants to maintain. The FAA special light-sport aircraft. exception to this section in § 65.107(d). had to establish a training requirement As adopted in this final rule, the It provides that § 65.103 does not apply for light sport aircraft repairman required hours of training for a to the holder of a repairman certificate certificates because, unlike a builder of repairman (light-sport aircraft) (light-sport aircraft) while that an amateur-built aircraft, the light-sport certificate with a maintenance rating repairman is performing work under aircraft owner cannot show that he or will depend on the class of light-sport that certificate. The more appropriate she manufactured the major portion of aircraft the applicant intends to work location for this exception is in a new the aircraft, and therefore cannot show on. This rating will allow the repairman paragraph (c) of § 65.103. Placing this that he or she would have the skills to perform annual condition inspections exception as new paragraph (c) of necessary to inspect and maintain the on both experimental and special light- § 65.103 parallels the structure of light-sport aircraft. sport aircraft, 100-hour inspections on paragraph (b) in § 65.101, which The FAA notes that this rule will not special light-sport aircraft used for flight includes a provision stating that the prohibit owners from performing training and towing, and maintenance section does not apply to the issuance maintenance on experimental light- on special light-sport aircraft. Since the of repairman certificates (experimental sport aircraft. Owner-performed aircraft a repairman with a maintenance aircraft builder) under § 65.104. The maintenance is allowed. However, all rating will work on may be used for FAA is making this editorial revision in experimental light-sport aircraft flight training or towing, and are this final rule. operating limitations will require that typically operated for compensation or an annual condition inspection be hire, the FAA believes that more Changes performed. The rule allows an owner of training should be required for these The provisions of proposed an experimental light-sport aircraft to repairmen than for repairmen with an § 65.107(d) are added as new paragraph perform this inspection only if he or she inspection rating. (c) of § 65.103 in the final rule. has obtained a repairman certificate A couple of commenters suggested (light-sport aircraft) with an inspection that the requirements might force Section 65.107 Repairman Certificate rating. To obtain the certificate, an existing ultralight repairmen to work (Light-Sport Aircraft): Eligibility, applicant must complete an FAA- outside the rules or go out of business. Privileges and Limits accepted 16-hour course on inspecting The FAA disagrees. The rule will Under § 65.107, the FAA proposed the same class of light sport aircraft for standardize maintenance only within requirements for acquiring a repairman which the person intends to exercise the the special and experimental light-sport (light-sport aircraft) certificate. The FAA privileges of the certificate and rating. aircraft community and does not impact received numerous comments on this The repairman certificate with an those individuals who perform work on proposed section. inspection rating will authorize the ultralight vehicles operated under part A few commenters felt that the lack of owner to sign off the annual condition 103. clear guidelines for this section made it inspection for his or her own light-sport A few commenters expressed concern difficult to comment on its viability. aircraft issued an experimental over the impracticality of requiring One organization reserved opinion on certificate under § 21.191(i). If an repairmen to be certificated on each this section, stating that it could not individual wants to maintain other make and model of aircraft they intend properly comment until reviewing the light-sport aircraft as well, he or she to maintain. The FAA agrees. The FAA consensus standards that would control must earn a repairman (light-sport believes that the differences between implementation of this rule. The FAA aircraft) certificate with a maintenance makes and models of aircraft within a addresses this comment in the rating. That person must take an FAA- specific class of aircraft are not discussion of the definition of accepted course that addresses extensive enough to require an ‘‘consensus standard’’ under § 1.1. maintenance of the particular class of applicant for a repairman certificate Several commenters expressed aircraft that he or she desires to work with an inspection rating to successfully concern that the FAA has been allowing on. complete a training course for each repairman standards to steadily decline The NTSB commented that, although specific make and model of aircraft on over the years, and that the proposed the FAA referred to minimum training which that person intends to perform rule would only further compromise and testing requirements in the NPRM, work. Rather than requiring applicants safety. The FAA disagrees and points no test requirement was specified. The for a repairman certificate (light-sport out that the privileges and limitations NTSB stated that applicants for a aircraft) with an inspection rating to for repairmen found in part 65 have not repairman certificate should be required complete training on each make and changed since 1980. to pass a written examination before model of aircraft on which they intend Some commenters felt that the being awarded a maintenance rating, to perform work, the FAA is requiring maintenance training course hour and that that test should include the training to be completed for each class requirements were excessive and would general knowledge section of the of aircraft. Although the FAA proposed inhibit owners of light-sport aircraft mechanic certificate written test. The that persons seeking repairman

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certificate (light-sport aircraft) with a • Include additional training of aircraft, he or she will have to take maintenance rating complete a course elements, to address items such as type- another FAA-acceptable course for that on the requirements of a particular certificated engines, floats, and specific class of aircraft. category of light-sport aircraft, the FAA composite structures. Furthermore, this rule does not allow recognizes that, when applied to aircraft • Provide more in-depth training on a repairman (light-sport aircraft) to certification, the use of the term ‘‘class’’ items such as two- and four-cycle perform major repairs, such as welding is more appropriate and consistent with engines, and electrical systems. of tubing and exhaust systems unless the change made for persons seeking a On the other hand, the FAA believes that repairman has received additional repairman certificate (light-sport that 80 hours of training is adequate to training acceptable to the FAA, such as aircraft) with an inspection rating. perform the annual condition inspection training from a manufacturer or other Commenters were divided on whether and routine maintenance, as defined in industry-accepted training providers or not the 16-hour training course the manufacturer’s maintenance and prior to performing the work. requirement for a repairman (light-sport inspections procedures for gliders and The FAA will look at five areas in aircraft) with an inspection rating lighter-than-air aircraft. deciding whether to accept a training should be limited to providing While even these increases in training course design. They are: • privileges for a specific make and model hours will not satisfy all commenters, The recommended passing grade for of experimental light-sport aircraft. the FAA took into consideration that it the written test in a training course is 80 takes fewer skills generally to maintain Some thought it was too long; others percent. light-sport aircraft than other more • thought it was too short. The 16-hour All training should be taught to a complex aircraft. For example, it takes inspection training course is designed to level 3 standard. Level 3 training is less than 2 hours to remove and replace train an individual owner with no training in which the student actually the fabric, or sails, on the wings of many background in aviation maintenance or performs a task with supervision or light-sport aircraft. In comparison, inspection to perform a satisfactory additional instruction. replacing the fabric on the wings of an • All courses should meet the annual condition inspection on his or aircraft type-certificated under CAR 3 training guidance in FAA advisory her experimental light-sport aircraft takes a week or more because of the material or its educational equivalent, and, on the basis of that inspection, number of steps involved. The and each course must be accepted by make a determination if that aircraft is additional training time required for the FAA. safe to fly. The FAA understands that airplane, weight-shift-control aircraft, • The course outline should include some individuals may have more and powered parachute classes will training on multiple aircraft within the aviation maintenance experience than ensure that FAA-approved products, same class of light-sport aircraft. others, and part of the 16-hour course such as type-certificated engines and Maintenance subjects such as engine they would take may be a review, and propellers, will be properly maintained theory, inspection, repair, that other individuals taking the and inspected to an FAA performance troubleshooting, servicing, propeller, training would be receiving new standard and properly recorded in the weight and balance, rigging, fuel and information. While some individuals aircraft records. lubricating systems, flight controls, will be covering previously learned Commenters pointed out that the landing gear, electrical system, ballistic material, the FAA believes that to proposed 80-hour training requirement parachutes, and structural repairs for perform an annual condition inspection for a repairman (light-sport aircraft) several makes and model aircraft will be on an experimental light-sport aircraft, with a maintenance rating compares covered. Applicable Federal aviation 16 hours is the minimum amount of poorly with the 1,900 hours of required regulations will also be taught. training required to properly train a training for an airframe and powerplant • The student will have to pass a final person with no prior aviation rating at a part 147 aviation written test on all subjects covered maintenance experience. maintenance technician school. The before a certificate of training will be Several commenters thought that the FAA notes that the required airframe issued by the training facility. maintenance training course hour and powerplant curriculum subjects in While the FAA considers the number requirements proposed in NPRM were appendix B of part 147 includes many of training hours adequate at this point too low to ensure safety. The FAA technical subjects that are not relevant in time, FAA may amend the regulation agrees that the required number of hours to light-sport aircraft (for example, if the number of training hours or to obtain a repairman (light-sport turbine and radial engine maintenance, subjects taught are found insufficient to aircraft) certificate, as proposed, would engine overhauls, autopilots, ice ensure aviation safety. now be insufficient for some classes of protection, cabin pressurization Several commenters wanted the FAA aircraft because the changes adopted in systems, helicopter maintenance, to extend repairman (light-sport aircraft) this final rule will increase the use of constant speed propellers, propeller privileges to experimental, amateur FAA-approved products on special governors, turbo chargers, built or older type-certificated aircraft. It light-sport aircraft. To exercise the superchargers, and turbine driven is not within the scope of this privileges of a repairman certificate with auxiliary power units). In addition, rulemaking to extend repairman (light- a maintenance rating on aircraft having while a mechanic with an airframe and sport aircraft) privileges to those a special airworthiness certificate in the powerplant rating is trained on all performing work on aircraft other than light-sport category, airplane class, the aircraft types a repairman (light-sport experimental or special light-sport FAA is requiring 120 hours of FAA- rating) with a maintenance rating is aircraft. accepted maintenance training, and 104 trained in one class of aircraft such as Since the FAA revised part 43 to hours of FAA-accepted maintenance powered parachutes, weight-shift- make it applicable to special light-sport training for weight-shift-control and control aircraft, or airplanes, so the aircraft, in paragraph (c) of the final powered parachute classes. These number of training hours can be rule, the FAA must revise the privileges additional hours are needed to: significantly reduced to address only of a person holding a repairman • Address part 39 and part 43 that class of aircraft. If the repairman certificate (light-sport aircraft) with a requirements for FAA-approved with a maintenance rating wants to maintenance rating to recognize that the products. become rated in another light-sport class person will be performing maintenance

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on special light-sport aircraft in sport aircraft’’ are changed to ‘‘class of aircraft or part thereof unless that accordance with part 43. The FAA has experimental light-sport aircraft.’’ person has previously performed the therefore included the term ‘‘approve In paragraph (a)(3)(ii), the term work concerned satisfactorily. That and return to service’’ when addressing ‘‘category of light-sport aircraft’’ is paragraph also permits a person who maintenance, preventive, and changed to ‘‘class of light-sport aircraft.’’ has not previously performed that work alterations performed by a repairman In addition, the requirement to complete to show the ability to do the work by certificate (light-sport aircraft) with a ‘‘an 80-hour training course’’ is changed performing it to the satisfaction of the maintenance rating. The FAA is also to a requirement to complete a 120-hour FAA or certain specified certificate revising the rule to clarify that the training course for airplane class holders. It also requires the repairman to holder of a repairman certificate (light- privileges, a 104-hour training course understand the current instructions of sport aircraft) with a maintenance rating for weight-shift-control aircraft and the manufacturer and the maintenance may perform both the annual condition powered parachute class privileges. manuals for the specific operation inspection and the 100-hour inspection In paragraph (b), the words ‘‘may concerned prior to exercising certificate required by § 91.327. In addition, the perform a condition inspection on an privileges. FAA is revising the privileges of this aircraft’’ are changed to ‘‘may perform V.7. Part 91—General Operating and repairman to include performing major an annual condition inspection on a Flight Rules repairs and major alterations on light-sport aircraft.’’ In addition, the products not produced under an FAA reference to make and model in V.7.A. Part 91—General Issues proposed paragraph (b) is changed to approval that have been installed on Some commenters expressed concern special light-sport aircraft. This class in paragraph (b)(3) of the final rule. that a light-sport aircraft with operating privilege is also discussed under part 43 limitations permitting flights into Class above. Proposed paragraph (c) is divided into paragraphs (c)(1) through (c)(3) in the B, C, and D airspace would not have the The FAA is also added new paragraph final rule. In addition, the words same equipment and inspection (d) to prohibit a repairman (light-sport ‘‘perform maintenance on a light-sport requirements as standard category aircraft) with a maintenance rating from aircraft that has a special airworthiness aircraft. It was not the FAA’s intent to approving for return to service any certificate issued under § 21.186 or except light-sport aircraft from part 91 aircraft or part thereof unless that § 21.191(i) of this chapter’’ are changed requirements with regard to required person has previously performed the in paragraph (c)(1) to ‘‘approve and equipment to operate in Class B, C, or work concerned satisfactorily. This return to service an aircraft that has D airspace. The FAA notes that the paragraph is added as a result of been issued a special airworthiness provisions of §§ 91.129, 91.130, and revisions making part 43 applicable to certificate in the light-sport category 91.131 will continue to apply to light- special light-sport aircraft and contains under § 21.190 of this chapter, or any sport aircraft operated in Class B, C, and language similar to that contained in part thereof, after performing or D airspace. However, the provisions of current § 65.81, which addresses the inspecting maintenance (to include the § 91.205 will not apply to experimental general privileges and limitations of annual condition inspection and the or special light-sport aircraft. That mechanics. It differs from that language 100-hour inspection required by section only applies to powered civil to the extent that it does not permit a § 91.327 of this chapter), preventive aircraft with a standard category U.S. repairman (light-sport aircraft) with a maintenance, or an alteration (excluding airworthiness certificate. To ensure that maintenance rating to supervise work a major repair or a major alteration on special light-sport aircraft are performed by other persons. Similarly, a a product produced under an FAA appropriately equipped for the various person who has not previously approval).’’ types of operations for which they may performed that work may show the In paragraph (c)(2), the words be used, the FAA has revised the ability to do the work by performing it ‘‘perform the annual condition definition of ‘‘consensus standard’’ in to the satisfaction of the FAA or certain inspection on a light-sport aircraft that § 1.1 to include a requirement that the specified certificate holders. has been issued an experimental standard address minimum equipment The rule is also revised in paragraph certificate for operating a light-sport requirements. Any aircraft built under a (d) of the final rule to require that a aircraft under § 21.191(i) of this consensus standard will therefore have repairman (light-sport aircraft) with a chapter’’ are added. to meet the minimum equipment maintenance rating understand the In paragraph (c)(3) of the final rule, requirements prescribed by that current instructions of the manufacturer the provisions proposed paragraph (c) standard to be certificated as a special and the maintenance manuals for the regarding training requirements are light-sport aircraft. The equipment specific operation concerned prior to revised to read ‘‘only perform requirements for experimental light- exercising certificate privileges. This maintenance, preventive maintenance, sport aircraft remain identical to current provision is identical to language found and an alteration on a light-sport aircraft part 91 requirements. in current § 65.81(b), which sets forth that is in the same class of light-sport Light-sport aircraft issued an the privileges and limitations of a aircraft for which the holder has experimental light-sport or special light- person holding a mechanic certificate completed the training specified in sport airworthiness certificate that are and is similar to provisions contained in paragraph (a)(3)(ii) of this section. authorized to operate in Class B, C, and § 65.103(b) for repairmen. The new Before performing a major repair, the D airspace must have the equipment for provision is included because a holder must complete additional VFR or IFR operations specified in the repairman (light-sport aircraft) with a training acceptable to the FAA and applicable consensus standards and any maintenance rating may perform work appropriate to the repair performed.’’ other equipment specified by the and approve special light-sport aircraft Proposed paragraph (d) is adopted as operating requirements contained in for return to service under part 43. paragraph (c) of § 65.103. subpart C of part 91. In addition, aircraft A new paragraph (d) is added in the that operate under IFR must comply Changes final rule to prohibit a repairman (light- with the altimeter tests and inspections In paragraph (a)(2)(ii), the words sport aircraft) with a maintenance rating required by § 91.411. Aircraft required ‘‘make and model of experimental light- from approving for return to service any to have a transponder must comply with

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the tests and inspections required by instruction without access to the Section 91.131 Operations in Class B § 91.413. These inspections and tests throttle, engine kill switch, and steering Airspace must be performed and approved in lines by both the instructor and student There were several comments accordance with appendixes E and F of pilot. expressing concern about the operation part 43. V.7.B. Part 91—Section-by-Section of light-sport aircraft in Class B, C, and The FAA received comments D airspace. Commenters stated that the suggesting that light-sport aircraft Discussion operation of slower light-sport aircraft should not be required to have Section 91.1 Applicability in close proximity to faster general emergency locator transmitters (ELTs). The FAA did not receive any aviation and commercial aircraft could ELT equipment requirements are comments on this section. pose difficulty for air traffic controllers. specified in § 91.207 and apply to In response to these comments, the FAA certain U.S.-registered civil airplanes Changes is changing the final rule to provide and operations. The regulatory The proposed rule is adopted without that, like a student pilot, a sport or a requirements for ELTs are mandated by change. recreational pilot will not be authorized 49 United States Code section 44712. to fly in Class B airspace associated with The FAA cannot modify § 91.207 to Section 91.113 Right-of-Way Rules: contradict provisions contained in the Except Water Operations those airports listed in part 91, appendix D, section 4. As discussed U.S. Code. One commenter asked what rights the under ‘‘V.5.A.v. Changes to Airspace Section 91.207 applies to U.S.- new light-sport aircraft category will Restrictions,’’ the FAA is also amending registered civil airplanes, and not to all have under the right-of-way rules. The part 61 to provide that sport pilots aircraft; therefore, some light sport right-of-way rules for light-sport aircraft operating in airspace having operational aircraft will not be required to comply will depend upon the category and class control towers must receive appropriate with that section. Section 91.207 also of aircraft operated. No distinction will contains several provisions excepting training to operate in that airspace. be made for light-sport aircraft, other Some commenters noted that some airplanes and operations from its than that based upon category and class. coverage. An example particularly recreational pilots should be extended See the discussion of § 91.113 in the the same privileges under this section as relevant to light-sport aircraft is the NPRM. exception for aircraft equipped to carry sport pilots, given that recreational not more than one person. The final rule Changes pilots are required to meet more does not modify ELT requirements, as The proposed rule is adopted without extensive training and proficiency those requirements are mandated by change. requirements. The FAA agrees and is statute. Owners and operators should revising this section to extend the same consult § 91.207 to determine if their Section 91.126 Operating on or in the privileges to recreational pilots, aircraft or operation is covered by the Vicinity of an Airport in Class G provided the recreational pilot has met requirement. Airspace either the requirements of § 61.101(d) or Several commenters wanted the FAA One commenter suggested that it is § 61.94. Current § 91.131(b) addresses to amend § 91.215, ATC transponder unsafe to allow the operation of light- pilot requirements for operations at an and altitude reporting equipment and sport aircraft in a traffic pattern with airport within Class B airspace or within use, so that transponders would not be general aviation aircraft traveling at Class B airspace. Paragraph (1)(ii) required for light-sport aircraft. The higher speeds. The FAA does not agree. addresses two types of pilots—student FAA does not agree with the The FAA currently allows these pilots, and recreational pilots seeking commenters. Section 91.215 applies to operations by powered parachutes, private pilot certification who have met all aircraft when flying in certain weight-shift-control aircraft and other the requirements of § 61.95. In this final airspace, unless a specified exception light-sport aircraft. This practice has not rule, provisions for persons with at least applies. Those who wish to operate proven unsafe, although it does require a private pilot certificate remain in light-sport aircraft must meet the good operating procedures and (b)(1)(i). Recreational pilots are provisions of § 91.215. The manner in practices. It requires that pilots have addressed in (b)(1)(ii) and, in response which an aircraft is certificated, its adequate training on operations at to comments, the FAA is expanding operational parameters, and the training towered and non-towered airports their privileges to match those for sport received by the pilot operating that where the mix of traffic can range from pilots, provided they receive the aircraft does not change the FAA’s a slow J–3 Cub or Flightstar to a Citation training specified in § 61.101(d) or underlying rationale for the jet. The FAA is reviewing Advisory § 61.94. A new paragraph (b)(1)(iii) implementation of § 91.215. Circulars and the Aeronautical contains the proposed provision for Two commenters suggested that Information Manual to ensure that they sport pilots and also includes a paragraph (a) of § 91.109, Simulated adequately address procedures for provision to permit the person to instrument flight instruction, be revised weight-shift-control, powered operate at an airport in Class B airspace to add a specific definition of dual parachutes and other light-sport aircraft. or within Class B airspace if that person controls for powered parachutes, given Another commenter suggested that it has met either the requirements of the unique method of controlling those is unsafe to allow the operation of § 61.325 or the requirements for a aircraft. They requested that ‘‘in the case powered parachutes in a traffic pattern student pilot seeking a recreational pilot of a powered parachute, full dual with general aviation aircraft traveling certificate under § 61.94. New paragraph controls are defined as a configuration at higher speeds. The FAA notes that (b)(1)(iv) provides similar privileges to a that allows, while in flight, for the both the proposed and final rule require student pilot who has met either the instructor and student to manipulate powered parachutes to avoid the flow of requirements of § 61.94 or § 61.95, as throttle, engine kill switch, and steering fixed-wing aircraft. applicable. lines.’’ The FAA does not believe a Proposed paragraph (b)(2) is revised change to the rule is necessary. The Changes to remove the proposal to permit a sport FAA believes that a prudent flight The proposed rule is adopted without pilot to operate an aircraft at those instructor would not provide flight change. airports listed in part 91, appendix D,

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section 4. This change is discussed in installed. To be operated between language to change the words ‘‘or light- ‘‘V.5.A.v. Changes to Airspace sunset and sunrise, aircraft must have sport aircraft’’ to ‘‘powered parachute or Restrictions.’’ the aircraft lights required by § 91.209, weight-shift-control aircraft.’’ and pilots must be authorized to Changes Changes conduct night operations. Additionally, Paragraph (b)(1)(i) of current § 91.131 special light-sport aircraft consensus The proposed rule is adopted without is revised by deleting the word ‘‘or.’’ standards will be required to address change. Current paragraph (b)(1)(ii) is changed minimum equipment requirements for in the final rule to include requirements Section 91.309 Towing: Gliders and VFR night operations. Experimental Unpowered Ultralight Vehicles for holders of a recreational pilot light-sport aircraft minimum equipment certificate. The current requirements for requirements for these operations will The FAA received numerous student pilots are removed and placed be specified in their operating comments on eliminating towing in new paragraph (b)(1)(iv). limitations. A sport pilot is not exemptions from §§ 91.309 and 103.1(b) Proposed paragraph (b)(1)(ii) is authorized to operate at night, and a and incorporating the provisions of the reformatted and redesignated as recreational pilot is not authorized to exemptions in the final rule. Although (b)(1)(iii) in the final rule, now operate between sunset and sunrise. A not proposed, the FAA is amending containing subparagraphs (b)(1)(iii)(A) private pilot who does not have a night § 91.309 to establish operational and (B). In final rule paragraph flying prohibition on his or her pilot requirements for towing an unpowered (b)(1)(iii)(A), the proposed reference to certificate may operate a light-sport ultralight vehicle by a civil aircraft. ‘‘section 81 of SFAR 89’’ is changed to aircraft at night if the aircraft is properly Current section § 91.309 only addresses ‘‘§ 61.325 of this chapter.’’ In addition, equipped. The FAA notes that § 61.110 requirements for the towing of gliders in final rule paragraph (b)(1)(iii)(B), the is revised to permit a person to be by civil aircraft. Since § 61.69 is words ‘‘the requirements for a student issued a private pilot certificate with a amended to establish specific pilot seeking a recreational pilot rating in weight-shift-control aircraft, experience and training requirements certificate in § 61.94 of this chapter’’ are powered parachutes, or gyroplanes, for pilots towing unpowered ultralight added. even if that person has not completed vehicles, the FAA believes it is also Paragraph (b)(1)(iv), based partially on the night flight training requirements for appropriate to establish specific current (b)(1)(2), is added to address the the issuance of the certificate and rating. requirements to operate a civil aircraft requirements for student pilots to The certificate will, however, carry the towing an unpowered ultralight vehicle. operate at an airport in Class B airspace limitation ‘‘Night flying prohibited.’’ These new operational requirements for or within Class B airspace. See § 61.110 for further discussion. towing unpowered ultralight vehicles Paragraph (b)(2) is changed by are identical to current operational Changes revising the proposed reference requirements for towing gliders. Prior to ‘‘paragraph (b)(1)(iii) of this section’’ to In paragraph (b)(2), the words this rule, both § 61.69 and § 91.309 only read ‘‘paragraphs (b)(1)(ii), (b)(1)(iii) and ‘‘between 1 and 3 statute miles’’ are contained requirements addressing the (b)(1)(iv) of this section.’’ In addition, changed to ‘‘less than 3 statute miles but towing of gliders. See discussion of the proposed words ‘‘or a sport pilot not less than 1 statute mile.’’ § 61.69 above. certificate and has met the requirements Section 91.213 Inoperative Changes of section 81 of SFAR 89’’ are removed. Instruments and Equipment In § 91.309, the section heading, and Section 91.155 Basic VFR Weather The FAA received two comments on paragraphs (a) introductory text, (a)(3), Minimums this section. One commenter asked if (a)(5), and (b) are amended by adding One commenter expressed concern light-sport aircraft must meet the the words, ‘‘or unpowered ultralight that VFR operations would be permitted instrument requirements of § 91.213. vehicle’’ after the word ‘‘glider.’’ at night and without lights. The Yes, light-sport aircraft must meet the commenter suggested the rule be provisions of § 91.213. Section 91.319 Aircraft Having amended to prohibit VFR operation of Another commenter believed that all Experimental Certificates: Operating light-sport aircraft between sunrise and light-sport aircraft, except powered Limitations sunset, unless the aircraft were parachutes and weight-shift-control Section 91.319(a)(2) of the NPRM equipped with anti-collision lights aircraft, are already included in current proposed an exception to the limitation visible for at least 3 statute miles. If an § 91.213(d)(1)(i), and, therefore, on the use of aircraft with an aircraft were equipped with such lights, paragraph (d) should be amended to experimental certificate issued under the commenter suggested, the FAA change the words ‘‘or light-sport § 21.191(i)(1) for carrying persons or should allow VFR operations 30 aircraft’’ to say ‘‘powered parachute or property for compensation or hire. The minutes before sunrise and 30 minutes weight-shift-control aircraft.’’ The FAA exception would have allowed flight after sunset. The FAA notes that the agrees that the current § 91.213(d) does training in these aircraft for provisions of current § 91.209 apply to not specifically address powered compensation or hire for an indefinite all aircraft, to include light-sport parachutes or weight-shift-control period. aircraft. aircraft. As stated in the notice, the FAA As discussed more fully under Other commenters said that powered intends that the provisions of § 91.327, the FAA is modifying how parachutes and weight-shift-control § 91.213(d) apply to all the kinds of operations for compensation or hire are aircraft are generally not safe for night light-sport aircraft to include powered addressed in the final rule. As a result, operations without altitude instruments, parachutes and weight-shift-control the FAA is not adopting (a)(2) as even under VFR conditions, and aircraft. However, to ensure that the proposed, but instead is adopting a recommended they be eliminated from provisions of this section apply to provision in new paragraph (e) that § 91.155. powered parachutes and weight-shift- addresses operations conducted for The FAA agrees with comments that control aircraft that may exceed the compensation or hire and is not limited night operations are unsafe for any parameters of the light-sport aircraft, the to the carriage of persons or property for aircraft without proper equipment FAA is revising the proposed rule compensation or hire. Section 91.319(e)

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reflects the FAA’s intent that light-sport Paragraph (h) of the final rule part 103 training exemptions may be aircraft issued an experimental (proposed as paragraph (f)) also is used to conduct flight training for certificate under § 21.191(i) should not revised to require that a request for compensation or hire. The final rule generally be used for compensation or deviation authority contain a extends this period from 36 months to hire. Section 91.319(e) allows justification that establishes a level of 60 months. After this time, these aircraft exceptions to the general rule only for safety equivalent to that provided under will no longer be permitted to be used light-sport aircraft issued an the regulations for the deviation for flight training for compensation or experimental certificate under requested. The FAA has determined that hire. § 21.191(i)(1) when used to tow a glider the specific regulatory language must The additional time provided under or an unpowered ultralight vehicle in require an equivalent level of safety to paragraph (e)(2) for instructors to accordance with § 91.309 or to conduct remain consistent with requirements for provide flight training in these aircraft flight training in an aircraft that the an exemption. This is necessary because for compensation or hire will ease some person conducting flight training this deviation authority process is financial difficulties for those ultralight provides for up to 5 years after the rule intended to supplement the exemption instructors transitioning to FAA- becomes effective. process for this rule and establish a way certificated flight instructors with sport Additionally, § 91.319(f) is modified within the regulatory structure to pilot ratings. to clarify the FAA’s intent that light- approve flight training for compensation The FAA believes that extending the sport aircraft issued an experimental or hire without the need for a person to period during which a person may certificate under § 21.191(i) should not submit a petition for exemption. conduct flight training for compensation generally be used for lease or rental. The FAA received numerous or hire in light-sport aircraft issued an These experimental aircraft are for comments expressing concern about airworthiness certificate under § 21.191(i) will help to decrease the personal use, and do not meet a design curtailing exemptions permitting the financial burden for persons providing standard, nor are they manufactured, or carrying of passengers in two-seat flight instruction in these kinds of maintained at the same level as special ultralight vehicles for compensation or aircraft. This action will provide these light-sport aircraft, primary, or standard hire. Many of these commenters instructors with additional time in category aircraft. Therefore, they should specifically directed their remarks to the which to purchase special light-sport not be made available to general public prohibition of carrying passengers in aircraft to provide flight instruction for lease or rental, except when used to aircraft issued experimental certificates under § 21.191 and the ending of the under the rule, thereby delaying tow a glider that is a light-sport aircraft two-seat ultralight training exemptions replacement costs. In addition, this or unpowered ultralight vehicle. from part 103. Numerous commenters action should further expand the growth Paragraph (f) prohibits a person who stated that completely eliminating the of the industry as a whole. The FAA owns an aircraft issued an experimental operation of two-seat ultralight-like believes this rule may open new certificate under § 21.191(i) from leasing aircraft for compensation or hire after 36 markets, provide more investment that aircraft, except when the aircraft is months appears arbitrary. The FAA capital, and expand the availability of used to tow a glider that is a light-sport notes, however, that the training insurance coverage. These effects will aircraft or unpowered ultralight vehicle. exemptions do not provide authority to allow instructors providing flight The FAA notes that other regulations conduct operations other than flight training in these aircraft to take may also impose additional limitations training in two-seat ultralight-like advantage of the same opportunities as on the use of experimental light-sport aircraft for compensation or hire. other general aviation instructors, such aircraft for compensation or hire, such Some commenters asked about the as those gained from being affiliated as those that specify the privileges of a continuation of existing training with flying clubs or flight schools. For person’s airman certificate and those exemptions for two-place training more information, see the economic that relate to commercial operators. vehicles. After the rule becomes regulatory evaluation, which is in the The FAA stated in the proposed rule effective, the FAA intends to continue public docket for this rulemaking. that aircraft operating limitations would the existing flight training exemptions address the maintenance requirements to provide ultralight flight instructors Changes for these experimental aircraft. with adequate time to transition to the Paragraph (e) (proposed as (a)(2)) is Comments requested that the FAA new system of certificates and ratings added with the following changes. The require increased inspections of these and continue current operations. During words ‘‘carrying persons or property’’ aircraft if they are used for this time, these ultralight flight are removed. In addition, provisions to compensation or hire such as when they instructors should take action to obtain permit towing a glider that is a light- are being used for flight training. The the newly required airman certificates sport aircraft or an unpowered vehicle FAA agrees. Paragraph (g) is added to and those certificates necessary to in accordance with § 91.309 and to specify that experimental light-sport operate their aircraft under the new permit a person to conduct flight aircraft that are used for flight training rules. The FAA does not anticipate training in an aircraft which that person or towing must be inspected by an allowing instructors, other than those provides prior to January 31, 2010. appropriately rated mechanic, afforded relief under the current New paragraph (f) is added to prohibit repairman (light-sport aircraft) with a training exemptions, to avail themselves a person who owns an aircraft issued an maintenance rating, or a repair station of the benefits of these exemptions. New experimental certificate under within the preceding 100 hours of time instructors will have to meet the § 21.191(i) from leasing that aircraft in service. The FAA is adopting this provision of the new rules. The FAA has unless the aircraft is operated in requirement to ensure a higher degree of reissued these part 103 training accordance with new paragraph (e)(1). safety when these aircraft are used for exemptions with an expiration date of New paragraph (g) is added provide compensation or hire. Further, the January 31, 2008. 100-hour inspection requirements for added stress that an aircraft may be Based on the comments, the FAA has aircraft issued an experimental subjected to when used in towing also decided to extend the period during certificate under § 21.191(i)(1) when operations supports additional which aircraft certificated under used to tow gliders that are light-sport inspection requirements. § 21.191(i) and currently operated under aircraft or unpowered ultralight vehicles

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or to conduct flight training for The FAA received several comments The condition inspection required by compensation or hire. requesting that part 43 be used as a this part is a visual inspection to New paragraph (h) (proposed as standard for maintenance and determine if the aircraft is in a condition paragraph (f)) is changed to also require inspections performed on light-sport for safe operation. If the FAA retained that the justification for the request for aircraft. As described in the part 43 the word ‘‘maintenance’’ in the deviation authority must establish a discussion earlier in this preamble, the paragraph, it would imply that level of safety equivalent to that final rule adopts this recommendation. maintenance other than an inspection provided under the regulations for the Section 91.327(b)(1) now requires that could be performed during the course of deviation requested. the aircraft be maintained in accordance an annual condition inspection. All of with the applicable provisions of part 43 these additional maintenance functions Section 91.327 Aircraft Having a and maintenance and inspection such as overhaul, repair, preservation Special Airworthiness Certificate in the procedures developed by the and replacement of parts are not part of Light-Sport Category: Operating manufacturer or a person acceptable to an annual condition inspection. Limitations the FAA. For the purpose of this Second, the words ‘‘person acceptable Purpose (now § 91.327(a)): As section, ‘‘a person acceptable to the to the FAA’’ are included to allow an discussed earlier in § 21.190, the FAA’’ includes the following: individual acceptable to the FAA to • reference to the use of these aircraft for The manufacturer that issued the assume the continued airworthiness statement of compliance. responsibilities for an aircraft design ‘‘sport and recreation’’ has been • removed. Proposed § 91.327(a)(1) Any person who has assumed, and from a manufacturer who is no longer in specified that special light-sport aircraft is properly exercising, the original business or can no longer support the could only be operated for the purpose manufacturer’s responsibility for aircraft. This change will permit a for which the certificate was issued. The carrying out the continued person acceptable to the FAA to develop term ‘‘sport and recreation,’’ however, airworthiness procedures described in inspection procedures for special light- was not defined in the NPRM, and its the consensus standard. sport aircraft that meet the requirements • The holder of an FAA-approved removal from § 21.190 makes it of the consensus standards for that technical standard order (TSO) necessary to specify the operating category of aircraft. authorization, parts manufacturer limitations for these aircraft in this Two commenters expressed concern approval (PMA), type certificate (TC), or paragraph. In revising this paragraph, over the requirement for a condition supplemental type certificate (STC) for the FAA has more clearly specified the inspection once every 12 calendar a product or part installed on the months for individuals living in Alaska. operating limitations that were implied aircraft. They stated that requiring an annual by the use of the term ‘‘sport and • Any person authorized by the condition inspection would pose a recreation.’’ manufacturer to produce modification unique hardship given the difficulty and Section 91.327(a) is modified to or replacement parts in accordance with expense of finding a qualified inspector clarify the FAA’s intent that special the applicable consensus standard in Alaska. The FAA has considered the light-sport aircraft should not generally addressing ‘‘qualification of third-party unique circumstances of persons living be used for compensation or hire. modification or replacement parts.’’ in Alaska, but believes this requirement Section 91.327(a)(1) and (a)(2) allow The term ‘‘person acceptable to the is necessary to provide an adequate exceptions to the general rule only for FAA’’ is not intended to include FAA level of safety. In addition, the towing a glider or an unpowered vehicle designees. Under the terms of their requirement for an annual inspection is and for flight training. The use of delegation, individual FAA designees the same requirement that is imposed special light-sport aircraft to engage in are not authorized to make design on type-certificated and amateur-built towing operations is discussed under changes or other modifications to aircraft. The FAA points out that more § 61.69. aircraft having a special airworthiness persons will be eligible to perform the The FAA is also removing the term certificate in the light-sport category. annual condition inspection of special ‘‘rental’’ because the term Condition inspections (now light-sport aircraft than can perform the ‘‘compensation or hire’’ provides a more § 91.327(b)(2)): In the NPRM, paragraph annual inspection on other aircraft. accurate description under existing (a)(4) would have required a condition Under the rule, a repairman (light-sport interpretations, decisions, and cases of inspection once every 12 calendar aircraft) with a maintenance rating, as those operations the FAA intends to months, in accordance with the aircraft well as a mechanic with an airframe and restrict. This revision does not limit the manufacturer’s maintenance and powerplant rating and a certificated ability of a person to rent a special light- inspection procedures, by a certificated repair station can conduct this annual sport aircraft; however, it does limit repairman with a light-sport aircraft condition inspection. those operations that a person may maintenance rating, an appropriately Safety-of-flight issues (Airworthiness conduct when operating the aircraft. rated mechanic, or an appropriately Directives and Safety Directives) (now Maintenance (now § 91.327(b)(1)): rated repair station. The FAA, upon § 91.327(b)(3) and (b)(4)): Proposed Proposed paragraph (a)(3) addressed further review, is taking out the words paragraph (a)(5) would have required maintenance of light-sport aircraft. In ‘‘in accordance with the aircraft the owner or operator to comply with a the final rule, it is revised and moved manufacturer’s maintenance and program for monitoring and correcting to paragraph (b)(1). The proposal inspection procedures’’ and replacing safety-of-flight issues specified by the prohibited operation of a special light- them with ‘‘in accordance with manufacturer (in the statement of sport aircraft unless the aircraft was inspection procedures developed by the compliance for the aircraft), or by a maintained in accordance with the aircraft manufacturer or a person person acceptable to the FAA. The FAA manufacturer’s maintenance and acceptable to the FAA.’’ expected that any such program would inspection procedures by a certificated This change is being made for two meet a consensus standard, as defined repairman with a light-sport aircraft reasons. First, the FAA wants to clarify in § 1.1. This provision has been revised maintenance rating, an appropriately that only inspection actions, and not and addressed in paragraphs (b)(3) and rated mechanic, or an appropriately other maintenance tasks, are performed (b)(4). The reasons for this are as rated repair station. during an annual condition inspection. follows.

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As proposed, § 91.327 would not have comply with safety directives that safety directive must concur that the specified compliance with ADs on correct unsafe conditions. The method specified is satisfactory. special light-sport aircraft. At the time definition of ‘‘consensus standard,’’ as (2) If the first method is not of the NPRM, it was not expected that specified in § 1.1, requires that the satisfactory, and the owner or operator light-sport aircraft would contain type- standard include provisions for has evidence that the Safety Directive certificated products or other parts maintaining the continued was issued for reasons not related to produced under an FAA-approval. airworthiness of these aircraft. Under safety, the owner or operator may Safety issues would have been this process, a manufacturer, or provide this evidence to the FAA and addressed in safety-of-flight bulletins successor to the manufacturer who is request a waiver to operate the aircraft issued under the consensus standard. responsible for continued airworthiness, without complying with the Safety The FAA stated in the proposed rule must, under § 21.190, monitor and Directive, as specified in that, in lieu of issuing ADs on light- correct safety-of-flight issues through § 91.327(b)(3)(ii). The FAA will sport aircraft, it would rely on certificate the issuance of safety directives. establish a procedure for FAA Aircraft action if public safety required. See the Accordingly, under § 91.327(b)(4), the Certification Service review of waiver discussion of ‘‘continued airworthiness’’ FAA is adopting operating limitations requests. This review will examine under ‘‘Definition of Consensus that require compliance with these whether the manufacturer followed the Standards’’ in § 1.1. The FAA did not Safety Directives. This prohibits the criteria in the consensus standard and entirely, however, preclude the operation of a special light-sport aircraft issued the Safety Directive to correct an possibility of issuing ADs against with a known unsafe condition. The unsafe condition. This waiver request special light-sport aircraft. In the NPRM, final rule also requires compliance with procedure will be described in the the FAA said it would issue ADs for applicable Safety Directives. These guidance material for the rule. special light-sport aircraft if public safety directives may be issued by Alterations (now § 91.327(b)(5)): safety required, or as a consequence of persons other than the manufacturer Paragraph (b)(5) adds a prohibition a serious breakdown in the fulfillment who are acceptable to the FAA, such as against operating a special light-sport of a manufacturer’s responsibility to licensees authorized by the aircraft unless each alteration made after support its aircraft. manufacturer or successors. its date of manufacture meets the applicable consensus standard and has The FAA issues ADs to correct an Safety Directives may be issued only been authorized by either the existing unsafe condition in a product to correct unsafe conditions that are manufacturer or a person acceptable to when the condition is likely to exist or likely to occur in other aircraft of the the FAA. If an aircraft has been develop in other products of the same same make and model. Safety Directives improperly altered, contains type design. They are issued for engines, should not address problems unique to unauthorized parts, or has been repaired propellers, and other products approved a single aircraft, nor should they be used outside the limits specified in the under a TC or an STC, or that are for product improvements or manufacturer’s maintenance and manufactured under a production enhancements. Safety-of-flight certificate, a PMA, or a TSO inspection procedures manual, the determinations are made, and Safety authorization. aircraft will no longer meet the Directives issued, in accordance with As the result of comments on the consensus standard and is not NPRM, the maximum takeoff weight for the consensus standard for continued considered safe to fly. This light-sport aircraft is increased so that airworthiness. Section 91.327(b)(4) determination is similar to that made for products, such as more reliable type- permits, and consensus standard will type-certificated aircraft. A type- certificated engines and propellers, can include, procedures for an owner or certificated aircraft that has been be installed on these aircraft. operator to request approval for other improperly altered, or has unapproved Installation of type certificated engines, means of correcting unsafe conditions parts installed, no longer meets its type propellers and other products described that differ from the means described in design and is considered unairworthy. in the preceding paragraph means that a Safety Directive. This operating limitation is consistent the FAA must address maintenance A special light-sport aircraft will be with the change to the definition of performance and recording procedures considered ineligible for a special light- ‘‘consensus standard’’ in § 1.1, which for complying with ADs issued for such sport category airworthiness certificate includes a requirement that the products if they are installed on special if an applicable Safety Directive or an consensus standard address the light-sport aircraft. This is necessary AD has not been complied with. If an identification and recording of major because such products will have owner or operator decides not to comply repairs and major alterations. See continued airworthiness instructions with a Safety Directive, his or her discussion of ‘‘consensus standard’’ in provided as a part of their FAA aircraft may be re-certificated as an § 1.1 above. This change to § 91.327 also approval. As a result, paragraph (b)(3) experimental aircraft under supports the requirement in adds a requirement that the owner or § 21.191(i)(3). Owners and operators of § 21.181(a)(3)(ii) that a special operator comply with all applicable ADs experimental light-sport aircraft are not airworthiness certificate in the light- for FAA-approved products installed on required to comply with Safety sport category is effective as long as the special light-sport aircraft. Directives. aircraft conforms to its original The FAA notes that an owner or If an operator would like to maintain configuration, except for those properly operator may request an alternate means the special light-sport aircraft authorized alterations performed in of compliance with an AD. An owner or airworthiness certificate without accordance with an applicable operator can contact the FAA person following a Safety Directive, there are consensus standard. whose name is given in the applicable two ways to do this. Major repairs and major alterations AD and ask for approval to correct the (1) The owner or operator may (now § 91.327(b)(6)): The FAA is unsafe condition in a manner different approach the person that issued the changing the definition of ‘‘consensus than required by the AD. Safety Directive and request permission standard’’ in § 1.1 to include a The FAA is adding a requirement in to use a different method to correct the requirement that a consensus standard paragraph (b)(4) that owners or unsafe condition, as specified under address the identification of major operators of special light-sport aircraft § 91.327(b)(3)(i). The person issuing the repairs and major alterations applicable

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to special light-sport aircraft and how Additional Maintenance equipment list. As proposed in § 21.186, those major repairs and major Requirements for Aircraft Used for the FAA would have required a person alterations are recorded. The aircraft Flight Training and Towing (now seeking a special light-sport category consensus standard should allow for the § 91.327(c)): Proposed paragraph (b)(2) airworthiness certificate to submit a identification of major repairs and major would have addressed special pilot operating handbook (renamed alterations by the manufacturer, or inspection requirements for special ‘‘operating instructions’’ in the final person acceptable to the FAA, on parts light-sport aircraft used for flight rule). That handbook, however, would produced under a consensus standard. training. These special requirements not have required FAA approval. In addition, the consensus standard were proposed to insure a higher degree Therefore, current § 91.9, which should identify how major alterations of safety when these aircraft are used for requires compliance with the operating will be authorized by the manufacturer this type of operation. As discussed limitations specified in the approved and how major repairs and alterations above, § 91.327(a) has been changed to flight manual, would not have applied. will be recorded. allow both flight training and towing This provision corrects that oversight The reason the FAA is now requiring gliders and unpowered ultralight and requires a pilot to operate the that manufacturers identify major vehicles as exceptions to the general aircraft in accordance with its operating repairs and major alterations and how prohibition against use of these aircraft instructions. Additionally, the FAA those repairs and alterations will be for compensation or hire. To ensure a notes that these operating instructions recorded is that design data that meets higher level of safety for aircraft used in will specify equipment necessary for the aircraft consensus standard is only operations in which compensation may particular types of flight operations. FAA-accepted data, not FAA-approved be provided, the FAA will require 100- This new requirement is necessary data. Therefore, the FAA is not hour inspections for aircraft used for because § 91.205, which specifies requiring the use of approved data for towing a glider or unpowered ultralight instrument and equipment requirements repairs or alterations on products vehicle for compensation. This new for particular flight operations, does not produced without an FAA approval, or requirement is in addition to the apply to aircraft that are not issued the use of a form that requires the listing originally proposed requirement for a standard airworthiness certificates. of approved data for a major repair or 100-hour inspection when the aircraft is Passenger warnings (now § 91.327(e)): major alteration on products produced used for flight training. Further, the New paragraph (e) of the final rule without an FAA approval and installed FAA believes that added aircraft stress requires that the operator of a special on special light-sport aircraft. placed on these aircraft as a result of light-sport aircraft advise each person of The final rule does not require their use in towing operations the nature of the aircraft, and that it persons performing work on special necessitates this additional inspection does not meet the airworthiness light-sport aircraft to use FAA Form 337 requirement. requirements for an aircraft issued a for major repairs and major alterations As originally proposed, paragraph standard airworthiness certificate. The on products produced without an FAA (b)(2) would have required one type of requirement for passenger warning is approval, as required by §§ 43.5(b) and inspection within 100 hours of time in consistent with the warning 43.9(d). They do not have to use the list service. That inspection requirement is requirements for other non-type- of major repairs and major alterations in contained in paragraph (c)(1) of the final certificated aircraft, but was part 43 appendix A sections (a) and (b) rule. Paragraph (c)(2) is added in the inadvertently omitted from the for products produced without an FAA final rule to allow a second type of proposed rule. The final rule corrects approval. They also are not required to inspection to satisfy the 100-hour this oversight. Some commenters, record major repairs and major requirement for aircraft that are used in noting and recommending correction of alterations in accordance with part 43 towing or flight training. An inspection the FAA’s oversight, asked whether appendix B for those parts and products for the issuance of an airworthiness placards could be used to provide this produced without an FAA approval, certificate in accordance with part 21 is warning. Placards are acceptable if such as those manufactured under a acceptable as a replacement for the 100- displayed so that a passenger can consensus standard. For additional hour inspection. This change is added readily see and take note of the warning. discussion, see part 43 above. to the rule because, before an Additional limitations (now Recordkeeping requirements for major airworthiness certificate is issued for an § 91.327(f)): This paragraph was repairs and major alterations performed aircraft, it must be inspected and originally proposed as paragraph (c). It on type-certificated products (now determined to be safe to fly. The states that the FAA may impose § 91.327(b)(7)): Several commenters inspection for the issuance of a special additional limitations on special light- requested a higher weight limit for airworthiness certificate in the light- sport aircraft that the FAA considers special light-sport category aircraft for sport category is similar in scope and necessary. The proposed paragraph is the purpose of installing type- detail to 100-hour inspection. Therefore adopted with minor wording changes. certificated engines and propellers. As the FAA has determined that requiring Note that under this provision, the FAA discussed in § 91.327(b)(1) and in part two similar inspections within the first may consider limiting the passengers 43, the FAA determined that it is 100-hour time period after an aircraft is that can be carried on these aircraft if necessary that the performance and issued its airworthiness certificate is not operational experience demonstrates recording of maintenance work on these necessary. such a need. aircraft generally meet the requirements Operating instructions (now of part 43. This paragraph of the rule § 91.327(d)): New paragraph (d) requires Changes specifically requires the owner or the operator of a special light-sport Proposed § 91.327 is revised and operator to comply with the aircraft to operate the aircraft in reorganized in the final rule, as follows. recordkeeping requirements for the accordance with the aircraft Paragraph (a) is revised to more recording of major repairs and major manufacturer’s operating instructions. It clearly specify the operating limitations alterations performed on type- also requires the operator to have the for a special light-sport aircraft, and to certificated products in accordance with necessary equipment on board the indicate that these aircraft may not be § 43.9(d), and with the retention aircraft for the type of operation used for compensation or hire except to requirements in § 91.417. conducted, as specified in the aircraft’s tow a glider or unpowered ultralight

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vehicle in accordance with § 91.309, or produced under a consensus standard is proposed term ‘‘light-sport aircraft’’ to to conduct flight training. authorized, performed and inspected in ‘‘light-sport.’’ This change conforms Proposed paragraph (a)(1) is not accordance with maintenance and with the terminology adopted in part 21. adopted. inspection procedures developed by the Proposed paragraph (c)(1) of this In proposed paragraph (a)(2), the manufacturer or a person acceptable to section would have required that compensation or hire provisions are the FAA. inspections mandated by paragraphs (a) retained in paragraph (a) of the final Paragraph (b)(7) is added in the final and (b) not apply to aircraft that carry rule; however, the words ‘‘carrying rule. The paragraph requires an owner special flight permits, current persons or property’’ and ‘‘or for rental’’ or operator to comply with the experimental, light-sport or provisional are removed. The paragraph is further requirements for the recording and airworthiness certificates. The FAA revised to permit special light-sport retention of records for major repairs received one comment requesting that aircraft to be used for compensation or and major alterations performed on the FAA differentiate between the hire while towing a glider or an type-certificated products. [special] light-sport category and the unpowered ultralight vehicle in Proposed paragraph (c) is moved to light-sport experimental category accordance with § 91.309. paragraph (f) in the final rule, as because experimental aircraft have Proposed paragraphs (a)(3) through discussed below. always had specific limitations to (a)(5), which addressed maintenance, Paragraph (c) (proposed as paragraph control inspection, repair, and condition inspections, and safety-of- (b)) is expanded in the final rule. The alteration. The FAA notes that flight issues, are revised and moved to proposal addressed aircraft used to experimental aircraft, such as amateur- paragraph (b) of the final rule, as provide flight instruction. In the final built aircraft, are not subject to the described below. rule, the paragraph addresses aircraft inspection requirements of paragraphs Proposed paragraph (b) provisions are used for compensation or hire to tow (a) and (b) and only require an annual moved to paragraph (c) in the final rule, gliders or unpowered ultralight vehicles condition inspection. Special light-sport as described below. or to conduct flight training. To be aircraft are also not subject to the Paragraph (b)(1) (proposed as operated for this flight instruction or inspection requirements of paragraphs paragraph (a)(3)) is modified in the final towing, an aircraft must be inspected in (a) and (b); however, the operating rule to reflect that special light-sport accordance with inspection procedures limitations set forth in § 91.327 impose aircraft must be maintained in developed by the aircraft manufacturer requirements for a condition inspection accordance with the applicable or person acceptable to the FAA and every 12 calendar months and an provisions of part 43. In addition, the approved for return to service in inspection within the preceding 100 words ‘‘aircraft manufacturer’s accordance with part 43 within the last hours of time in service if the aircraft maintenance and inspection 100 hours of time in service. has been used for certain operations. procedures’’ are changed to Alternatively, to meet this requirement, ‘‘maintenance and inspection an aircraft can be inspected for the Changes procedures developed by the aircraft issuance of an airworthiness certificate. Paragraph (c)(1) is adopted with no manufacturer or a person acceptable to The original proposal only would have substantive change. the FAA.’’ permitted a condition inspection to be Paragraph (b)(2) (proposed as performed and only addressed flight Appendix D to Part 91 paragraph (a)(4)) is modified in the final training. The introductory text of Section 4 is rule by changing the words ‘‘aircraft Paragraph (d) is added in the final revised to prohibit sport and manufacturer’s maintenance and rule. It requires the operator of a special recreational pilot operations at those 12 inspection procedures’’ to ‘‘inspection light-sport aircraft to operate the aircraft airports specified in the section. Section procedures developed by the aircraft in accordance with its operating 91.131(b)(2) states that no person may manufacturer or a person acceptable to instructions, including the equipment take off or land a civil aircraft at those the FAA.’’ In addition, the term requirements specified in the aircraft’s airports listed in that section unless the ‘‘repairman with a light-sport aircraft equipment list. pilot in command holds at least a maintenance rating’’ is changed to Paragraph (e) is added in the final private pilot certificate. Section 4 is ‘‘repairman (light-sport aircraft) with a rule. It contains a requirement that the revised to be consistent with the maintenance rating.’’ operator of a special light-sport aircraft provisions of § 91.131(b)(2). Paragraph (b)(3) is added to the final advise each person carried of the special rule to require an owner or operator to nature of the aircraft and that it does not Changes comply with all applicable meet the airworthiness requirements for The section heading and the airworthiness directives. a standard category aircraft. introductory text of Section 4 are Paragraph (b)(4) (proposed as Paragraph (f) (proposed as paragraph revised as discussed above. paragraph (a)(5)) is modified in the final (c)) is adopted with minor wording VI. Plain Language rule to require compliance with safety changes. directives. The paragraph also describes Executive Order 12866 (58 FR 51735, Section 91.409 Inspections procedures for alternative compliance Oct. 4, 1993) requires each agency to with safety directives. This section is revised to correct the write regulations that are simple and Paragraph (b)(5) is added to the final proposed language. The NPRM stated easy to understand. In the NPRM, the rule to require that each alteration done that paragraphs (a) and (b) would not FAA used Plain Language techniques, after an aircraft’s date of manufacture apply to ‘‘an aircraft that carries the such as question-and-answer format, use meets the applicable and current following special airworthiness of pronouns, short sentences, and clear consensus standard and has been certificates: special flight permit, light- outlining of the preamble discussion. authorized by either the manufacturer or sport aircraft, current experimental, or One of the questions the FAA asked for a person acceptable to the FAA. provisional.’’ In the final rule, the FAA the On-Line Forum was whether readers Paragraph (b)(6) is added in the final is eliminating the unnecessary reference found the document clear and easy to rule. The paragraph requires that each to special airworthiness certificates. understand. Approximately 70 people major alteration to an aircraft product Additionally, the FAA is changing the responded.

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About a dozen commenters said they FAA revises any sections of 14 CFR in Number 2120–0690. This rule was did not find the NPRM easier to read, other rulemaking actions, it is using proposed in the Federal Register of but most did not go into detail. clearer language. February 5, 2002. At that time, the FAA About 30 others said that they thought The remaining commenters requested public comments on the the format of the NPRM was a great (approximately 30) said that they did proposed information collection improvement over other regulations, but find the NPRM clear and easy to read, requirements. Some commenters stated that the complexity of the subject and and they appreciated the FAA’s efforts that it would be an unnecessary expense the length of the document made it still to write it in plain language. for ultralight pilots seeking a sport pilot somewhat difficult to follow. Some said VII. Paperwork Reduction Act certificate to provide notarized copies of they did not like having to read ultralight association records. The FAA references to other regulations As required by the Paperwork agrees with the commenters and is elsewhere in 14 CFR that were not Reduction Act of 1995 (44 U.S.C. removing the requirement that the reproduced in the NPRM, or that they 3507(d)), the FAA submitted a copy of copies be notarized. See the discussion thought those regulations should have the information collection of § 61.329 above. been rewritten to match the plain requirements(s) in this final rule to the The description of the annual burden language style of the new regulations. Office of Management and Budget is shown below. Some said that they had concerns that (OMB) for its review. An agency may some provisions could be not collect or sponsor the collection of Description of Respondents: misinterpreted, or that the NPRM did information, nor may it impose an Manufacturers, aircraft owners, pilots, not answer all of the questions they had. information collection requirement flight instructors with a sport pilot The FAA agrees that it would be best to unless it displays a currently valid OMB rating, and maintenance personnel. revise all of the related sections in 14 control number. Persons are not Estimated Burden: The FAA expects CFR in plain language format and required to respond to a collection of that this rule will affect those dealing reproduce them in one document for the information unless it displays a with the certification, operation, reader’s convenience; however, such a currently valid OMB control number. maintenance, and manufacture of light- large task would have caused a This rule contains information sport aircraft, as well as flight considerable delay and resulted in a collections that are subject to review by instructors with a sport pilot rating. much longer document. The FAA is OMB under the Paperwork Reduction The final rule, which imposes clarifying and simplifying other Act of 1995 (Pub. L. 104–13). OMB additional reporting and recordkeeping regulations throughout 14 CFR as approved the collection of this requirements, will have the following opportunities arise; that is, when the information and assigned OMB Control impacts, by CFR part number:

Time Part (in hours) Cost

21 ...... 53,849.80 $2,965,211 47 ...... 6,134.75 202,194 61 (Pilots) ...... 10,676.67 1,185,993 61 (Instructors) ...... 376.99 54,039 43, 65, 91 (Maintenance) ...... 1,316 2,147,791 183 ...... 233.1717 17,841

Total ...... 72,582.38 6,573,069

The regulation will increase paperwork for the Federal government, as shown in the following table:

Time Category (in hours) Cost

Aircraft certification ...... 5,429 $397,027 Pilot and instructor qualifications ...... 795 41,537 Maintenance ...... 803 45,479 Miscellaneous ...... 928.39 39,690

Total ...... 7,955.39 523,733

VIII. International Compatibility Standards and Recommended Practices intended regulation justify its costs. that correspond to this regulation. Second, the Regulatory Flexibility Act In keeping with U.S. obligations of 1980 requires agencies to analyze the IX. Economic Assessment under the Convention on International economic impact of regulatory changes Civil Aviation, it is FAA policy to Changes to Federal regulations must on small entities. Third, the Trade comply with International Civil undergo several economic analyses. Agreements Act (19 U.S.C. 2531–2533) Aviation Organization (ICAO) Standards First, Executive Order 12866 directs prohibits agencies from setting and Recommended Practices to the each Federal agency to propose or adopt standards that create unnecessary maximum extent practicable. The FAA a regulation only upon a reasoned obstacles to the foreign commerce of the has determined that there are no ICAO determination that the benefits of the United States. In developing U.S.

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standards, this Trade Agreements Act may be certified as special light-sport • All monetary values are expressed also requires agencies to consider aircraft or as experimental light-sport in 2002 dollars. international standards and, where aircraft. • Number of existing aircraft and appropriate, use them as the basis of • Current ultralight instructors pilots/instructors affected—15,300. U.S. standards. Fourth, the Unfunded operating under the part 103 training • The number of new sport pilots is Mandates Reform Act of 1995 (Public exemption that receive a flight estimated to be 400 for each of the first Law 104–4) requires agencies to prepare instructor certificate with a sport pilot two years. The number of new sport a written assessment of the costs, rating and plan to continue flight pilots will increase by 400 every two benefits, and other effects of proposed instructing will have to replace their years, so by 2012 and 2013 there will be or final rules that include a Federal existing training aircraft within five 2,000 new sport pilots each year for a mandate likely to result in the years after the rule is enacted with a total of 12,000 new sport pilots over ten expenditure by State, local, or tribal certificated special light-sport aircraft years. The number of new sport pilot governments, in the aggregate, or by the (§ 21.190) in order to continue to offer instructors is estimated to be 70 for each private sector, of $100 million or more training for compensation. of the first two years (2004–2005). The annually (adjusted for inflation). • Sport pilot organizations or some number of new sport pilot instructors In conducting these analyses, FAA for-profit organizations will develop will increase by 20 every two years, so has determined this rule (1) has benefits training courses for instructors with a by 2012 and 2013 there will be 150 new that justify its costs, is a ‘‘significant sport pilot rating to purchase. sport pilot instructors each year for a regulatory action’’ as defined in section • Some existing aircraft will fit the total of 1,100 new sport pilot instructors 3(f) of Executive Order 12866 and is definition of light-sport aircraft and over ten years. The new instructors will ‘‘significant’’ as defined in DOT’s anyone with a sport pilot certificate will come from the existing sport pilots or Regulatory Policies and Procedures; (2) be allowed to fly them provided they are new sport pilots from prior years. will not have a significant economic only exercising sport pilot privileges. • From 2006 to 2013 the affected impact on a substantial number of small Under the current rules a private or population of pilots and instructors will entities; (3) will not result in an recreational pilot certificate would be grow at 6.82 percent a year. This rate international trade disadvantage; and (4) required to operate these aircraft. was used in projecting future accidents. does not impose an unfunded mandate • New sport pilot Designated • Value of fatality avoided—$3.0 on State, local, or tribal governments, or Airworthiness Representatives (DARs) million. on the private sector. These analyses, for light-sport aircraft will need to take • Value of serious injury avoided— available in the docket, are summarized a three-day training course in order to $580,700. below. issue airworthiness certificates for light • Value of avoiding destroyed aircraft—$18,083. Total Costs and Benefits of This sport aircraft. • • Value of avoiding substantially Rulemaking New Designated Pilot Examiners (DPEs) for sport pilots will have to take damaged aircraft—$9,041. The estimated cost of this final rule is a five-day training course in order to Alternatives the FAA Considered $221.0 million ($158.4 million, prepare them to examine sport pilots discounted). The estimated potential and sport pilot instructors. Alternative One—Status Quo: The benefits fall within the range of $85.3 • The FAA will work with industry status quo represents a situation in million (the set of preventable NTSB in developing and overseeing the which the FAA would issue training accidents) and $325.4 million (the set of consensus standards. exemptions from part 103 indefinitely. preventable NTSB accidents and the • The FAA will develop Advisory This would perpetuate ‘‘rulemaking by preventable association accidents). The Circulars, orders, and articles for the exemption,’’ which the FAA wants to discount benefits range between $57.7 light sport repairman course avoid. million and $220.3 million. requirements. Alternative Two—Strictly Enforce Who Is Potentially Affected by This • The FAA will develop and provide Current Regulations: The second Rulemaking? training programs for Designated alternative is to strictly enforce the Airworthiness Representatives, and current rules that could apply to sports Private Sector Designated Pilot Examiners. pilots. The problem with this is that the • All 14,000 pilots of unregistered • The FAA will appoint, supervise existing rules on these types of ultralight-like aircraft must obtain sport and renew light-sport DARs, and sport operations and aircraft were developed pilot certifications, must have their pilot DPEs. long before sports pilots became a large aircraft inspected and certified, and • The FAA will develop practical test and growing part of aviation. The must have their aircraft maintained by standards and knowledge test standards current rules, if strictly enforced, would appropriately trained repairmen. for prospective sport pilots and flight result in very costly requirement • Existing uncertified vehicles that fit instructors with a sport pilot rating requirements. From 2004 to 2013, the the definition of light-sport aircraft will applying for certification. total cost of this alternative will be not be issued experimental certificates • Each light-sport aircraft issued an approximately $478 million ($368 after August 31, 2007. experimental certificate or a special million discounted). • Manufacturers of aircraft will light-sport airworthiness certificate will Benefits of This Rulemaking produce special light sport aircraft be registered in the FAA Civil Aviation certificated under § 21.190 that adhere Registry. The FAA has performed an analysis of to manufacturer’s consensus standards. • The NTSB will investigate potential safety benefits of this rule. • New kit-built light-sport aircraft accidents involving light-sport aircraft. Safety benefits are the number of that are produced under consensus accidents that may be avoided because standards will have to be certified as The FAA’s Cost Assumptions and of the rule, with their attendant experimental light-sport aircraft, under Sources of Information fatalities, injuries and property damage. § 21.191(i)(2). • Discount rate—7%. This analysis estimated accidents • New factory built light-sport aircraft • Period of analysis—2004 through prevented from two sets of data. One set produced under consensus standards 2013. of data was U.S. Government data—the

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NTSB and NASDAC databases that X. Regulatory Flexibility Determination XI. International Trade Impact included accidents involving Assessment The Regulatory Flexibility Act of 1980 certificated and uncertificated aircraft The Trade Agreement Act of 1979 that meet the definition of light-sport (RFA) directs the FAA to fit regulatory requirements to the scale of the prohibits Federal agencies from aircraft. The second set was from three engaging in any standards or related of the FAA recognized ultralight business, organizations, and governmental jurisdictions subject to activities that create unnecessary organizations that contained records of obstacles to the foreign commerce of the accidents of aircraft meeting the the regulation. The FAA is required to determine whether a proposed or final United States. Legitimate domestic definition of light-sport aircraft, but objectives, such as safety, are not action will have a ‘‘significant economic were not FAA certificated. considered unnecessary obstacles. The impact on a substantial number of small statute also requires consideration of Accidents from the government entities’’ as they are defined in the Act. international standards and, where databases included 19 between 1995 If the FAA finds that the action will appropriate, that they be the basis for and 2002 that would likely be prevented have a significant impact, the FAA must U.S. standards. This effort includes both by this rule. The projected total do a ‘‘regulatory flexibility analysis.’’ estimated benefits from avoiding those barriers affecting the export of American accidents that were in the U.S. Most of the individual sport pilots goods and services to foreign countries Government databases are $85.3 million impacted by this rulemaking are people and barriers affecting the import of ($57.7 million, discounted) over the who are flying as a hobby. The foreign goods and services into the next ten years. Regulatory Flexibility Act does not United States. apply to them. However, some of the In accordance with the above statute, A review of the information from the sport pilot instructors are providing the FAA has assessed the potential trade organizations revealed that there instruction as a business endeavor, and effect of the proposal and has were 57 accidents between 1995 and in these cases the Regulatory Flexibility determined that it will not present a 2002 that involved light-sport type Act does apply. Costs imposed on significant impediment to either U.S. aircraft. The estimated potential benefits instructors are between $6,000 and firms doing business aboard or foreign fall within the range of $85.3 million $7,000 over a ten-year period. This cost firms doing business in the United (the set of preventable NTSB accidents) does not include any cost for the States. The rule is expected to stimulate and $325.4 million (the set of maintenance repair class. The rule a great deal of growth for the light-sport preventable NTSB accidents and the allows a sport pilot with an instructor aircraft aviation industry in the United preventable association accidents). The rating to take this class; the rule does States and abroad. The belief that no discounted benefits range between $57.7 not mandate it. For this reason, the cost significant trade disadvantage will take million and $220.3 million. of this class is not considered in this place is based on the premise that the Costs of This Rulemaking regulatory flexibility determination. On number of the requirements contained an annualized basis, these imposed in the rule (namely, aircraft certification From 2004 to 2013, the total cost of costs are between $630 and $820, which standards) essentially mirrors those that the rule will be approximately $221.0 the FAA does not consider as significant already exist internationally. million ($158.4 million, discounted). costs. Some existing instructors will XII. Unfunded Mandates Assessment The total cost of the rule consists of have to acquire a new light sport aircraft private sector costs and government within five years if they plan to The Unfunded Mandates Reform Act of 1995 (the Act) is intended, among costs. Private sector costs will be continue instructing student sport other things, to curb the practice of approximately $202.0 million ($144.5 pilots. A little over a quarter of the new imposing unfunded Federal mandates million, discounted), of which $139.5 and existing sport pilot instructors on State, local, and tribal governments. million ($98.9 million, discounted) would be impacted by this provision of Title II of the Act requires each represent the out-of-pocket costs. the rule. For these instructors, if they Government costs will be approximately Federal agency to prepare a written are not able to sell their old light sport statement assessing the effects of any $18.9 million ($13.9 million, aircraft, the ten year imposed cost of discounted). Federal mandate in a proposed or final this rule could be as high as $11,700 or agency rule that may result in an Differences in the NPRM Economic $1,220 annualized (in most cases the expenditure of $100 million or more Evaluation and the Final Rule Economic cost would be less). For some weekend (adjusted annually for inflation) in any Evaluation instructors these costs may be more than one year by State, local, and tribal what they may wish to incur, and they governments, in the aggregate, or by the Estimated costs and benefits have would stop being instructors. The FAA private sector; such a mandate is changed significantly in the final rule does not believe this will occur, because deemed to be a ‘‘significant regulatory regulatory evaluation from the NPRM the FAA believes that most, possibly all, action.’’ The FAA currently uses an regulatory evaluation. The NPRM of these instructors will be able to sell inflation-adjusted value of $120.7 estimated costs of $40.3 million ($33.9 their old light sport aircraft that this rule million in lieu of $100 million. million, discounted) in 1999 dollars, requires them to replace. By selling their Since the compliance cost of the rule while the final rule cost estimates are old light sport aircraft, these impacted does not exceed $100 million in any of $221.0 million ($158.4 million, instructors could reduce the ten-year the years, the rule does not contain such discounted) in 2002 dollars. The NPRM costs imposed by this provision to about a mandate. Therefore, the requirements estimated benefits of $221.4 million $6,000, which could reduce their of Title II of the Unfunded Mandates ($153.3 million, discounted) and the annualized costs to $630. The FAA does Reform Act of 1995 do not apply. final rule estimates the potential not consider this to be a significant cost. benefits to fall within the range of $85.3 Consequently, the FAA certifies that the XIII. Executive Order 13132, million and $325.4 million (between rule will not have a significant Federalism $57.7 million and $220.3 million, economic impact on a substantial The FAA has analyzed this final rule discounted). number of sport pilot instructors. under the principles and criteria of

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Executive Order 13132, Federalism. The The Amendments (7) A fixed or ground-adjustable FAA determined that this action will propeller if a powered aircraft other I not have a substantial direct effect on In consideration of the foregoing, the than a powered glider. the States, or the relationship between Federal Aviation Administration (8) A fixed or autofeathering propeller the national Government and the States, amends 14 CFR chapter I as follows: system if a powered glider. or on the distribution of power and (9) A fixed-pitch, semi-rigid, teetering, PART 1—DEFINITIONS AND two-blade rotor system, if a gyroplane. responsibilities among the various ABBREVIATIONS levels of government, and therefore does (10) A nonpressurized cabin, if not have federalism implications. I 1. The authority citation for part 1 equipped with a cabin. (11) Fixed landing gear, except for an continues to read as follows: XIV. Environmental Analysis aircraft intended for operation on water Authority: 49 U.S.C. 106(g), 40113, 44701. or a glider. FAA Order 1050.1E identifies FAA I 2. Amend § 1.1 by adding the following (12) Fixed or repositionable landing actions that are categorically excluded definitions in alphabetical order to read gear, or a hull, for an aircraft intended from preparation of an environmental as follows: for operation on water. assessment or environmental impact (13) Fixed or retractable landing gear statement under the National § 1.1 General definitions. for a glider. Environmental Policy Act in the * * * * * * * * * * absence of extraordinary circumstances. Consensus standard means, for the Powered parachute means a powered The FAA has determined this purpose of certificating light-sport aircraft comprised of a flexible or semi- rulemaking action qualifies for the aircraft, an industry-developed rigid wing connected to a fuselage so categorical exclusion identified in consensus standard that applies to that the wing is not in position for flight paragraph 312f. and involves no aircraft design, production, and until the aircraft is in motion. The extraordinary circumstances. airworthiness. It includes, but is not fuselage of a powered parachute XV. Energy Impact limited to, standards for aircraft design contains the aircraft engine, a seat for and performance, required equipment, each occupant and is attached to the The energy impact of this rule has manufacturer quality assurance systems, aircraft’s landing gear. been assessed in accordance with the production acceptance test procedures, * * * * * Energy Policy and Conservation Act operating instructions, maintenance and Weight-shift-control aircraft means a (EPCA) Public Law 94–163, as amended inspection procedures, identification powered aircraft with a framed pivoting (42 U.S.C. 6362) and FAA Order 1053.1. and recording of major repairs and wing and a fuselage controllable only in The FAA has determined that the final major alterations, and continued pitch and roll by the pilot’s ability to rule is not a major regulatory action airworthiness. change the aircraft’s center of gravity under the provisions of the EPCA. * * * * * with respect to the wing. Flight control of the aircraft depends on the wing’s List of Subjects Light-sport aircraft means an aircraft, other than a helicopter or powered-lift ability to flexibly deform rather than the 14 CFR Part 1 that, since its original certification, has use of control surfaces. continued to meet the following: * * * * * Air transportation. (1) A maximum takeoff weight of not PART 21—CERTIFICATION 14 CFR Part 21 more than— (i) 660 pounds (300 kilograms) for PROCEDURES FOR PRODUCTS AND Aircraft, Aviation safety, Exports, lighter-than-air aircraft; PARTS Imports, Reporting and recordkeeping (ii) 1,320 pounds (600 kilograms) for I requirements. 3. The authority citation for part 21 aircraft not intended for operation on continues to read as follows: 14 CFR Part 43 water; or (iii) 1,430 pounds (650 kilograms) for Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 44701–44702, 44707, Aircraft, Aviation safety, Reporting an aircraft intended for operation on 44709, 44711, 44713, 44715, 45303. and recordkeeping requirements. water. (2) A maximum airspeed in level I 4. Amend § 21.175 by revising 14 CFR Part 45 flight with maximum continuous power paragraph (b) to read as follows: Aircraft, Exports, Signs and symbols. (VH) of not more than 120 knots CAS § 21.175 Airworthiness certificates: under standard atmospheric conditions classification. 14 CFR Part 61 at sea level. * * * * * (3) A maximum never-exceed speed Aircraft, Airmen, Recreation and (b) Special airworthiness certificates (VNE) of not more than 120 knots CAS are primary, restricted, limited, light- recreation areas, Reporting and for a glider. recordkeeping requirements, Teachers. sport, and provisional airworthiness (4) A maximum stalling speed or certificates, special flight permits, and 14 CFR Part 65 minimum steady flight speed without experimental certificates. the use of lift-enhancing devices (V ) of S1 I 5. Amend § 21.181 by redesignating Air traffic controllers, Aircraft, not more than 45 knots CAS at the paragraph (a)(3) as paragraph (a)(4) and Airmen, Airports, Reporting and aircraft’s maximum certificated takeoff revising it to read as follows, and adding recordkeeping requirements. weight and most critical center of new paragraph (a)(3) to read as follows: 14 CFR Part 91 gravity. (5) A maximum seating capacity of no § 21.181 Duration. Air traffic control, Aircraft, Airmen, more than two persons, including the (a) * * * Airports, Aviation Safety, Noise control, pilot. (3) A special airworthiness certificate Reporting and recordkeeping (6) A single, reciprocating engine, if in the light-sport category is effective as requirements. powered. long as—

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(i) The aircraft meets the definition of issued by a foreign civil aviation (2) The aircraft is eligible for an a light-sport aircraft; authority. airworthiness certificate, flight (ii) The aircraft conforms to its (3) The aircraft must be inspected by authorization, or other similar original configuration, except for those the FAA and found to be in a condition certification in its country of alterations performed in accordance for safe operation. manufacture. with an applicable consensus standard (c) Manufacturer’s statement of I 8. Amend § 21.191 by revising the and authorized by the aircraft’s compliance for light-sport category heading of paragraph (h) and adding manufacturer or a person acceptable to aircraft. The manufacturer’s statement paragraph (i) to read as follows: the FAA; of compliance required in paragraph (iii) The aircraft has no unsafe (b)(1)(iii) of this section must— § 21.191 Experimental certificates. condition and is not likely to develop an (1) Identify the aircraft by make and * * * * * unsafe condition; and model, serial number, class, date of (h) Operating primary kit-built (iv) The aircraft is registered in the manufacture, and consensus standard aircraft. *** United States. used; (i) Operating light-sport aircraft. (4) An experimental certificate for (2) State that the aircraft meets the Operating a light-sport aircraft that— research and development, showing provisions of the identified consensus (1) Has not been issued a U.S. or compliance with regulations, crew standard; foreign airworthiness certificate and training, or market surveys is effective (3) State that the aircraft conforms to does not meet the provisions of § 103.1 for 1 year after the date of issue or the manufacturer’s design data, using of this chapter. An experimental renewal unless the FAA prescribes a the manufacturer’s quality assurance certificate will not be issued under this shorter period. The duration of an system that meets the identified paragraph for these aircraft after August experimental certificate issued for consensus standard; 31, 2007; operating amateur-built aircraft, (4) State that the manufacturer will (2) Has been assembled— exhibition, air-racing, operating primary make available to any interested person (i) From an aircraft kit for which the kit-built aircraft, or operating light-sport the following documents that meet the applicant can provide the information aircraft is unlimited, unless the FAA identified consensus standard: required by § 21.193(e); and establishes a specific period for good (i) The aircraft’s operating (ii) In accordance with manufacturer’s cause. instructions. assembly instructions that meet an (ii) The aircraft’s maintenance and applicable consensus standard; or * * * * * inspection procedures. (3) Has been previously issued a I 6. Amend § 21.182 by revising (iii) The aircraft’s flight training special airworthiness certificate in the paragraph (b)(2) to read as follows: supplement. light-sport category under § 21.190. § 21.182 Aircraft identification. (5) State that the manufacturer will I 9. Amend § 21.193 by adding monitor and correct safety-of-flight paragraph (e) to read as follows: * * * * * issues through the issuance of safety (b) * * * directives and a continued § 21.193 Experimental certificates: (2) An experimental certificate for an airworthiness system that meets the general. aircraft not issued for the purpose of identified consensus standard; * * * * * operating amateur-built aircraft, (6) State that at the request of the (e) In the case of a light-sport aircraft operating primary kit-built aircraft, or FAA, the manufacturer will provide assembled from a kit to be certificated operating light-sport aircraft. unrestricted access to its facilities; and in accordance with § 21.191(i)(2), an * * * * * (7) State that the manufacturer, in applicant must provide the following: I 7. Add § 21.190 to read as follows: accordance with a production (1) Evidence that an aircraft of the acceptance test procedure that meets an same make and model was § 21.190 Issue of a special airworthiness applicable consensus standard has— manufactured and assembled by the certificate for a light-sport category aircraft. (i) Ground and flight tested the aircraft kit manufacturer and issued a (a) Purpose. The FAA issues a special aircraft; special airworthiness certificate in the airworthiness certificate in the light- (ii) Found the aircraft performance light-sport category. sport category to operate a light-sport acceptable; and (2) The aircraft’s operating aircraft, other than a gyroplane. (iii) Determined that the aircraft is in instructions. (b) Eligibility. To be eligible for a a condition for safe operation. (3) The aircraft’s maintenance and special airworthiness certificate in the (d) Light-sport aircraft manufactured inspection procedures. light-sport category: outside the United States. For aircraft (4) The manufacturer’s statement of (1) An applicant must provide the manufactured outside of the United compliance for the aircraft kit used in FAA with— States to be eligible for a special the aircraft assembly that meets (i) The aircraft’s operating airworthiness certificate in the light- § 21.190(c), except that instead of instructions; sport category, an applicant must meet meeting § 21.190(c)(7), the statement (ii) The aircraft’s maintenance and the requirements of paragraph (b) of this must identify assembly instructions for inspection procedures; section and provide to the FAA the aircraft that meet an applicable (iii) The manufacturer’s statement of evidence that— consensus standard. compliance as described in paragraph (1) The aircraft was manufactured in (5) The aircraft’s flight training (c) of this section; and a country with which the United States supplement. (iv) The aircraft’s flight training has a Bilateral Airworthiness Agreement (6) In addition to paragraphs (e)(1) supplement. concerning airplanes or Bilateral through (e)(5) of this section, for an (2) The aircraft must not have been Aviation Safety Agreement with aircraft kit manufactured outside of the previously issued a standard, primary, associated Implementation Procedures United States, evidence that the aircraft restricted, limited, or provisional for Airworthiness concerning airplanes, kit was manufactured in a country with airworthiness certificate, or an or an equivalent airworthiness which the United States has a Bilateral equivalent airworthiness certificate agreement; and Airworthiness Agreement concerning

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airplanes or a Bilateral Aviation Safety perform preventive maintenance on any I a. Amending the third sentence of Agreement with associated aircraft owned or operated by that pilot paragraph (a) to revise the words Implementation Procedures for which is not used under part 121, 129, ‘‘paragraphs (c) and (d) of this section’’ Airworthiness concerning airplanes, or or 135 of this chapter. The holder of a to read ‘‘paragraphs (c), (d), and (e) of an equivalent airworthiness agreement. sport pilot certificate may perform this section’’; and preventive maintenance on an aircraft I b. Adding paragraph (e) to read as PART 43—MAINTENANCE, owned or operated by that pilot and follows. PREVENTIVE MAINTENANCE, issued a special airworthiness certificate REBUILDING, AND ALTERATION in the light-sport category. § 45.11 General. * * * * * * * * * * I 10. The authority citation for part 43 (e) For powered parachutes and continues to read as follows: I 13. Amend § 43.7 by adding paragraphs (g) and (h) to read as follows: weight-shift-control aircraft, the Authority: 49 U.S.C. 106(g), 40113, 44701, identification plate prescribed in 44703, 44705, 44707, 44711, 44713, 44717, § 43.7 Persons authorized to approve paragraph (a) of this section must be 44725. aircraft, airframes, aircraft engines, secured to the aircraft fuselage exterior propellers, appliances, or component parts so that it is legible to a person on the I 11. Amend § 43.1 by: for return to service after maintenance, ground. I a. Revising the introductory text of preventive maintenance, rebuilding, or I 17. Amend § 45.23 by revising paragraph (a); alteration. paragraph (b) to read as follows: I b. Revising paragraph (b); and * * * * * I c. Adding paragraph (d). (g) The holder of a repairman § 45.23 Display of marks; general. The revisions and additions read as certificate (light-sport aircraft) with a * * * * * follows: maintenance rating may approve an (b) When marks include only the aircraft issued a special airworthiness § 43.1 Applicability. Roman capital letter ‘‘N’’ and the certificate in light-sport category for registration number is displayed on (a) Except as provided in paragraphs return to service, as provided in part 65 (b) and (d) of this section, this part limited, restricted or light-sport category of this chapter. aircraft or experimental or provisionally prescribes rules governing the (h) The holder of at least a sport pilot certificated aircraft, the operator must maintenance, preventive maintenance, certificate may approve an aircraft also display on that aircraft near each rebuilding, and alteration of any— owned or operated by that pilot and entrance to the cabin, cockpit, or pilot * * * * * issued a special airworthiness certificate station, in letters not less than 2 inches (b) This part does not apply to any in the light-sport category for return to nor more than 6 inches high, the words aircraft for which the FAA has issued an service after performing preventive ‘‘limited,’’ ‘‘restricted,’’ ‘‘light-sport,’’ experimental certificate, unless the FAA maintenance under the provisions of ‘‘experimental,’’ or ‘‘provisional,’’ as has previously issued a different kind of § 43.3(g). applicable. airworthiness certificate for that aircraft. I 14. Amend § 43.9 by: I * * * * * I a. Revising the section heading; 18. Amend § 45.27 by adding (d) This part applies to any aircraft I b. Redesignating the concluding text of paragraph (e) to read as follows: issued a special airworthiness certificate paragraph (a) as paragraph (d); § 45.27 Location of marks; non-fixed-wing I in the light-sport category except: c. Revising new paragraph (d); and aircraft. (1) The repair or alteration form I d. Removing the reference ‘‘123’’ from * * * * * specified in §§ 43.5(b) and 43.9(d) is not paragraph (c). (e) Powered parachute and weight- required to be completed for products The revisions read as follows: shift-control aircraft. Each operator of a not produced under an FAA approval; § 43.9 Content, form, and disposition of powered parachute or a weight-shift- (2) Major repairs and major alterations maintenance, preventive maintenance, control aircraft must display the marks for products not produced under an rebuilding, and alteration records (except required by § 45.23. The marks must be FAA approval are not required to be inspections performed in accordance with displayed horizontally and in two recorded in accordance with appendix B part 91, part 125, § 135.411(a)(1), and diametrically opposite positions on any of this part; and § 135.419 of this chapter). fuselage structural member. (3) The listing of major alterations and * * * * * major repairs specified in paragraphs (a) (d) In addition to the entry required I 19. Amend § 45.29 by revising and (b) of appendix A of this part is not by paragraph (a) of this section, major paragraphs (b)(1)(iii) and (b)(2) to read as applicable to products not produced repairs and major alterations shall be follows: under an FAA approval. entered on a form, and the form § 45.29 Size of marks. I disposed of, in the manner prescribed in 12. Amend § 43.3 by revising * * * * * paragraphs (c) and (g) to read as follows: appendix B, by the person performing the work. (b) * * * § 43.3 Persons authorized to perform (1) * * * maintenance, preventive maintenance, PART 45—IDENTIFICATION AND (iii) Marks at least 3 inches high may rebuilding, and alterations. REGISTRATION MARKING be displayed on an aircraft for which the * * * * * FAA has issued an experimental (c) The holder of a repairman I 15. The authority citation for part 45 certificate under § 21.191 (d), § 21.191 certificate may perform maintenance, continues to read as follows: (g), or § 21.191 (i) of this chapter to preventive maintenance, and alterations Authority: 49 U.S.C. 106(g), 40103, 44109, operate as an exhibition aircraft, an as provided in part 65 of this chapter. 40113–40114, 44101–44105, 44107–44108, amateur-built aircraft, or a light-sport * * * * * 44110–44111, 44504, 44701, 44708–44709, aircraft when the maximum cruising (g) Except for holders of a sport pilot 44711–44713, 44725, 45302–45303, 46104, speed of the aircraft does not exceed 180 46304, 46306, 47122. certificate, the holder of a pilot knots CAS; and certificate issued under part 61 may I 16. Amend § 45.11 by: * * * * *

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(2) Airships, spherical balloons, category rating, time acquired during a A person who has applied for or held nonspherical balloons, powered flight conducted in an appropriate a medical certificate may exercise the parachutes, and weight-shift-control aircraft that— privileges of a sport pilot certificate aircraft must be at least 3 inches high; (A) Includes a point of landing at least using a current and valid U.S. driver’s and a straight line distance of more than 15 license only if that person— * * * * * nautical miles from the original point of (A) Has been found eligible for the departure; and issuance of at least a third-class airman PART 61—CERTIFICATION: PILOTS, (B) Involves, as applicable, the use of medical certificate at the time of his or FLIGHT INSTRUCTORS, AND GROUND dead reckoning; pilotage; electronic her most recent application; and INSTRUCTORS navigation aids; radio aids; or other (B) Has not had his or her most navigation systems to navigate to the recently issued medical certificate I 20. The authority citation for part 61 landing point. suspended or revoked or most recent continues to read as follows: * * * * * Authorization for a Special Issuance of Authority: 49 U.S.C. 106(g), 40113, 44701– (15) Student pilot seeking a sport pilot a Medical Certificate withdrawn. 44703, 44707, 44709–44711, 45102–45103, certificate means a person who has * * * * * 45301–45302. received an endorsement— I 23. Amend § 61.5 by: I 21. Amend § 61.1 by: (i) To exercise student pilot privileges I a. Redesignating paragraphs (a)(1)(ii) I a. Revising paragraphs (b)(3)(i) from a certificated flight instructor with through (a)(1)(v) as paragraphs (a)(1)(iii) introductory text and (b)(3)(ii) a sport pilot rating; or through (a)(1)(vi), respectively; introductory text; (ii) That includes a limitation for the I b. Redesignating paragraphs (b)(5) and I b. Redesignating paragraphs (b)(3)(iii), operation of a light-sport aircraft (b)(6) as paragraphs (b)(7) and (b)(8), (b)(3)(iv), (b)(3)(v), and (b)(15) as specified in § 61.89(c) issued by a respectively; and paragraphs (b)(3)(v), (b)(3)(vi), (b)(3)(vii), certificated flight instructor with other I c. Adding new paragraphs (a)(1)(ii), and (b)(16), respectively; and than a sport pilot rating. (b)(1)(vi), (b)(1)(vii), (b)(5), (b)(6), and I c. Adding new paragraphs (b)(3)(iii), * * * * * (c)(5) to read as follows: (b)(3)(iv), and (b)(15). I 22. Amend § 61.3 by: § 61.5 Certificates and ratings issued The additions and revisions read as I a. Revising paragraph (c)(2)(i); under this part. follows: I b. Redesignating paragraphs (c)(2)(ii) (a) * * * § 61.1 Applicability and definitions. through (c)(2)(vii) as paragraphs (1) * * * (c)(2)(vi) through (c)(2)(xi) respectively; (ii) Sport pilot. * * * * * I c. Revising the reference to ‘‘paragraph (b) * * * * * * * * (c)(2)(iii)’’ to read ‘‘paragraph (c)(2)(vii)’’ (3) * * * (b) * * * in newly redesignated paragraph (i) Except as provided in paragraphs (1) * * * (b)(3)(ii) through (b)(3)(vi) of this (c)(2)(viii); and (vi) Powered parachute. I d. Adding new paragraphs (c)(2)(ii) section, time acquired during flight— (vii) Weight-shift-control aircraft. through (c)(2)(v). * * * * * The revisions and additions read as * * * * * (ii) For the purpose of meeting the follows: (5) Weight-shift-control aircraft class aeronautical experience requirements ratings— (except for a rotorcraft category rating), § 61.3 Requirement for certificates, (i) Weight-shift-control aircraft land. for a private pilot certificate (except for ratings, and authorizations. (ii) Weight-shift-control aircraft sea. a powered parachute category rating), a * * * * * (6) Powered parachute class ratings— commercial pilot certificate, or an (c) * * * (i) Powered parachute land. instrument rating, or for the purpose of (2) * * * (ii) Powered parachute sea. exercising recreational pilot privileges (i) Is exercising the privileges of a * * * * * (except in a rotorcraft) under § 61.101 student pilot certificate while seeking a (c) * * * (c), time acquired during a flight— pilot certificate with a glider category (5) Sport pilot rating. * * * * * rating, a balloon class rating, or glider or * * * * * (iii) For the purpose of meeting the balloon privileges; I 24. Amend § 61.23 by: aeronautical experience requirements (ii) Is exercising the privileges of a I a. Revising paragraphs (a) introductory for a sport pilot certificate (except for student pilot certificate while seeking a text, (a)(3)(iii), (a)(3)(iv), (b) introductory powered parachute privileges), time sport pilot certificate with other than text, and (b)(1) through (b)(4); acquired during a flight conducted in an glider or balloon privileges and holds a I b. Redesignating paragraph (c) as appropriate aircraft that— current and valid U.S. driver’s license; paragraph (d); and (A) Includes a point of landing at least (iii) Is exercising the privileges of a I c. Adding new paragraph (c). a straight line distance of more than 25 student pilot certificate while seeking a The additions and revisions read as nautical miles from the original point of pilot certificate with a weight-shift- follows: departure; and control aircraft category rating or a (B) Involves, as applicable, the use of powered parachute category rating and § 61.23 Medical certificates: Requirement dead reckoning; pilotage; electronic holds a current and valid U.S. driver’s and duration. navigation aids; radio aids; or other license; (a) Operations requiring a medical navigation systems to navigate to the (iv) Is exercising the privileges of a certificate. Except as provided in landing point. sport pilot certificate with glider or paragraphs (b) and (c) of this section, a (iv) For the purpose of meeting the balloon privileges; person— aeronautical experience requirements (v) Is exercising the privileges of a * * * * * for a sport pilot certificate with powered sport pilot certificate with other than (3) * * * parachute privileges or a private pilot glider or balloon privileges and holds a (iii) When exercising the privileges of certificate with a powered parachute current and valid U.S. driver’s license. a student pilot certificate;

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(iv) When exercising the privileges of Issuance of a Medical Certificate for each person to operate the aircraft a flight instructor certificate, except for withdrawn; and safely; and a flight instructor certificate with a (iv) Not know or have reason to know * * * * * glider category rating or sport pilot of any medical condition that would (f) Light-sport aircraft with a single rating, if the person is acting as pilot in make that person unable to operate a seat. A practical test for a sport pilot command or is serving as a required light-sport aircraft in a safe manner. certificate may be conducted in a light- flight crewmember; or * * * * * sport aircraft having a single seat * * * * * I 25. Amend § 61.31 by: provided that the— (b) Operations not requiring a medical I a. Revising paragraphs (k)(1) and (1) Examiner agrees to conduct the certificate. A person is not required to (k)(2)(iii); test; hold a valid medical certificate— I b. Removing the word ‘‘or;’’ from the (2) Examiner is in a position to (1) When exercising the privileges of end of paragraph (k)(2)(iv) and placing it observe the operation of the aircraft and a student pilot certificate while at the end of paragraph (k)(2)(v); and evaluate the proficiency of the seeking— I c. Adding paragraph (k)(2)(vi). applicant; and (3) Pilot certificate of an applicant (i) A sport pilot certificate with glider The addition and revisions read as successfully passing the test is issued a or balloon privileges; or follows: (ii) A pilot certificate with a glider pilot certificate with a limitation ‘‘No category rating or balloon class rating; § 61.31 Type rating requirements, passenger carriage and flight in a single- (2) When exercising the privileges of additional training, and authorization seat light-sport aircraft only.’’ a sport pilot certificate with privileges requirements. I 27. Amend § 61.51 by: in a glider or balloon; * * * * * I a. Revising paragraphs (c)(1), (e)(1) (3) When exercising the privileges of (k) * * * introductory text, and (e)(1)(i); a pilot certificate with a glider category (1) This section does not require a I b. Redesignating paragraph (i)(3) as or balloon class rating; category and class rating for aircraft not (i)(4); and I (4) When exercising the privileges of type-certificated as airplanes, rotorcraft, c. Adding new paragraphs (i)(3) and a flight instructor certificate with— gliders, lighter-than-air aircraft, (i)(5). (i) A sport pilot rating in a glider or powered-lifts, powered parachutes, or The additions and revisions read as balloon; or weight-shift-control aircraft. follows: (ii) A glider category rating; (2) * * * § 61.51 Pilot logbooks. * * * * * (iii) The holder of a pilot certificate * * * * * (c) Operations requiring either a when operating an aircraft under the (c) * * * medical certificate or U.S. driver’s authority of— (1) Apply for a certificate or rating license. (1) A person must hold and (A) A provisional type certificate; or issued under this part or a privilege possess either a valid medical certificate (B) An experimental certificate, unless authorized under this part; or the operation involves carrying a issued under part 67 of this chapter or * * * * * passenger; a current and valid U.S. driver’s license (e) * * * when exercising the privileges of— * * * * * (1) A sport, recreational, private, or (i) A student pilot certificate while (vi) The holder of a sport pilot commercial pilot may log pilot-in- seeking sport pilot privileges in a light- certificate when operating a light-sport command time only for that flight time sport aircraft other than a glider or aircraft. during which that person— balloon; I 26. Amend § 61.45 by revising (i) Is the sole manipulator of the (ii) A sport pilot certificate in a light- paragraphs (a)(1)(ii), (a)(2)(i), and controls of an aircraft for which the sport aircraft other than a glider or (b)(1)(iii), and adding paragraph (f) to pilot is rated or has privileges; balloon; or read as follows: * * * * * (iii) A flight instructor certificate with (i) * * * a sport pilot rating while acting as pilot § 61.45 Practical tests: Required aircraft and equipment. (3) A sport pilot must carry his or her in command or serving as a required logbook or other evidence of required flight crewmember of a light-sport (a) * * * (1) * * * authorized instructor endorsements on aircraft other than a glider or balloon. all flights. (2) A person using a current and valid (ii) Has a current standard * * * * * U.S. driver’s license to meet the airworthiness certificate or special (5) A flight instructor with a sport requirements of this paragraph must— airworthiness certificate in the limited, pilot rating must carry his or her (i) Comply with each restriction and primary, or light-sport category. logbook or other evidence of required limitation imposed by that person’s U.S. (2) * * * authorized instructor endorsements on driver’s license and any judicial or (i) An aircraft that has a current all flights when providing flight administrative order applying to the airworthiness certificate other than a standard airworthiness certificate or training. operation of a motor vehicle; I 28. Add § 61.52 to read as follows: (ii) Have been found eligible for the special airworthiness certificate in the issuance of at least a third-class airman limited, primary, or light-sport category, § 61.52 Use of aeronautical experience medical certificate at the time of his or but that otherwise meets the obtained in ultralight vehicles. her most recent application (if the requirements of paragraph (a)(1) of this (a) A person may use aeronautical person has applied for a medical section; experience obtained in an ultralight certificate); * * * * * vehicle to meet the requirements for the (iii) Not have had his or her most (b) * * * following certificates and ratings issued recently issued medical certificate (if (1) * * * under this part: the person has held a medical (iii) Except as provided in paragraphs (1) A sport pilot certificate. certificate) suspended or revoked or (e) and (f) of this section, at least two (2) A flight instructor certificate with most recent Authorization for a Special pilot stations with adequate visibility a sport pilot rating;

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(3) A private pilot certificate with a (2) The person has received a logbook (b) Any person who, before May 17, weight-shift-control or powered endorsement from an authorized 1967, has made and logged 10 or more parachute category rating. instructor who has determined that he flights as pilot in command of an (b) A person may use aeronautical or she is proficient to act as pilot in aircraft towing a glider or unpowered experience obtained in an ultralight command of the same category, class, ultralight vehicle in accordance with a vehicle to meet the provisions of make, and model of aircraft for which certificate of waiver need not comply §§ 61.69 and 61.415(e). application is made; and with paragraphs (a)(4) and (a)(5) of this (c) A person using aeronautical (3) The flight time specified in section. experience obtained in an ultralight paragraph (k)(1) of this section must be (c) The pilot, described in paragraph vehicle to meet the requirements for a logged between September 1, 2004 and (a)(4) of this section, who endorses the certificate or rating specified in August 31, 2005. logbook of a person seeking towing paragraph (a) of this section or the * * * * * privileges must have— requirements of paragraph (b) of this I 31. Revise § 61.69 to read as follows: (1) Met the requirements of this section must— section prior to endorsing the logbook of (1) Have been a registered ultralight § 61.69 Glider and unpowered ultralight the person seeking towing privileges; pilot with an FAA-recognized ultralight vehicle towing: Experience and training requirements. and organization when that aeronautical (2) Logged at least 10 flights as pilot (a) No person may act as pilot in experience was obtained; in command of an aircraft while towing command for towing a glider or (2) Document and log that a glider or unpowered ultralight vehicle. aeronautical experience in accordance unpowered ultralight vehicle unless that (d) If the pilot described in paragraph person— with the provisions for logging (a)(4) of this section holds only a private (1) Holds at least a private pilot aeronautical experience specified by an pilot certificate, then that pilot must FAA-recognized ultralight organization certificate with a category rating for powered aircraft; have— and in accordance with provisions for (1) Logged at least 100 hours of pilot- logging pilot time in aircraft as specified (2) Has logged at least 100 hours of pilot-in-command time in the aircraft in-command time in airplanes, or 200 in § 61.51; and hours of pilot-in-command time in a (3) Obtain the experience in a category, class and type, if required, that the pilot is using to tow a glider or combination of powered and other-than- category and class of vehicle powered aircraft; and corresponding to the rating or privileges unpowered ultralight vehicle; (3) Has a logbook endorsement from (2) Performed and logged at least three sought. an authorized instructor who certifies flights within the 12 calendar months I 29. Amend § 61.53 by adding preceding the month that pilot paragraph (c) to read as follows: that the person has received ground and flight training in gliders or unpowered accompanies or endorses the logbook of § 61.53 Prohibition on operations during ultralight vehicles and is proficient in— a person seeking towing privileges— medical deficiency. (i) The techniques and procedures (i) In an aircraft while towing a glider * * * * * essential to the safe towing of gliders or or unpowered ultralight vehicle (c) Operations requiring a medical unpowered ultralight vehicles, accompanied by another pilot who certificate or a U.S. driver’s license. For including airspeed limitations; meets the requirements of this section; operations provided for in § 61.23(c), a (ii) Emergency procedures; or person must meet the provisions of— (iii) Signals used; and (ii) As pilot in command of a glider (1) Paragraph (a) of this section if that (iv) Maximum angles of bank. or unpowered ultralight vehicle being person holds a valid medical certificate (4) Except as provided in paragraph towed by another aircraft. issued under part 67 of this chapter and (b) of this section, has logged at least I 32. Amend § 61.87 by: does not hold a current and valid U.S. three flights as the sole manipulator of I a. Adding the words ‘‘or privileges’’ driver’s license. the controls of an aircraft towing a after the word ‘‘rating’’ in the (2) Paragraph (b) of this section if that glider or unpowered ultralight vehicle introductory text of paragraphs (d), (g), person holds a current and valid U.S. simulating towing flight procedures (i), (j), and (k); driver’s license. while accompanied by a pilot who I b. Redesignating paragraphs (l), (m), I 30. Amend 61.63 by redesignating meets the requirements of paragraphs (c) and (n) as paragraphs (n), (o) and (p), paragraph (k) as (l), and add new and (d) of this section; respectively; and paragraph (k) to read as follows: (5) Except as provided in paragraph I c. Adding paragraphs (l) and (m) to (b) of this section, has received a read as follows: § 61.63 Additional aircraft ratings (other logbook endorsement from the pilot, than on an airplane transport pilot described in paragraph (a)(4) of this § 61.87 Solo requirements for student certificate). section, certifying that the person has pilots. * * * * * accomplished at least 3 flights in an * * * * * (k) Category class ratings for the aircraft while towing a glider or (l) Maneuvers and procedures for pre- operation of aircraft with experimental unpowered ultralight vehicle, or while solo flight training in a powered certificates: Notwithstanding the simulating towing flight procedures; parachute. A student pilot who is provisions of paragraphs (b) and (c) of and receiving training for a powered this section, a person holding at least a (6) Within the preceding 12 months parachute rating or privileges must recreational pilot certificate may apply has— receive and log flight training for the for a category and class rating limited to (i) Made at least three actual or following maneuvers and procedures: a specific make and model of simulated tows of a glider or unpowered (1) Proper flight preparation experimental aircraft, provided— ultralight vehicle while accompanied by procedures, including preflight (1) The person has logged at least 5 a qualified pilot who meets the planning and preparation, preflight hours flight time while acting as pilot in requirements of this section; or assembly and rigging, aircraft systems, command in the same category, class, (ii) Made at least three flights as pilot and powerplant operations. make, and model of aircraft that has in command of a glider or unpowered (2) Taxiing or surface operations, been issued an experimental certificate; ultralight vehicle towed by an aircraft. including run-ups.

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(3) Takeoffs and landings, including (c) A student pilot seeking a sport shift-control aircraft. A student pilot normal and crosswind. pilot certificate must comply with the who is receiving training for cross- (4) Straight and level flight, and turns provisions of paragraphs (a) and (b) of country flight in a weight-shift-control in both directions. this section and may not act as pilot in aircraft must receive and log flight (5) Climbs, and climbing turns in both command— training for the following maneuvers directions. (1) Of an aircraft other than a light- and procedures: (6) Airport traffic patterns, including sport aircraft; (1) Use of aeronautical charts for VFR entry and departure procedures. (2) At night; navigation using pilotage and dead (7) Collision avoidance, windshear (3) At an altitude of more than 10,000 reckoning with the aid of a magnetic avoidance, and wake turbulence feet MSL; and compass, as appropriate. avoidance. (4) In Class B, C, and D airspace, at (2) Use of aircraft performance charts (8) Descents, and descending turns in an airport located in Class B, C, or D pertaining to cross-country flight. both directions. airspace, and to, from, through, or on an (3) Procurement and analysis of (9) Emergency procedures and airport having an operational control aeronautical weather reports and equipment malfunctions. tower without having received the forecasts, including recognizing critical (10) Ground reference maneuvers. ground and flight training specified in weather situations and estimating (11) Straight glides, and gliding turns § 61.94 and an endorsement from an visibility while in flight. in both directions. authorized instructor. (4) Emergency procedures. I (12) Go-arounds. 34. Amend § 61.93 by adding (5) Traffic pattern procedures that (13) Approaches to landing areas with paragraphs (l) and (m) to read as follows: include area departure, area arrival, a simulated engine malfunction. § 61.93 Solo cross-country flight entry into the traffic pattern, and (14) Procedures for canopy packing requirements. approach. and aircraft disassembly. (6) Procedures and operating practices (m) Maneuvers and procedures for * * * * * (l) Maneuvers and procedures for for collision avoidance, wake turbulence pre-solo flight training in a weight-shift- cross-country flight training in a precautions, and windshear avoidance. control aircraft. A student pilot who is powered parachute. A student pilot who (7) Recognition, avoidance, and receiving training for a weight-shift- is receiving training for cross-country operational restrictions of hazardous control aircraft rating or privileges must flight in a powered parachute must terrain features in the geographical area receive and log flight training for the receive and log flight training in the where the cross-country flight will be following maneuvers and procedures: following maneuvers and procedures: flown. (1) Proper flight preparation (1) Use of aeronautical charts for VFR (8) Procedures for operating the procedures, including preflight navigation using pilotage and dead instruments and equipment installed in planning and preparation, preflight reckoning with the aid of a magnetic the aircraft to be flown, including assembly and rigging, aircraft systems, compass, as appropriate. recognition and use of the proper and powerplant operations. (2) Use of aircraft performance charts operational procedures and indications. (2) Taxiing or surface operations, pertaining to cross-country flight. (9) If equipped for flight using including run-ups. (3) Procurement and analysis of navigation radios, the use of radios for (3) Takeoffs and landings, including aeronautical weather reports and VFR navigation. normal and crosswind. forecasts, including recognizing critical (10) Recognition of weather and upper (4) Straight and level flight, and turns weather situations and estimating air conditions favorable for the cross- in both directions. visibility while in flight. country flight. (5) Climbs, and climbing turns in both (4) Emergency procedures. (11) Takeoff, approach and landing directions. (5) Traffic pattern procedures that procedures, including crosswind (6) Airport traffic patterns, including include area departure, area arrival, approaches and landings. entry and departure procedures. entry into the traffic pattern, and I 35. Add § 61.94 to read as follows: (7) Collision avoidance, windshear approach. avoidance, and wake turbulence (6) Procedures and operating practices § 61.94 Student pilot seeking a sport pilot avoidance. for collision avoidance, wake turbulence certificate or a recreational pilot certificate: (8) Descents, and descending turns in precautions, and windshear avoidance. Operations at airports within, and in both directions. (7) Recognition, avoidance, and airspace located within, Class B, C, and D (9) Flight at various airspeeds from airspace, or at airports with an operational operational restrictions of hazardous control tower in other airspace. maximum cruise to slow flight. terrain features in the geographical area (10) Emergency procedures and where the cross-country flight will be (a) A student pilot seeking a sport equipment malfunctions. flown. pilot certificate or a recreational pilot (11) Ground reference maneuvers. (8) Procedures for operating the certificate who wants to obtain (12) Stall entry, stall, and stall instruments and equipment installed in privileges to operate in Class B, C, and recovery. the aircraft to be flown, including D airspace, at an airport located in Class (13) Straight glides, and gliding turns recognition and use of the proper B, C, or D airspace, and to, from, in both directions. operational procedures and indications. through, or at an airport having an (14) Go-arounds. (9) If equipped for flight with operational control tower, must receive (15) Approaches to landing areas with navigation radios, the use of radios for and log ground and flight training from a simulated engine malfunction. VFR navigation. an authorized instructor in the (16) Procedures for disassembly. (10) Recognition of weather and upper following aeronautical knowledge areas * * * * * air conditions favorable for the cross- and areas of operation: I 33. Amend § 61.89 by adding country flight. (1) The use of radios, paragraph (c) to read as follows: (11) Takeoff, approach and landing communications, navigation systems procedures. and facilities, and radar services. § 61.89 General limitations. (m) Maneuvers and procedures for (2) Operations at airports with an * * * * * cross-country flight training in a weight- operating control tower, to include three

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takeoffs and landings to a full stop, with (b) A person who holds a current and (7) In Class A, B, C, and D airspace, each landing involving a flight in the valid recreational pilot certificate may at an airport located in Class B, C, or D traffic pattern, at an airport with an act as pilot in command of an aircraft on airspace, or to, from, through, or at an operating control tower. a flight within 50 nautical miles from airport having an operational control (3) Applicable flight rules of part 91 the departure airport, provided that tower; of this chapter for operations in Class B, person has— * * * * * C, and D airspace and air traffic control * * * * * (11) On a flight outside the United clearances. (c) A person who holds a current and States, unless authorized by the country (4) Ground and flight training for the valid recreational pilot certificate may in which the flight is conducted; specific Class B, C, or D airspace for act as pilot in command of an aircraft on (12) To demonstrate that aircraft in which the solo flight is authorized, if a flight that exceeds 50 nautical miles flight as an aircraft salesperson to a applicable, within the 90-day period from the departure airport, provided prospective buyer; preceding the date of the flight in that that person has— * * * * * airspace. The flight training must be * * * * * I 39. Amend § 61.107 by adding received in the specific airspace area for (d) A person who holds a current and paragraphs (b)(9) and (b)(10) to read as which solo flight is authorized. (5) Ground and flight training for the valid recreational pilot certificate may follows: act as pilot in command of an aircraft in specific airport located in Class B, C, or § 61.107 Flight proficiency. D airspace for which the solo flight is Class B, C, and D airspace, at an airport located in Class B, C, or D airspace, and * * * * * authorized, if applicable, within the 90- (b) * * * day period preceding the date of the to, from, through, or at an airport having an operational control tower, provided (9) For a powered parachute category flight at that airport. The flight and rating— ground training must be received at the that person has— (1) Received and logged ground and (i) Preflight preparation; specific airport for which solo flight is (ii) Preflight procedures; authorized. flight training from an authorized instructor on the following aeronautical (iii) Airport and seaplane base (b) The authorized instructor who operations, as applicable; provides the training specified in knowledge areas and areas of operation, as appropriate to the aircraft rating held: (iv) Takeoffs, landings, and go- paragraph (a) of this section must arounds; provide a logbook endorsement that (i) The use of radios, communications, navigation system and facilities, and (v) Performance maneuvers; certifies the student has received that (vi) Ground reference maneuvers; training and is proficient to conduct radar services. (ii) Operations at airports with an (vii) Navigation; solo flight in that specific airspace or at (viii) Night operations, except as that specific airport and in those operating control tower to include three takeoffs and landings to a full stop, with provided in § 61.110; aeronautical knowledge areas and areas (ix) Emergency operations; and each landing involving a flight in the of operation specified in this section. (x) Post-flight procedures. traffic pattern at an airport with an I 36. Amend § 61.95 by adding (10) For a weight-shift-control aircraft operating control tower. paragraph (c) to read as follows: category rating— (iii) Applicable flight rules of part 91 (i) Preflight preparation; § 61.95 Operations in Class B airspace and of this chapter for operations in Class B, (ii) Preflight procedures; at airports located within Class B airspace. C, and D airspace and air traffic control (iii) Airport and seaplane base clearances; * * * * * operations, as applicable; (c) This section does not apply to a (2) Been found proficient in those (iv) Takeoffs, landings, and go- student pilot seeking a sport pilot aeronautical knowledge areas and areas arounds; certificate or a recreational pilot of operation specified in paragraph (v) Performance maneuvers; certificate. (d)(1) of this section; and (vi) Ground reference maneuvers; I 37. Amend § 61.99 by revising the (3) Received from an authorized (vii) Navigation; introductory text to read as follows: instructor a logbook endorsement, (viii) Slow flight and stalls; which is carried on the person’s § 61.99 Aeronautical experience. (ix) Night operations, except as possession or readily accessible in the provided in § 61.110; A person who applies for a aircraft, that certifies the person has recreational pilot certificate must (x) Emergency operations; and received and been found proficient in (xi) Post-flight procedures. receive and log at least 30 hours of flight those aeronautical knowledge areas and time that includes at least— I 40. Amend § 61.109 by: areas of operation specified in I a. Revising the reference to ‘‘paragraph * * * * * paragraph (d)(1) of this section. (i)’’ to read ‘‘paragraph (k)’’ in the I 38. Amend § 61.101 by: (e) Except as provided in paragraphs I a. Revising paragraph (b) introductory introductory text of paragraphs (a), (b), (d) and (i) of this section, a recreational (c), (d), and (e); text and paragraph (c) introductory text; pilot may not act as pilot in command I I b. Redesignating paragraph (i) as b. Redesignating paragraphs (d) of an aircraft— through (i) as paragraphs (e) through (j), paragraph (k) and revising the reference (1) That is certificated— to ‘‘paragraph (i)(2)’’ to read ‘‘paragraph respectively; (i) For more than four occupants; I (k)(2)’’ in redesignated paragraph (k)(1); c. Revising redesignated paragraphs (e) (ii) With more than one powerplant; introductory text, (e)(1), (e)(2), (e)(7), and (iii) With a powerplant of more than I c. Adding new paragraphs (i) and (j). (e)(11), and (e)(12); and 180 horsepower; or I The additions and revisions read as d. Adding new paragraph (d). (iv) With retractable landing gear; I The addition and revisions read as follows: (2) That is classified as a multiengine follows: airplane, powered-lift, glider, airship, § 61.109 Aeronautical experience. § 61.101 Recreational pilot privileges and balloon, powered parachute, or weight- * * * * * limits. shift-control aircraft; (i) For a powered parachute rating. A * * * * * * * * * * person who applies for a private pilot

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certificate with a powered parachute (4) Ten hours of solo flight time in a logged between September 1, 2004 and category rating must log at least 25 weight-shift-control aircraft, consisting August 31, 2005. hours of flight time in a powered of at least— parachute that includes at least 10 hours (i) Five hours of solo cross-country Subpart H—Flight Instructors Other of flight training with an authorized time; Than Flight Instructors With a Sport instructor, including 30 takeoffs and (ii) One solo cross-country flight over Pilot Rating 100 nautical miles total distance, with landings, and 10 hours of solo flight I 44. Revise the heading of subpart H to landings at a minimum of three points, training in the areas of operation listed read as set forth above. in § 61.107 (b)(9) and the training must and one segment of the flight being a I 45. Revise § 61.181 to read as follows: include at least— straight line distance of at least 50 (1) One hour of cross-country flight nautical miles between takeoff and § 61.181 Applicability. training in a powered parachute that landing locations; and This subpart prescribes the includes a 1-hour cross-country flight (iii) Three takeoffs and landings (with requirements for the issuance of flight with a landing at an airport at least 25 each landing involving a flight in the instructor certificates and ratings nautical miles from the airport of traffic pattern) at an airport with an (except for flight instructor certificates departure; operating control tower. with a sport pilot rating), the conditions (2) Except as provided in § 61.110, 3 * * * * * under which those certificates and hours of night flight training in a I 41. Amend § 61.110 by adding ratings are necessary, and the powered parachute that includes 10 paragraph (c) to read as follows: limitations on those certificates and takeoffs and landings (with each landing § 61.110 Night flying exceptions. ratings. involving a flight in the traffic pattern) I 46. Amend § 61.213 by revising at an airport; * * * * * paragraphs (a)(4)(i) and (a)(4)(ii) to read (3) Three hours of flight training in (c) A person who does not meet the as follows: preparation for the practical test in a night flying requirements in powered parachute, which must have § 61.109(d)(2), (i)(2), or (j)(2) may be § 61.213 Eligibility requirements. been performed within the 60-day issued a private pilot certificate with the (a) * * * period preceding the date of the test; limitation ‘‘Night flying prohibited.’’ (4) * * * and This limitation may be removed by an (i) For a basic ground instructor rating (4) Three hours of solo flight time in examiner if the holder complies with §§ 61.97, 61.105, and 61.309; a powered parachute, consisting of at the requirements of § 61.109(d)(2), (i)(2), (ii) For an advanced ground instructor least— or (j)(2), as appropriate. rating §§ 61.97, 61.105, 61.125, 61.155, (i) One solo cross-country flight with I 42. Amend § 61.113 by revising and 61.309; and a landing at an airport at least 25 paragraph (g) to read as follows: * * * * * I 47. Amend § 61.215 by revising nautical miles from the departure § 61.113 Private pilot privileges and airport; and limitations: Pilot in command. paragraph (a) to read as follows: (ii) Twenty solo takeoffs and landings * * * * * § 61.215 Ground instructor privileges. to a full stop (with each landing (g) A private pilot who meets the (a) A person who holds a basic ground involving a flight in a traffic pattern) at requirements of § 61.69 may act as a instructor rating is authorized to an airport, with at least 3 takeoffs and pilot in command of an aircraft towing provide— landings at an airport with an operating a glider or unpowered ultralight vehicle. (1) Ground training in the control tower. I 43. Amend 61.165 by adding aeronautical knowledge areas required (j) For a weight-shift-control aircraft paragraph (f) to read as follows: for the issuance of a sport pilot rating. A person who applies for a certificate, recreational pilot certificate, private pilot certificate with a weight- § 61.165 Additional aircraft category and private pilot certificate, or associated shift-control rating must log at least 40 class ratings. ratings under this part; hours of flight time that includes at least * * * * * (2) Ground training required for a (f) Category class ratings for the 20 hours of flight training with an sport pilot, recreational pilot, and operation of aircraft with experimental authorized instructor and 10 hours of private pilot flight review; and solo flight training in the areas listed in certificates. Notwithstanding the (3) A recommendation for a § 61.107(b)(10) and the training must provisions of paragraphs (a) through (e) knowledge test required for the issuance include at least— of this section, a person holding an of a sport pilot certificate, recreational (1) Three hours of cross-country flight airline transport certificate may apply pilot certificate, or private pilot training in a weight-shift-control for a category and class rating limited to certificate under this part. aircraft; a specific make and model of (2) Except as provided in § 61.110, 3 * * * * * experimental aircraft, provided— I hours of night flight training in a (1) The person has logged at least 5 48. Amend part 61 by adding subpart weight-shift-control aircraft that hours flight time while acting as pilot in J to read as follows: includes— command in the same category, class, Subpart J—Sport Pilots (i) One cross-country flight over 75 make, and model of aircraft that has nautical miles total distance; and been issued an experimental certificate; Sec. (ii) Ten takeoffs and landings (with (2) The person has received a logbook 61.301 What is the purpose of this subpart each landing involving a flight in the endorsement from an authorized and to whom does it apply? traffic pattern) at an airport; instructor who has determined that he 61.303 If I want to operate a light-sport (3) Three hours of flight training in or she is proficient to act as pilot in aircraft, what operating limits and preparation for the practical test in a endorsement requirements in this command of the same category, class, subpart must I comply with? weight-shift-control aircraft, which must make, and model of aircraft for which 61.305 What are the age and language have been performed within the 60-day application is made; and requirements for a sport pilot certificate? period preceding the date of the test; (3) The flight time specified in 61.307 What tests do I have to take to obtain and paragraph (f)(1) of this section must be a sport pilot certificate?

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61.309 What aeronautical knowledge must I 61.327 How do I obtain privileges to certificates. It also applies to holders of have to apply for a sport pilot certificate? operate a light-sport aircraft that has a recreational pilot certificates and higher, 61.311 What flight proficiency VH greater than 87 knots CAS? as provided in § 61.303. requirements must I meet to apply for a 61.329 Are there special provisions for sport pilot certificate? obtaining a sport pilot certificate for § 61.303 If I want to operate a light-sport 61.313 What aeronautical experience must I persons who are registered ultralight aircraft, what operating limits and have to apply for a sport pilot certificate? pilots with an FAA-recognized ultralight endorsement requirements in this subpart 61.315 What are the privileges and limits of organization? my sport pilot certificate? must I comply with? 61.317 Is my sport pilot certificate issued § 61.301 What is the purpose of this (a) Use the following table to subpart and to whom does it apply? with aircraft category and class ratings? determine what operating limits and 61.319 Can I operate a make and model of (a) This subpart prescribes the endorsement requirements in this aircraft other than the make and model following requirements that apply to a for which I have received an subpart, if any, apply to you when you endorsement? sport pilot certificate: operate a light-sport aircraft. The (1) Eligibility. 61.321 How do I obtain privileges to medical certificate specified in this table (2) Aeronautical knowledge. operate an additional category or class of must be valid. If you hold a recreational light-sport aircraft? (3) Flight proficiency. 61.323 How do I obtain privileges to (4) Aeronautical experience. pilot certificate, but not a medical operate a make and model of lights-port (5) Endorsements. certificate, you must comply with cross- aircraft in the same category and class (6) Privileges and limits. country requirements in § 61.101 (c), within a different set of aircraft? (7) Transition provisions for even if your flight does not exceed 50 61.325 How do I obtain privileges to registered ultralight pilots. nautical miles from your departure operate a light-sport aircraft at an airport airport. You must also comply with within, or in airspace within, Class B, C, (b) Other provisions of this part apply and D airspace, or in other airspace with to the logging of flight time and testing. requirements in other subparts of this an airport having an operational control (c) This subpart applies to applicants part that apply to your certificate and tower? for, and holders of, sport pilot the operation you conduct.

If you hold And you hold Then you may operate And

(1) A medical certificate ...... (i) A sport pilot certificate, ...... (A) Any light sport aircraft for (1) You must hold any other en- which you hold the endorse- dorsements required by this ments required for its category, subpart, and comply with the class, make and model, limitations in § 61.315. (ii) At least a recreational pilot (A) Any light sport aircraft in that (1) You do not have to hold any certificate with a category and category and class, of the endorsements required class rating, by this subpart, nor do you have to comply with the limita- tions in § 61.315. (iii) At least a recreational pilot (A) That light sport aircraft, only if (1) You must comply with the limi- certificate but not a rating for you hold the endorsements re- tations in § 61.315, except the category and class of light quired in § 61.321 for its cat- § 61.315(c)(14) and, if a private sport aircraft you operate, egory and class, pilot or higher, § 61.315(c)(7). (2) Only a U.S. driver’s license ...... (i) A sport pilot certificate, (A) Any light sport aircraft for (1) You must hold any other en- which you hold the endorse- dorsements required by this ments required for its category, subpart, and comply with the class, make and model, limitations in § 61.315. (ii) At least a recreational pilot (A) Any light sport aircraft in that (1) You do not have to hold any certificate with a category and category and class, of the endorsements required class rating, by this subpart, but you must comply with the limitations in § 61.315. (iii) At least a recreational pilot (A) That light sport aircraft, only if (1) You must comply with the limi- certificate but not a rating for you hold the endorsements re- tations in § 61.315, except the category and class of light- quired in § 61.321 for its cat- § 61.315(c)(14) and, if a private sport aircraft you operate, egory and class, pilot or higher, § 61.315(c)(7). (3) Neither a medical certificate (i) A sport pilot certificate, (A) Only a light sport glider or bal- (1) You must hold any other en- nor a U.S. driver’s license loon for which you hold the en- dorsements required by this dorsements required for its cat- subpart, and comply with the egory, class, make and model, limitations in § 61.315. (ii) At least a private pilot certifi- (A) Only a light sport glider or bal- (1) You do not have to hold any cate with a category and class loon in that category and class, of the endorsements required rating for glider or balloon, by this subpart, but you must comply with the limitations in § 61.315. (iii) At least a private pilot certifi- (A) Only a light sport glider or bal- (1) You must comply with the limi- cate but not a rating for glider loon, if you hold the endorse- tations in § 61.315, except or balloon, ments required in § 61.321 for § 61.315(c)(14) and, if a private its category and class, pilot or higher, § 61.315(c)(7).

(b) A person using a current and valid (1) Comply with each restriction and administrative order applying to the U.S. driver’s license to meet the limitation imposed by that person’s U.S. operation of a motor vehicle; requirements of this paragraph must— driver’s license and any judicial or

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(2) Have been found eligible for the for a sport pilot certificate, you must (l) Preflight actions that include— issuance of at least a third-class airman receive a logbook endorsement from the (1) How to get information on runway medical certificate at the time of his or authorized instructor who provided you lengths at airports of intended use, data her most recent application (if the with flight training on the areas of on takeoff and landing distances, person has applied for a medical operation specified in §§ 61.309 and weather reports and forecasts, and fuel certificate); 61.311 in preparation for the practical requirements; and (3) Not have had his or her most test. This endorsement certifies that you (2) How to plan for alternatives if the recently issued medical certificate (if meet the applicable aeronautical planned flight cannot be completed or if the person has held a medical knowledge and experience requirements you encounter delays. certificate) suspended or revoked or and are prepared for the practical test. most recent Authorization for a Special § 61.311 What flight proficiency Issuance of a Medical Certificate § 61.309 What aeronautical knowledge requirements must I meet to apply for a must I have to apply for a sport pilot sport pilot certificate? withdrawn; and certificate? (4) Not know or have reason to know Except as specified in § 61.329, to of any medical condition that would Except as specified in § 61.329, to apply for a sport pilot certificate you make that person unable to operate a apply for a sport pilot certificate you must receive and log ground and flight light-sport aircraft in a safe manner. must receive and log ground training training from an authorized instructor from an authorized instructor or on the following areas of operation, as § 61.305 What are the age and language complete a home-study course on the appropriate, for airplane single-engine requirements for a sport pilot certificate? following aeronautical knowledge areas: land or sea, glider, gyroplane, airship, (a) To be eligible for a sport pilot (a) Applicable regulations of this balloon, powered parachute land or sea, certificate you must: chapter that relate to sport pilot and weight-shift-control aircraft land or (1) Be at least 17 years old (or 16 years privileges, limits, and flight operations. sea privileges: old if you are applying to operate a (b) Accident reporting requirements of (a) Preflight preparation. glider or balloon). the National Transportation Safety (b) Preflight procedures. (2) Be able to read, speak, write, and Board. (c) Airport, seaplane base, and understand English. If you cannot read, (c) Use of the applicable portions of gliderport operations, as applicable. speak, write, and understand English the aeronautical information manual (d) Takeoffs (or launches), landings, because of medical reasons, the FAA and FAA advisory circulars. and go-arounds. may place limits on your certificate as (d) Use of aeronautical charts for VFR (e) Performance maneuvers, and for are necessary for the safe operation of navigation using pilotage, dead gliders, performance speeds. light-sport aircraft. reckoning, and navigation systems, as (f) Ground reference maneuvers (not § 61.307 What tests do I have to take to appropriate. applicable to gliders and balloons). obtain a sport pilot certificate? (e) Recognition of critical weather (g) Soaring techniques (applicable To obtain a sport pilot certificate, you situations from the ground and in flight, only to gliders). must pass the following tests: windshear avoidance, and the (h) Navigation. procurement and use of aeronautical (a) Knowledge test. You must pass a (i) Slow flight (not applicable to weather reports and forecasts. knowledge test on the applicable lighter-than-air aircraft and powered aeronautical knowledge areas listed in (f) Safe and efficient operation of parachutes). aircraft, including collision avoidance, § 61.309. Before you may take the (j) Stalls (not applicable to lighter- and recognition and avoidance of wake knowledge test for a sport pilot than-air aircraft, gyroplanes, and turbulence. certificate, you must receive a logbook powered parachutes). (g) Effects of density altitude on endorsement from the authorized (k) Emergency operations. takeoff and climb performance. instructor who trained you or reviewed (l) Post-flight procedures. and evaluated your home-study course (h) Weight and balance computations. on the aeronautical knowledge areas (i) Principles of aerodynamics, § 61.313 What aeronautical experience listed in § 61.309 certifying you are powerplants, and aircraft systems. must I have to apply for a sport pilot prepared for the test. (j) Stall awareness, spin entry, spins, certificate? (b) Practical test. You must pass a and spin recovery techniques, as Except as specified in § 61.329, use practical test on the applicable areas of applicable. the following table to determine the operation listed in §§ 61.309 and 61.311. (k) Aeronautical decision making and aeronautical experience you must have Before you may take the practical test risk management. to apply for a sport pilot certificate:

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If you are applying for a sport pilot certifi- cate with . . . Then you must log at least . . . Which must include at least . . .

(a) Airplane category and single-engine (1) 20 hours of flight time, including at least 15 hours of (i) 2 hours of cross-country flight train- land or sea class privileges, flight training from an authorized instructor in a single-en- ing, (ii) 10 takeoffs and landings to a gine airplane and at least 5 hours of solo flight training in full stop (with each landing involving the areas of operation listed in § 61.311, a flight in the traffic pattern) at an air- port, (iii) One solo cross-country flight of at least 75 nautical miles total distance, with a full-stop landing at a minimum of two points and one segment of the flight consisting of a straight-line distance of at least 25 nautical miles between the takeoff and landing locations, and (iv) 3 hours of flight training on those areas of operation specified in § 61.311 preparing for the practical test within 60 days before the date of the test. (b) Glider category privileges, and you (1) 10 hours of flight time in a glider, including 10 flights in (i) Five solo launches and landings, have not logged at least 20 hours of a glider receiving flight training from an authorized in- and (ii) 3 hours of flight training on flight time in a heavier-than-air aircraft, structor and at least 2 hours of solo flight training in the those areas of operation specified in areas of operation listed in § 61.311, § 61.311 preparing for the practical test within 60 days before the date of the test. (c) Glider category privileges, and you (1) 3 hours of flight time in a glider, including five flights in (i) Three solo launches and landings, have logged 20 hours flight time in a a glider while receiving flight training from an authorized and (ii) 3 hours of flight training on heavier-than-air aircraft, instructor and at least 1 hour of solo flight training in the those areas of operation specified in areas of operation listed in § 61.311, § 61.311, preparing for the practical test within 60 days before the date of the test. (d) Rotorcraft category and gyroplane (1) 20 hours of flight time, including 15 hours of flight train- (i) 2 hours of cross-country flight train- class privileges, ing from an authorized instructor in a gyroplane and at ing, (ii) 10 takeoffs and landings to a least 5 hours of solo flight training in the areas of oper- full stop (with each landing involving ation listed in § 61.311, a flight in the traffic pattern) at an air- port, (iii) One solo cross-country flight of at least 50 nautical miles total distance, with a full-stop landing at a minimum of two points, and one segment of the flight consisting of a straight-line distance of at least 25 nautical miles between the takeoff and landing locations, and (iv) 3 hours of flight training on those areas of operation specified in § 61.311 preparing for the practical test within 60 days before the date of the test. (e) Lighter-than-air category and airship (1) 20 hours of flight time, including 15 hours of flight train- (i) 2 hours of cross-country flight train- class privileges, ing from an authorized instructor in an airship and at ing, (ii) Three takeoffs and landings least 3 hours performing the duties of pilot in command to a full stop (with each landing in- in an airship with an authorized instructor in the areas of volving a flight in the traffic pattern) operation listed in § 61.311, at an airport, (iii) One cross-country flight of at least 25 nautical miles be- tween the takeoff and landing loca- tions, and (iv) 3 hours of flight train- ing on those areas of operation specified in § 61.311 preparing for the practical test within 60 days be- fore the date of the test. (f) Lighter-than-air category and balloon (1) 7 hours of flight time in a balloon, including three flights (i) 2 hours of cross-country flight train- class privileges, with an authorized instructor and one flight performing ing, and (ii) 3 hours of flight training the duties of pilot in command in a balloon with an au- on those areas of operation specified thorized instructor in the areas of operation listed in in § 61.311 preparing for the practical § 61.311, test within 60 days before the date of the test.

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If you are applying for a sport pilot certifi- cate with . . . Then you must log at least . . . Which must include at least . . .

(g) Powered parachute category land or (1) 12 hours of flight time in a powered parachute, includ- (i) 1 hour of cross-country flight train- sea class privileges, ing 10 hours flight training and, and at least 2 hours solo ing, (ii) 20 takeoffs and landings to a flight training in the areas of operation listed in § 61.311. full stop in a powered parachute with each landing involving flight in the traffic pattern at an airport; (iii) 10 solo takeoffs and landings to a full stop (with each landing involving a flight in the traffic pattern) at an air- port, (iv) One solo flight with a land- ing at a different airport and one seg- ment of the flight consisting of a straight-line distance of at least 10 nautical miles between takeoff and landing locations, and (v) 3 hours of flight training on those areas of oper- ation specified in § 61.311 preparing for the practical test within 60 days before the date of the test. (h) Weight-shift-control aircraft category (1) 20 hours of light time, including 15 hours of flight train- (i) 2 hours of cross-country flight train- land or sea class privileges, ing from an authorized instructor in a weight-shift-control ing, (ii) 10 takeoffs and landings to a aircraft and at least 5 hours of solo flight training in the full stop (with each landing involving areas of operation listed in § 61.311, a flight in the traffic pattern) at an air- port, (iii) One solo cross-country flight of at least 50 nautical miles total distance, with a full-stop landing at a minimum of two points, and one segment of the flight consisting of a straight-line distance of at least 25 nautical miles between takeoff and landing locations, and (iv) 3 hours of flight training on those areas of oper- ation specified in § 61.311 preparing for the practical test within 60 days before the date of the test.

§ 61.315 What are the privileges and limits limit ‘‘Holder does not meet ICAO pilot is required by the type certificate of my sport pilot certificate? requirements.’’ of the aircraft or the regulations under (a) If you hold a sport pilot certificate (9) To demonstrate the aircraft in which the flight is conducted. you may act as pilot in command of a flight to a prospective buyer if you are light-sport aircraft, except as specified an aircraft salesperson. § 61.317 Is my sport pilot certificate issued in paragraph (c) of this section. (10) In a passenger-carrying airlift with aircraft category and class ratings? (b) You may share the operating sponsored by a charitable organization. Your sport pilot certificate does not expenses of a flight with a passenger, (11) At an altitude of more than list aircraft category and class ratings. 10,000 feet MSL. provided the expenses involve only When you successfully pass the (12) When the flight or surface fuel, oil, airport expenses, or aircraft practical test for a sport pilot certificate, visibility is less than 3 statute miles. rental fees. You must pay at least half regardless of the light-sport aircraft the operating expenses of the flight. (13) Without visual reference to the surface. privileges you seek, the FAA will issue (c) You may not act as pilot in you a sport pilot certificate without any command of a light-sport aircraft: (14) If the aircraft has a VH that exceeds 87 knots CAS, unless you have category and class ratings. The FAA will (1) That is carrying a passenger or met the requirements of § 61.327. provide you with a logbook property for compensation or hire. (15) Contrary to any operating endorsement for the category, class, and (2) For compensation or hire. limitation placed on the airworthiness make and model of aircraft in which (3) In furtherance of a business. certificate of the aircraft being flown. you are authorized to act as pilot in (4) While carrying more than one (16) Contrary to any limit or command. passenger. endorsement on your pilot certificate, (5) At night. airman medical certificate, or any other § 61.319 Can I operate a make and model (6) In Class A airspace. limit or endorsement from an of aircraft other than the make and model (7) In Class B, C, and D airspace, at authorized instructor. aircraft for which I have received an an airport located in Class B, C, or D (17) Contrary to any restriction or endorsement? airspace, and to, from, through, or at an limitation on your U.S. driver’s license If you hold a sport pilot certificate airport having an operational control or any restriction or limitation imposed you may operate any make and model tower unless you have met the by judicial or administrative order when of light-sport aircraft in the same requirements specified in § 61.325. using your driver’s license to satisfy a category and class and within the same (8) Outside the United States, unless requirement of this part. set of aircraft as the make and model of you have prior authorization from the (18) While towing any object. aircraft for which you have received an country in which you seek to operate. (19) As a pilot flight crewmember on endorsement. Your sport pilot certificate carries the any aircraft for which more than one

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§ 61.321 How do I obtain privileges to § 61.323 How do I obtain privileges to (a) The use of radios, operate an additional category or class of operate a make and model of light-sport communications, navigation system/ light-sport aircraft? aircraft in the same category and class facilities, and radar services. within a different set of aircraft? If you hold a sport pilot certificate (b) Operations at airports with an and seek to operate an additional If you hold a sport pilot certificate operating control tower to include three category or class of light-sport aircraft, and seek to operate a make and model takeoffs and landings to a full stop, with you must— of light-sport aircraft in the same each landing involving a flight in the category and class but within a different (a) Receive a logbook endorsement traffic pattern, at an airport with an set of aircraft as the make and model of operating control tower. from the authorized instructor who aircraft for which you have received an trained you on the applicable (c) Applicable flight rules of part 91 endorsement, you must— of this chapter for operations in Class B, aeronautical knowledge areas specified (a) Receive and log ground and flight in § 61.309 and areas of operation C, and D airspace and air traffic control training from an authorized instructor in clearances. specified in § 61.311. The endorsement a make and model of light-sport aircraft certifies you have met the aeronautical that is within the same set of aircraft as § 61.327 How do I obtain privileges to knowledge and flight proficiency the make and model of aircraft you operate a light-sport aircraft that has a VH requirements for the additional light- intend to operate; greater than 87 knots CAS? sport aircraft privilege you seek; (b) Receive a logbook endorsement If you hold a sport pilot certificate (b) Successfully complete a from the authorized instructor who and you seek to operate a light-sport proficiency check from an authorized provided you with the aircraft specific aircraft that has a VH greater than 87 instructor other than the instructor who training specified in paragraph (a) of knots CAS you must— trained you on the aeronautical this section certifying you are proficient (a) Receive and log ground and flight knowledge areas and areas of operation to operate the specific make and model training from an authorized instructor in specified in §§ 61.309 and 61.311 for the of light-sport aircraft. an aircraft that has a VH greater than 87 additional light-sport aircraft privilege knots CAS; and you seek; § 61.325 How do I obtain privileges to (b) Receive a logbook endorsement operate a light-sport aircraft at an airport (c) Complete an application for those within, or in airspace within, Class B, C, and from the authorized instructor who privileges on a form and in a manner D airspace, or in other airspace with an provided the training specified in acceptable to the FAA and present this airport having an operational control tower? paragraph (a) of this section certifying application to the authorized instructor If you hold a sport pilot certificate that you are proficient in the operation who conducted the proficiency check and seek privileges to operate a light- of light-sport aircraft with a VH greater specified in paragraph (b) of this sport aircraft in Class B, C, or D than 87 knots CAS. section; and airspace, at an airport located in Class § 61.329 Are there special provisions for (d) Receive a logbook endorsement B, C, or D airspace, or to, from, through, obtaining a sport pilot certificate for from the instructor who conducted the or at an airport having an operational persons who are registered ultralight pilots proficiency check specified in control tower, you must receive and log with an FAA-recognized ultralight paragraph (b) of this section certifying ground and flight training. The organization? you are proficient in the applicable authorized instructor who provides this (a) If you are a registered ultralight areas of operation and aeronautical training must provide a logbook pilot with an FAA-recognized ultralight knowledge areas, and that you are endorsement that certifies you are organization use the following table to authorized for the additional category proficient in the following aeronautical determine how to obtain a sport pilot and class light-sport aircraft privilege. knowledge areas and areas of operation: certificate.

If you are . . . Then you must . . .

(1) A registered ultralight pilot with an FAA-recognized ultralight organi- (i) Not later than January 31, 2007— zation on or before September 1, 2004, and you want to apply for a sport pilot certificate (A) Meet the eligibility requirements in §§ 61.305 and 61.23, but not the aeronautical knowledge requirements specified in § 61.309, the flight proficiency requirements specified in § 61.311, and the aeronautical experience requirements specified in § 61.313, (B) Pass the knowledge test for a sport pilot certificate specified in § 61.307 or the knowledge test for a flight instructor certificate with a sport pilot rating specified in § 61.405, (C) Pass the practical test for a sport pilot certificate specified in § 61.307, (D) Provide the FAA with a certified copy of your ultralight pilot records from an FAA-recognized ultralight organization, and those records must (1) Document that you are a registered ultralight pilot with that FAA- recognized ultralight organization, and (2) Indicate that you are recognized to operate each category and class of aircraft for which you seek sport pilot privileges. (2) A registered ultralight pilot with an FAA-recognized ultralight organi- (i) Meet the eligibility requirements in §§ 61.305 and 61.23, zation after September 1, 2004, and you want to apply for a sport (ii) Meet the aeronautical knowledge requirements specified in pilot certificate § 61.309, the flight proficiency requirements specified in § 61.311, and aeronautical experience requirements specified in § 61.313; however, you may credit your ultralight aeronautical experience in accordance with § 61.52 toward the requirements in §§ 61.309, 61.311, and 61.313,

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If you are . . . Then you must . . .

(iii) Pass the knowledge and practical tests for a sport pilot certificate specified in § 61.307, and (iv) Provide the FAA with a certified copy of your ultralight pilot records from an FAA-recognized ultralight organization, and those records must (A) Document that you are a registered ultralight pilot with that FAA- recognized ultralight organization, and (B) Indicate that you are recognized to operate the category and class of aircraft for which you seek sport pilot privileges.

(b) When you successfully pass the 61.427 What must I do if my flight logbook endorsement certifying you are practical test for a sport pilot certificate, instructor certificate with a sport pilot prepared for the test from an authorized the FAA will issue you a sport pilot rating expires? instructor who trained you or evaluated certificate without any category and 61.429 May I exercise the privileges of a your home-study course on the flight instructor certificate with a sport class ratings. The FAA will provide you pilot rating if I hold a flight instructor aeronautical knowledge areas listed in with a logbook endorsement for the certificate with another rating? § 61.407. You must pass knowledge tests category, class, and make and model of 61.431 Are there special provisions for on— aircraft in which you have successfully obtaining a flight instructor certificate (1) The fundamentals of instructing passed the practical test and for which with a sport pilot rating for persons who listed in § 61.407(a), unless you meet you are authorized to act as pilot in are registered ultralight instructors with the requirements of § 61.407(c); and command. If you meet the provisions of an FAA-recognized ultralight (2) The aeronautical knowledge areas paragraph (a)(1) of this section, the FAA organization? for a sport pilot certificate applicable to will provide you with a logbook § 61.401 What is the purpose of this the aircraft category and class for which endorsement for each category, class, subpart? flight instructor privileges are sought. and make and model of aircraft listed on (a) This part prescribes the following (b) Practical test. the ultralight pilot records you provide requirements that apply to a flight (1) Before you take the practical test, to the FAA. instructor certificate with a sport pilot you must— I (i) Receive a logbook endorsement 49. Amend part 61 by adding subpart rating: K to read as follows: (1) Eligibility. from the authorized instructor who (2) Aeronautical knowledge. provided you with flight training on the Subpart K—Flight Instructors With a (3) Flight proficiency. areas of operation specified in § 61.409 Sport Pilot Rating (4) Endorsements. that apply to the category and class of aircraft privileges you seek. This Sec. (5) Privileges and limits. 61.401 What is the purpose of this subpart? (6) Transition provisions for endorsement certifies you meet the 61.403 What are the age, language, and pilot registered ultralight flight instructors. applicable aeronautical knowledge and certificate requirements for a flight (b) Other provisions of this part apply experience requirements and are instructor certificate with a sport pilot to the logging of flight time and testing. prepared for the practical test; rating? (ii) If you are seeking privileges to 61.405 What tests do I have to take to obtain § 61.403 What are the age, language, and provide instruction in an airplane or a flight instructor certificate with a sport pilot certificate requirements for a flight glider, receive a logbook endorsement pilot rating? instructor certificate with a sport pilot rating? from an authorized instructor indicating 61.407 What aeronautical knowledge must I that you are competent and possess have to apply for a flight instructor To be eligible for a flight instructor instructional proficiency in stall certificate with a sport pilot rating? certificate with a sport pilot rating you 61.409 What flight proficiency awareness, spin entry, spins, and spin must: recovery procedures after you have requirements must I meet to apply for a (a) Be at least 18 years old. received flight training in those training flight instructor certificate with a sport (b) Be able to read, speak, write, and pilot rating? areas in an airplane or glider, as understand English. If you cannot read, 61.411 What aeronautical experience must I appropriate, that is certificated for speak, write, and understand English have to apply for a flight instructor spins; because of medical reasons, the FAA certificate with a sport pilot rating? (2) You must pass a practical test— may place limits on your certificate as 61.413 What are the privileges of my flight (i) On the areas of operation listed in are necessary for the safe operation of instructor certificate with a sport pilot § 61.409 that are appropriate to the rating? light-sport aircraft. category and class of aircraft privileges 61.415 What are the limits of a flight (c) Hold at least a current and valid you seek; instructor certificate with a sport pilot sport pilot certificate with category and (ii) In an aircraft representative of the rating? class ratings or privileges, as applicable, category and class of aircraft for the 61.417 Will my flight instructor certificate that are appropriate to the flight with a sport pilot rating list aircraft privileges you seek; instructor privileges sought. category and class ratings? (iii) In which you demonstrate that 61.419 How do I obtain privileges to § 61.405 What tests do I have to take to you are able to teach stall awareness, provide training in an additional obtain a flight instructor certificate with a spin entry, spins, and spin recovery category or class of light-sport aircraft? sport pilot rating? procedures if you are seeking privileges 61.421 May I give myself an endorsement? 61.423 What are the recordkeeping To obtain a flight instructor certificate to provide instruction in an airplane or requirements for a flight instructor with with a sport pilot rating you must pass glider. If you have not failed a practical a sport pilot rating? the following tests: test based on deficiencies in your ability 61.425 How do I renew my flight instructor (a) Knowledge test. Before you take a to demonstrate knowledge or skill in certificate? knowledge test, you must receive a these areas and you provide the

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endorsement required by paragraph on the aeronautical knowledge areas (e) Airport, seaplane base, and (b)(1)(ii) of this section, an examiner applicable to a sport pilot certificate for gliderport operations, as applicable. may accept the endorsement instead of the aircraft category and class in which (f) Takeoffs (or launches), landings, the demonstration required by this you seek flight instructor privileges. and go-arounds. paragraph. If you are taking a test (c) You do not have to meet the (g) Fundamentals of flight. because you previously failed a test requirements of paragraph (a) of this (h) Performance maneuvers and for based on not meeting the requirements section if you— gliders, performance speeds. of this paragraph, you must pass a (1) Hold a flight instructor certificate (i) Ground reference maneuvers practical test on stall awareness, spin or ground instructor certificate issued (except for gliders and lighter-than-air). entry, spins, and spin recovery under this part; (j) Soaring techniques. instructional competency and (2) Hold a current teacher’s certificate (k) Slow flight (not applicable to proficiency in the applicable category issued by a State, county, city, or lighter-than-air and powered and class of aircraft that is certificated municipality; or parachutes). (3) Are employed as a teacher at an for spins. (l) Stalls (not applicable to lighter- accredited college or university. § 61.407 What aeronautical knowledge than-air, powered parachutes, and must I have to apply for a flight instructor § 61.409 What flight proficiency gyroplanes). certificate with a sport pilot rating? requirements must I meet to apply for a (m) Spins (applicable to airplanes and (a) Except as specified in paragraph flight instructor certificate with a sport pilot gliders). (c) of this section you must receive and rating? (n) Emergency operations. log ground training from an authorized You must receive and log ground and (o) Tumble entry and avoidance instructor on the fundamentals of flight training from an authorized techniques (applicable to weight-shift- instruction that includes: instructor on the following areas of control aircraft). (1) The learning process. operation for the aircraft category and (p) Post-flight procedures. (2) Elements of effective teaching. class in which you seek flight instructor (3) Student evaluation and testing. privileges: § 61.411 What aeronautical experience (4) Course development. (a) Technical subject areas. must I have to apply for a flight instructor (5) Lesson planning. (b) Preflight preparation. certificate with a sport pilot rating? (6) Classroom training techniques. (c) Preflight lesson on a maneuver to Use the following table to determine (b) You must receive and log ground be performed in flight. the experience you must have for each training from an authorized instructor (d) Preflight procedures. aircraft category and class:

If you are applying for a flight instructor certificate with a sport pilot rating Then you must log at least . . . Which must include at least . . . for . . .

(a) Airplane category and (1) 150 hours of flight time as a pilot, ...... (i) 100 hours of flight time as pilot in command in pow- single-engine class privi- ered aircraft, leges, (ii) 50 hours of flight time in a single-engine airplane, (iii) 25 hours of cross-country flight time, (iv) 10 hours of cross-country flight time in a single-en- gine airplane, and (v) 15 hours of flight time as pilot in command in a sin- gle-engine airplane that is a light-sport aircraft. (b) Glider category privi- (1) 25 hours of flight time as pilot in command in a glid- leges, er, 100 flights in a glider, and 15 flights as pilot in command in a glider that is a light-sport aircraft, or. (2) 100 hours in heavier-than-air aircraft, 20 flights in a glider, and 15 flights as pilot in command in a glider that is a light-sport aircraft. (c) Rotorcraft category and (1) 125 hours of flight time as a pilot, ...... (i) 100 hours of flight time as pilot in command in pow- gyroplane class privileges, ered aircraft, (ii) 50 hours of flight time in a gyroplane, (iii) 10 hours of cross-country flight time, (iv) 3 hours of cross-country flight time in a gyroplane, and (v) 15 hours of flight time as pilot in command in a gy- roplane that is a light-sport aircraft. (d) Lighter-than-air category (1) 100 hours of flight time as a pilot, ...... (i) 40 hours of flight time in an airship, and airship class privi- (ii) 20 hours of pilot in command time in an airship, leges, (iii) 10 hours of cross-country flight time, (iv) 5 hours of cross-country flight time in an airship, and (v) 15 hours of flight time as pilot in command in an air- ship that is a light-sport aircraft. (e) Lighter-than-air category (1) 35 hours of flight time as pilot-in-command, ...... (i) 20 hours of flight time in a balloon, and balloon class privi- (ii) 10 flights in a balloon, and leges, (iii) 5 flights as pilot in command in a balloon that is a light-sport aircraft.

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If you are applying for a flight instructor certificate with a sport pilot rating Then you must log at least . . . Which must include at least . . . for . . .

(f) Weight-shift-control air- (1) 150 hours of flight time as a pilot, ...... (i) 100 hours of flight time as pilot in command in pow- craft category privileges, ered aircraft, (ii) 50 hours of flight time in a weight-shift-control air- craft, (iii) 25 hours of cross-country flight time, (iv) 10 hours of cross-country flight time in a weight- shift-control aircraft, and (v) 15 hours of flight time as pilot in command in a weight-shift-control aircraft that is a light-sport air- craft. (g) Powered-parachute cat- (1) 100 hours of flight time as a pilot, ...... (i) 75 hours of flight time as pilot in command in pow- egory privileges, ered aircraft, (ii) 50 hours of flight time in a powered parachute, (iii) 15 hours of cross-country flight time, (iv) 5 hours of cross-country flight time in a powered parachute, and (v) 15 hours of flight time as pilot in command in a powered parachute that is a light-sport aircraft.

§ 61.413 What are the privileges of my and make and model privileges or a Class B, C, or D airspace and to from, flight instructor certificate with a sport pilot pilot certificate with the applicable through or on an airport having an rating? category and class rating; and operational control tower, unless that If you hold a fight flight instructor (2) Applicable category and class you have— certificate with a sport pilot rating, you privileges for your flight instructor (i) Given that student ground and are authorized, within the limits of your certificate with a sport pilot rating. flight training in that airspace or at that certificate and rating, to provide training (b) You may not provide ground or airport; and and logbook endorsements for— flight training for a private pilot (ii) Determined that the student is (a) A student pilot seeking a sport certificate with a powered parachute or proficient to operate the aircraft safely. pilot certificate; weight-shift-control aircraft rating (4) Logbook of a pilot for a flight (b) A sport pilot certificate; unless you hold: review, unless you have conducted a (c) A flight instructor certificate with (1) At least a private pilot certificate review of that pilot in accordance with a sport pilot rating; with the applicable category and class the requirements of § 61.56. (d) A powered parachute or weight- rating; and (e) You may not provide flight shift-control aircraft rating; (2) Applicable category and class training in an aircraft unless you have (e) Sport pilot privileges; privileges for your flight instructor at least 5 hours of flight time in a make (f) A flight review or operating certificate with a sport pilot rating. and model of light-sport aircraft within privilege for a sport pilot; (c) You may not conduct more than 8 the same set of aircraft as the aircraft in (g) A practical test for a sport pilot hours of flight training in any 24- which you are providing training. certificate, a private pilot certificate consecutive-hour period. (f) You may not provide training to with a powered parachute or weight- (d) You may not endorse a: operate a light-sport aircraft in Class B, shift-control aircraft rating or a flight (1) Student pilot’s certificate or C, and D airspace, at an airport located instructor certificate with a sport pilot logbook for solo flight privileges, unless in Class B, C, or D airspace, and to, rating; you have— (h) A knowledge test for a sport pilot from, through, or at an airport having an (i) Given that student the flight operational control tower, unless you certificate, a private pilot certificate training required for solo flight with a powered parachute or weight- have the endorsement specified in privileges required by this part; and § 61.325, or are otherwise authorized to shift-control aircraft rating or a flight (ii) Determined that the student is instructor certificate with a sport pilot conduct operations in this airspace and prepared to conduct the flight safely at these airports. rating; and under known circumstances, subject to (i) A proficiency check for an (g) You may not provide training in a any limitations listed in the student’s additional category, class, or make and light-sport aircraft with a VH greater logbook that you consider necessary for model privilege for a sport pilot than 87 knots CAS unless you have the the safety of the flight. endorsement specified in § 61.327, or certificate or a flight instructor (2) Student pilot’s certificate and certificate with a sport pilot rating. are otherwise authorized to operate that logbook for a solo cross-country flight, light-sport aircraft. § 61.415 What are the limits of a flight unless you have determined the (h) You must perform all training in instructor certificate with a sport pilot student’s flight preparation, planning, an aircraft that complies with the rating? equipment, and proposed procedures requirements of § 91.109 of this chapter. If you hold a flight instructor are adequate for the proposed flight (i) If you provide flight training for a certificate with a sport pilot rating, you under the existing conditions and certificate, rating or privilege, you must are subject to the following limits: within any limitations listed in the provide that flight training in an aircraft (a) You may not provide ground or logbook that you consider necessary for that meets the following: flight training in any aircraft for which the safety of the flight. (1) The aircraft must have at least two you do not hold: (3) Student pilot’s certificate and pilot stations and be of the same (1) A sport pilot certificate with logbook for solo flight in Class B, C, and category and class appropriate to the applicable category and class privileges D airspace areas, at an airport within certificate, rating or privilege sought.

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(2) For single place aircraft, pre-solo flight review, authorization, practical rating for a new certificate with a sport flight training must be provided in an test, knowledge test, or proficiency pilot rating and any other rating on that aircraft that has two pilot stations and check required by this part. certificate by passing a practical test as is of the same category and class prescribed in § 61.405(b) or § 61.183(h) appropriate to the certificate, rating, or § 61.423 What are the recordkeeping for one of the ratings listed on the requirements for a flight instructor with a privilege sought. sport pilot rating? expired flight instructor certificate. The FAA will reinstate any privilege § 61.417 Will my flight instructor certificate (a) As a flight instructor with a sport authorized by the expired certificate. with a sport pilot rating list aircraft category pilot rating you must: and class ratings? (1) Sign the logbook of each person to § 61.429 May I exercise the privileges of a Your flight instructor certificate does whom you have given flight training or flight instructor certificate with a sport pilot not list aircraft category and class ground training. rating if I hold a flight instructor certificate ratings. When you successfully pass the (2) Keep a record of the name, date, with another rating? practical test for a flight instructor and type of endorsement for: If you hold a current and valid flight certificate with a sport pilot rating, (i) Each person whose logbook or instructor certificate, a commercial pilot regardless of the light-sport aircraft student pilot certificate you have certificate with an airship rating, or a privileges you seek, the FAA will issue endorsed for solo flight privileges. commercial pilot certificate with a you a flight instructor certificate with a (ii) Each person for whom you have balloon rating issued under this part, sport pilot rating without any category provided an endorsement for a and you seek to exercise the privileges and class ratings. The FAA will provide knowledge test, practical test, or of a flight instructor certificate with a you with a logbook endorsement for the proficiency check, and the record must sport pilot rating, you may do so category and class of light-sport aircraft indicate the kind of test or check, and without any further showing of you are authorized to provide training the results. proficiency, subject to the following in. (iii) Each person whose logbook you limits: have endorsed as proficient to operate— (a) You are limited to the aircraft § 61.419 How do I obtain privileges to (A) An additional category or class of category and class ratings listed on your provide training in an additional category or light-sport aircraft; flight instructor certificate, commercial class of light-sport aircraft? (B) An additional make and model of pilot certificate with an airship rating, If you hold a flight instructor light-sport aircraft; or commercial pilot certificate with a certificate with a sport pilot rating and (C) In Class B, C, and D airspace; at balloon rating, as appropriate, when seek to provide training in an additional an airport located in Class B, C, or D exercising your flight instructor category or class of light-sport aircraft airspace; and to, from, through, or at an privileges and the privileges specified in you must— airport having an operational control § 61.413. (a) Receive a logbook endorsement tower; and (b) You must comply with the limits from the authorized instructor who (D) A light-sport aircraft with a VH specified in § 61.415 and the trained you on the applicable areas of greater than 87 knots CAS. recordkeeping requirements of § 61.423. operation specified in § 61.409 (iv) Each person whose logbook you (c) If you want to exercise the certifying you have met the aeronautical have endorsed as proficient to provide privileges of your flight instructor knowledge and flight proficiency flight training in an additional— certificate, commercial pilot certificate requirements for the additional category (A) Category or class of light-sport with an airship rating, or commercial and class flight instructor privilege you aircraft; and pilot certificate with a balloon rating, as seek; (B) Make and model of light-sport appropriate, in a category, class, or (b) Successfully complete a aircraft. make and model of light-sport aircraft proficiency check from an authorized (b) Within 10 days after providing an for which you are not currently rated, instructor other than the instructor who endorsement for a person to operate or you must meet all applicable trained you on the areas specified in provide training in an additional requirements to provide training in an § 61.409 for the additional category and category and class of light-sport aircraft additional category or class of light- class flight instructor privilege you seek; you must— sport aircraft specified in § 61.419. (c) Complete an application for those (1) Complete, sign, and submit to the privileges on a form and in a manner FAA the application presented to you to § 61.431 Are there special provisions for acceptable to the FAA and present this obtaining a flight instructor certificate with obtain those privileges; and a sport pilot rating for persons who are application to the authorized instructor (2) Retain a copy of the form. who conducted the proficiency check registered ultralight instructors with an (c) You must keep the records listed FAA-recognized ultralight organization? specified in paragraph (b) of this in this section for 3 years. You may keep section; and If you are a registered ultralight these records in a logbook or a separate instructor with an FAA-recognized (d) Receive a logbook endorsement document. from the instructor who conducted the ultralight organization on or before proficiency check specified in § 61.425 How do I renew my flight September 1, 2004, and you want to paragraph (b) of this section certifying instructor certificate? apply for a flight instructor certificate you are proficient in the areas of If you hold a flight instructor with a sport pilot rating, not later than operation and authorized for the certificate with a sport pilot rating you January 31, 2008— additional category and class flight may renew your certificate in (a) You must hold either a current and instructor privilege. accordance with the provisions of valid sport pilot certificate, a current § 61.197. recreational pilot certificate and meet § 61.421 May I give myself an the requirements § 61.101(c), or at least endorsement? § 61.427 What must I do if my flight a current and valid private pilot No. If you hold a flight instructor instructor certificate with a sport pilot rating certificate issued under this part. certificate with a sport pilot rating, you expires? (b) You must meet the eligibility may not give yourself an endorsement You may exchange your expired flight requirements in §§ 61.403 and 61.23. for any certificate, privilege, rating, instructor certificate with a sport pilot You do not have to meet the

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aeronautical knowledge requirements Authority: 49 U.S.C. 106(g), 40113, 44701– appliance, of an aircraft with a special specified in § 61.407, the flight 44703, 44707, 44709–44711, 45102–45103, airworthiness certificate in the light- proficiency requirements specified in 45301–45302. sport category after performing and § 61.409 and the aeronautical I 51. Amend § 65.85 by designating the inspecting a major repair or major experience requirements specified in existing text as paragraph (a) and alteration for products that are not § 61.411, except you must meet the inserting phrase ‘‘Except as provided in produced under an FAA approval, minimum total flight time requirements paragraph (b) of this section,’’ at the provided the work was performed in in the category and class of light-sport beginning of new paragraph (a), and accordance with instructions developed aircraft specified in § 61.411. adding paragraph (b) to read as follows: by the manufacturer or a person (c) You do not have to meet the acceptable to the FAA. aeronautical knowledge requirement § 65.85 Airframe rating; additional I 53. Amend § 65.101 by revising specified in § 61.407(a) if you have privileges. paragraph (b) to read as follows: passed an FAA-recognized ultralight * * * * * organization’s fundamentals of (b) A certificated mechanic with an § 65.101 Eligibility requirements: General. instruction knowledge test. airframe rating can approve and return * * * * * (d) You must submit a certified copy to service an airframe, or any related (b) This section does not apply to the of your ultralight pilot records from the part or appliance, of an aircraft with a issuance of a repairman certificate FAA-recognized ultralight organization. special airworthiness certificate in the (experimental aircraft builder) under Those records must— light-sport category after performing and § 65.104 or to a repairman certificate (1) Document that you are a registered inspecting a major repair or major (light-sport aircraft) under § 65.107. ultralight flight instructor with that alteration for products that are not I 54. Amend § 65.103 by adding FAA-recognized ultralight organization; produced under an FAA approval paragraph (c) to read as follows: and provided the work was performed in accordance with instructions developed § 65.103 Repairman certificate: Privileges (2) Indicate that you are recognized to and limitations. operate and provide training in the by the manufacturer or a person * * * * * category and class of aircraft for which acceptable to the FAA. I (c) This section does not apply to the you seek privileges. 52. Amend § 65.87 by designating the holder of a repairman certificate (light- (e) You must pass the knowledge test existing text as paragraph (a) and sport aircraft) while that repairman is and practical test for a flight instructor inserting the phrase ‘‘Except as provided performing work under that certificate. certificate with a sport pilot rating in paragraph (b) of this section,’’ at the applicable to the aircraft category and beginning of new paragraph (a) and * * * * * class for which you seek flight adding paragraph (b) to read as follows: I 55. Add § 65.107 to subpart E to read as follows: instructor privileges. § 65.87 Powerplant rating; additional privileges. § 65.107 Repairman certificate (light-sport PART 65—CERTIFICATION: AIRMEN aircraft): Eligibility, privileges, and limits. OTHER THAN FLIGHT * * * * * CREWMEMBERS (b) A certificated mechanic with a (a) Use the following table to powerplant rating can approve and determine your eligibility for a I 50. The authority citation for part 65 return to service a powerplant or repairman certificate (light-sport continues to read as follows: propeller, or any related part or aircraft) and appropriate rating:

To be eligible for You must

(1) A repairman certificate (light-sport aircraft) ...... (i) Be at least 18 years old, (ii) Be able to read, speak, write, and understand English. If for medical reasons you cannot meet one of these requirements, the FAA may place limits on your repairman certificate necessary to safely perform the actions authorized by the certificate and rating, (iii) Demonstrate the requisite skill to determine whether a light-sport aircraft is in a condition for safe operation, and (iv) Be a citizen of the United States, or a citizen of a foreign country who has been lawfully admitted for permanent residence in the United States. (2) A repairman certificate (light-sport aircraft) with an inspection rating (i) Meet the requirements of paragraph (a)(1) of this section, and (ii) Complete a 16-hour training course acceptable to the FAA on in- specting the particular class of experimental light-sport aircraft for which you intend to exercise the privileges of this rating. (3) A repairman certificate (light-sport aircraft) with a maintenance rat- (i) Meet the requirements of paragraph (a)(1) of this section, and ing (ii) Complete a training course acceptable to the FAA on maintaining the particular class of light-sport aircraft for which you intend to exer- cise the privileges of this rating. The training course must, at a min- imum, provide the following number of hours of instruction: (A) For airplane class privileges—120-hours, (B) For weight-shift control aircraft class privileges—104 hours, (C) For powered parachute class privileges—104 hours, (D) For lighter than air class privileges—80 hours, (E) For glider class privileges—80 hours.

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(b) The holder of a repairman manuals for the specific operation (ii) The pilot in command holds a certificate (light-sport aircraft) with an concerned. recreational pilot certificate and has inspection rating may perform the met— PART 91—GENERAL OPERATING AND annual condition inspection on a light- (A) The requirements of § 61.101(d) of FLIGHT RULES sport aircraft: this chapter; or (1) That is owned by the holder; I 56. The authority citation for part 91 (B) The requirements for a student (2) That has been issued an continues to read as follows: pilot seeking a recreational pilot experimental certificate for operating a certificate in § 61.94 of this chapter; light-sport aircraft under § 21.191(i) of Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44709, this chapter; and (iii) The pilot in command holds a 44711, 44712, 44715, 44716, 44717, 44722, sport pilot certificate and has met — (3) That is in the same class of light- 46306, 46315, 46316, 46504, 46506–56507, sport-aircraft for which the holder has 47122, 47508, 47528–47531, articles 12 and (A) The requirements of § 61.325 of completed the training specified in 29 of the Convention on International Civil this chapter; or paragraph (a)(2)(ii) of this section. Aviation (61 stat. 1180). (B) The requirements for a student (c) The holder of a repairman I 57. Amend § 91.1 by revising pilot seeking a recreational pilot certificate (light-sport aircraft) with a paragraph (b) to read as follows: certificate in § 61.94 of this chapter; or maintenance rating may— § 91.1 Applicability. (iv) The aircraft is operated by a (1) Approve and return to service an student pilot who has met the aircraft that has been issued a special * * * * * requirements of § 61.94 or § 61.95 of this (b) Each person operating an aircraft airworthiness certificate in the light- chapter, as applicable. sport category under § 21.190 of this in the airspace overlying the waters chapter, or any part thereof, after between 3 and 12 nautical miles from * * * * * performing or inspecting maintenance the coast of the United States must (2) Notwithstanding the provisions of (to include the annual condition comply with §§ 91.1 through 91.21; paragraphs (b)(1)(ii), (b)(1)(iii) and inspection and the 100-hour inspection §§ 91.101 through 91.143; §§ 91.151 (b)(1)(iv) of this section, no person may required by § 91.327 of this chapter), through 91.159; §§ 91.167 through take off or land a civil aircraft at those preventive maintenance, or an alteration 91.193; § 91.203; § 91.205; §§ 91.209 airports listed in section 4 of appendix (excluding a major repair or a major through 91.217; § 91.221; §§ 91.303 D to this part unless the pilot in alteration on a product produced under through 91.319; §§ 91.323 through command holds at least a private pilot an FAA approval); 91.327; § 91.605; § 91.609; §§ 91.703 certificate. (2) Perform the annual condition through 91.715; and § 91.903. * * * * * inspection on a light-sport aircraft that * * * * * I 61. Amend § 91.155 by revising has been issued an experimental I 58. Amend § 91.113 by revising paragraph (b)(2) to read as follows: certificate for operating a light-sport paragraphs (d)(2) and (d)(3) to read as aircraft under § 21.191(i) of this chapter; follows: § 91.155 Basic VFR weather minimums. and * * * * * (3) Only perform maintenance, § 91.113 Right-of-way rules: Except water operations. (b) * * * preventive maintenance, and an alteration on a light-sport aircraft that is * * * * * (2) Airplane, powered parachute, or in the same class of light-sport aircraft (d) * * * weight-shift-control aircraft. If the for which the holder has completed the (2) A glider has the right-of-way over visibility is less than 3 statute miles but training specified in paragraph (a)(3)(ii) an airship, powered parachute, weight- not less than 1 statute mile during night of this section. Before performing a shift-control aircraft, airplane, or hours and you are operating in an 1 major repair, the holder must complete rotorcraft. airport traffic pattern within ⁄2 mile of (3) An airship has the right-of-way additional training acceptable to the the runway, you may operate an over a powered parachute, weight-shift- FAA and appropriate to the repair airplane, powered parachute, or weight- control aircraft, airplane, or rotorcraft. performed. shift-control aircraft clear of clouds. (d) The holder of a repairman * * * * * * * * * * I certificate (light-sport aircraft) with a 59. Amend § 91.126 by revising I 62. Amend § 91.213 by revising maintenance rating may not approve for paragraph (b)(2) to read as follows: paragraph (d)(1)(i) to read as follows: return to service any aircraft or part § 91.126 Operating on or in the vicinity of thereof unless that person has § 91.213 Inoperative instruments and an airport in Class G airspace. equipment. previously performed the work (b) * * * * * * * * concerned satisfactorily. If that person (2) Each pilot of a helicopter or a has not previously performed that work, powered parachute must avoid the flow (d) * * * the person may show the ability to do of fixed-wing aircraft. (1) * * * the work by performing it to the * * * * * (i) Rotorcraft, non-turbine-powered satisfaction of the FAA, or by I 60. Amend § 91.131 by revising airplane, glider, lighter-than-air aircraft, performing it under the direct paragraphs (b)(1)(i), (b)(1)(ii) and (b)(2), powered parachute, or weight-shift- supervision of a certificated and and by adding paragraphs (b)(1)(iii) and control aircraft, for which a master appropriately rated mechanic, or a (b)(1)(iv) to read as follows: minimum equipment list has not been certificated repairman, who has had developed; or previous experience in the specific § 91.131 Operations in Class B airspace. operation concerned. The repairman * * * * * * * * * * may not exercise the privileges of the (b) * * * I 63. Amend § 91.309 by revising the certificate unless the repairman (1) * * * section heading and paragraphs (a) understands the current instructions of (i) The pilot in command holds at introductory text, (a)(3), (a)(5), and (b) to the manufacturer and the maintenance least a private pilot certificate; read as follows:

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§ 91.309 Towing: Gliders and unpowered (f) No person may lease an aircraft appropriately rated repair station in ultralight vehicles. that is issued an experimental certificate accordance with the applicable (a) No person may operate a civil under § 21.191(i) of this chapter, except provisions of part 43 of this chapter and aircraft towing a glider or unpowered in accordance with paragraph (e)(1) of maintenance and inspection procedures ultralight vehicle unless— this section. developed by the aircraft manufacturer * * * * * (g) No person may operate an aircraft or a person acceptable to the FAA; (3) The towline used has breaking issued an experimental certificate under (2) A condition inspection is strength not less than 80 percent of the § 21.191(i)(1) of this chapter to tow a performed once every 12 calendar maximum certificated operating weight glider that is a light-sport aircraft or months by a certificated repairman of the glider or unpowered ultralight unpowered ultralight vehicle for (light-sport aircraft) with a maintenance vehicle and not more than twice this compensation or hire or to conduct rating, an appropriately rated mechanic, operating weight. However, the towline flight training for compensation or hire or an appropriately rated repair station used may have a breaking strength more in an aircraft which that persons in accordance with inspection than twice the maximum certificated provides unless within the preceding procedures developed by the aircraft operating weight of the glider or 100 hours of time in service the aircraft manufacturer or a person acceptable to unpowered ultralight vehicle if— has— the FAA; (i) A safety link is installed at the (1) Been inspected by a certificated (3) The owner or operator complies point of attachment of the towline to the repairman (light-sport aircraft) with a with all applicable airworthiness glider or unpowered ultralight vehicle maintenance rating, an appropriately directives; with a breaking strength not less than 80 rated mechanic, or an appropriately (4) The owner or operator complies percent of the maximum certificated rated repair station in accordance with with each safety directive applicable to operating weight of the glider or inspection procedures developed by the the aircraft that corrects an existing unpowered ultralight vehicle and not aircraft manufacturer or a person unsafe condition. In lieu of complying greater than twice this operating weight; acceptable to the FAA; or with a safety directive an owner or (ii) A safety link is installed at the (2) Received an inspection for the operator may— point of attachment of the towline to the issuance of an airworthiness certificate (i) Correct the unsafe condition in a towing aircraft with a breaking strength in accordance with part 21 of this manner different from that specified in greater, but not more than 25 percent chapter. the safety directive provided the person greater, than that of the safety link at the (h) The FAA may issue deviation issuing the directive concurs with the towed glider or unpowered ultralight authority providing relief from the action; or vehicle end of the towline and not provisions of paragraph (a) of this (ii) Obtain an FAA waiver from the greater than twice the maximum section for the purpose of conducting provisions of the safety directive based certificated operating weight of the flight training. The FAA will issue this on a conclusion that the safety directive glider or unpowered ultralight vehicle; deviation authority as a letter of was issued without adhering to the * * * * * deviation authority. applicable consensus standard; (5) The pilots of the towing aircraft (1) The FAA may cancel or amend a (5) Each alteration accomplished after and the glider or unpowered ultralight letter of deviation authority at any time. the aircraft’s date of manufacture meets vehicle have agreed upon a general (2) An applicant must submit a the applicable and current consensus course of action, including takeoff and request for deviation authority to the standard and has been authorized by release signals, airspeeds, and FAA at least 60 days before the date of either the manufacturer or a person emergency procedures for each pilot. intended operations. A request for acceptable to the FAA; (b) No pilot of a civil aircraft may deviation authority must contain a (6) Each major alteration to an aircraft intentionally release a towline, after complete description of the proposed product produced under a consensus release of a glider or unpowered operation and justification that standard is authorized, performed and ultralight vehicle, in a manner that establishes a level of safety equivalent to inspected in accordance with endangers the life or property of that provided under the regulations for maintenance and inspection procedures another. the deviation requested. developed by the manufacturer or a person acceptable to the FAA; and I 64. Amend § 91.319 by redesignating * * * * * (7) The owner or operator complies paragraph (e) as paragraph (h) and I 65. Add § 91.327 to read as follows: adding new paragraphs (e), (f) and (g) to with the requirements for the recording read as follows: § 91.327 Aircraft having a special of major repairs and major alterations airworthiness certificate in the light-sport performed on type-certificated products § 91.319 Aircraft having experimental category: Operating limitations. in accordance with § 43.9(d) of this certificates: Operating limitations. (a) No person may operate an aircraft chapter, and with the retention * * * * * that has a special airworthiness requirements in § 91.417. (e) No person may operate an aircraft certificate in the light-sport category for (c) No person may operate an aircraft that is issued an experimental certificate compensation or hire except— issued a special airworthiness certificate under § 21.191(i) of this chapter for (1) To tow a glider or an unpowered in the light-sport category to tow a compensation or hire, except a person ultralight vehicle in accordance with glider or unpowered ultralight vehicle may operate an aircraft issued an § 91.309 of this chapter; or for compensation or hire or conduct experimental certificate under (2) To conduct flight training. flight training for compensation or hire § 21.191(i)(1) for compensation or hire (b) No person may operate an aircraft in an aircraft which that persons to— that has a special airworthiness provides unless within the preceding (1) Tow a glider that is a light-sport certificate in the light-sport category 100 hours of time in service the aircraft aircraft or unpowered ultralight vehicle unless— has— in accordance with § 91.309; or (1) The aircraft is maintained by a (1) Been inspected by a certificated (2) Conduct flight training in an certificated repairman with a light-sport repairman with a light-sport aircraft aircraft which that person provides aircraft maintenance rating, an maintenance rating, an appropriately prior to January 31, 2010. appropriately rated mechanic, or an rated mechanic, or an appropriately

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rated repair station in accordance with in the light-sport category must advise introductory text of Section 4 to read as inspection procedures developed by the each person carried of the special nature follows: aircraft manufacturer or a person of the aircraft and that the aircraft does acceptable to the FAA and been not meet the airworthiness requirements Appendix D to Part 91—Airports/ approved for return to service in for an aircraft issued a standard Locations: Special Operating accordance with part 43 of this chapter; airworthiness certificate. Restrictions or (f) The FAA may prescribe additional * * * * * (2) Received an inspection for the limitations that it considers necessary. Section 4. Locations at which solo student, issuance of an airworthiness certificate I 66. Amend § 91.409 by revising sport, and recreational pilot activity is not in accordance with part 21 of this paragraph (c)(1) to read as follows: permitted. chapter. Pursuant to § 91.131(b)(2), solo student, (d) Each person operating an aircraft § 91.409 Inspections. sport, and recreational pilot operations are issued a special airworthiness certificate * * * * * not permitted at any of the following airports. in the light-sport category must operate (c) * * * * * * * * the aircraft in accordance with the (1) An aircraft that carries a special flight permit, a current experimental Issued in Washington, DC, on July 16, aircraft’s operating instructions, 2004. including any provisions for necessary certificate, or a light-sport or provisional operating equipment specified in the airworthiness certificate; Marion C. Blakey, aircraft’s equipment list. * * * * * Administrator. (e) Each person operating an aircraft I 67. Amend Appendix D to part 91 by [FR Doc. 04–16577 Filed 7–20–04; 9:33 am] issued a special airworthiness certificate revising the section heading and BILLING CODE 4910–13–P

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Part IV

The President Exeuctive Order 13348—Blocking Property of Certain Persons and Prohibiting the Importation of Certain Goods from Liberia Executive Order 13349—Amending Executive Order 13226 To Designate the President’s Council of Advisors on Science and Technology To Serve as the National Nanotechnology Advisory Panel

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Federal Register Presidential Documents Vol. 69, No. 143

Tuesday, July 27, 2004

Title 3— Executive Order 13348 of July 22, 2004

The President Blocking Property of Certain Persons and Prohibiting the Im- portation of Certain Goods from Liberia

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations Participation Act, as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, and in view of United Nations Security Council Resolutions 1521 of December 22, 2003, and 1532 of March 12, 2004, I, GEORGE W. BUSH, President of the United States of America, note that the actions and policies of former Liberian President Charles Taylor and other persons, in particular their unlawful depletion of Liberian resources and their removal from Liberia and secreting of Liberian funds and property, have undermined Liberia’s transition to democracy and the orderly develop- ment of its political, administrative, and economic institutions and resources. I further note that the Comprehensive Peace Agreement signed on August 18, 2003, and the related ceasefire have not yet been universally implemented throughout Liberia, and that the illicit trade in round logs and timber products is linked to the proliferation of and trafficking in illegal arms, which perpet- uate the Liberian conflict and fuel and exacerbate other conflicts throughout West Africa. I find that the actions, policies, and circumstances described above constitute an unusual and extraordinary threat to the foreign policy of the United States and hereby declare a national emergency to deal with that threat. To address that threat, I hereby order: Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), or regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwith- standing any contract entered into or any license or permit granted prior to the effective date of this order, all property and interests in property of the following persons, that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (i) the persons listed in the Annex to this order; and (ii) any person determined by the Secretary of the Treasury, in con- sultation with the Secretary of State: (A) to be or have been an immediate family member of Charles Taylor; (B) to have been a senior official of the former Liberian regime headed by Charles Taylor or otherwise to have been or be a close ally or associate of Charles Taylor or the former Li- berian regime; (C) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the unlawful depletion of Liberian resources, the removal of Liberian resources from that country, and the secreting of Liberian funds and property by any person whose property and interests in property are blocked pursu- ant to this order; or

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(D) to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order. (b) I hereby determine that the making of donations of the type of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of, any person whose property or interests in property are blocked pursuant to paragraph (a) of this section would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by paragraph (a) of this section. (c) The prohibitions in paragraph (a) of this section include, but are not limited to, (i) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of, any person whose property or interests in property are blocked pursuant to this order, and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 2. Except to the extent provided in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order, the direct or indirect importation into the United States of any round log or timber product originating in Liberia is prohibited. Sec. 3. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 4. For purposes of this order: (a) the term ‘‘person’’ means an individual or entity; (b) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (c) the term ‘‘United States person’’ means any United States citizen, perma- nent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; and (d) the term ‘‘round log or timber product’’ means any product classifiable in Chapter 44 of the Harmonized Tariff Schedule of the United States. Sec. 5. For those persons whose property and interests in property are blocked pursuant to section 1 of this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of meas- ures to be taken pursuant to this order would render these measures ineffec- tual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA and UNPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these func- tions to other officers and agencies of the United States Government, con- sistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken.

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Sec. 7. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit the recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of NEA, 50 U.S.C. 1641(c), and section 204(c) of IEEPA, 50 U.S.C. 1703(c). Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to determine, subsequent to the issuance of this order, that circumstances no longer warrant the inclusion of a person in the Annex to this order and that the property and interests in property of that person are therefore no longer blocked pursuant to section 1 of this order. Sec. 9. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. Sec. 10. This order is effective at 12:01 a.m. eastern daylight time on July 23, 2004. Sec. 11. This order shall be transmitted to the Congress and published in the Federal Register. W

THE WHITE HOUSE, July 22, 2004.

Billing code 3195–01–P

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[FR Doc. 04–17205 Filed 7–26–04; 8:45 am] Billing code 4810–25–C

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Executive Order 13349 of July 23, 2004

Amending Executive Order 13226 To Designate the Presi- dent’s Council of Advisors on Science and Technology To Serve as the National Nanotechnology Advisory Panel

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the 21st Century Nanotechnology Research and Development Act (Public Law 108–153), and in order to designate the National Nanotechnology Advisory Panel pursuant to section 4(a) of that Act, it is hereby ordered as follows: Executive Order 13226 of September 30, 2001, as amended, is further amend- ed by adding a new section 2(c), to read as follows: ‘‘(c) PCAST shall serve as the National Nanotechnology Advisory Panel under section 4 of the 21st Century Nanotechnology Research and Develop- ment Act (Public Law 108–153) (Act). Nothing in this Order shall be con- strued to require the National Nanotechnology Advisory Panel to comply with any requirement from which it is exempted by section 4(f) of the Act.’’ W THE WHITE HOUSE, July 23, 2004.

[FR Doc. 04–17204 Filed 7–26–04; 8:45 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 69, No. 143 Tuesday, July 27, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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 924...... 42899 1030...... 43538 741–6000 Executive orders and proclamations Proclamations: 3402...... 41763 The United States Government Manual 741–6000 7800...... 40299 8 CFR Other Services 7801...... 41179 7802...... 43727 Electronic and on-line services (voice) 741–6020 103...... 39814 Executive Orders: Privacy Act Compilation 741–6064 212...... 43729 11269 (See EO 214 ...... 39814, 41388, 43729 Public Laws Update Service (numbers, dates, etc.) 741–6043 13345) ...... 41901 299...... 39814 TTY for the deaf-and-hard-of-hearing 741–6086 12163 (Amended by Proposed Rules: EO 13346)...... 41905 236...... 42901 ELECTRONIC RESEARCH 12757 (Revoked by 241...... 42901 World Wide Web EO 13345)...... 41901 1236...... 42901 12823 (Revoked by Full text of the daily Federal Register, CFR and other publications 1240...... 42901 EO 13345)...... 41901 is located at: http://www.gpoaccess.gov/nara/index.html 1241...... 42901 13028 (Revoked by Federal Register information and research tools, including Public EO 13345)...... 41901 9 CFR Inspection List, indexes, and links to GPO Access are located at: 13131 (Revoked by 1...... 42089 http://www.archives.gov/federallregister/ EO 13345)...... 41901 2...... 42089 E-mail 13226 (Amended by 51...... 41909 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13349) ...... 44891 78...... 40763 an open e-mail service that provides subscribers with a digital 13227 (Amended by 93...... 43283 form of the Federal Register Table of Contents. The digital form EO 13346)...... 41905 94...... 41915 of the Federal Register Table of Contents includes HTML and 13261 (Amended by Proposed Rules: PDF links to the full text of each document. EO 13344)...... 41747 2...... 43538 13344...... 41747 3...... 43538 To join or leave, go to http://listserv.access.gpo.gov and select 13345...... 41901 50...... 42288 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13346...... 41905 51...... 41909, 42288 (orchange settings); then follow the instructions. 13348...... 44885 52...... 42288 PENS (Public Law Electronic Notification Service) is an e-mail 13349...... 44891 53...... 42288 service that notifies subscribers of recently enacted laws. Administrative Orders: 54...... 42288 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandums: 55...... 42288 and select Join or leave the list (or change settings); then follow Memorandum of June 56...... 42288 the instructions. 29, 2004 ...... 40531 57...... 42288 Memorandum of July 58...... 42288 FEDREGTOC-L and PENS are mailing lists only. We cannot 5, 2004 ...... 42087 59...... 42288 respond to specific inquiries. Memorandum of July 60...... 42288 Reference questions. Send questions and comments about the 2, 2004 ...... 43723 61...... 42288 Federal Register system to: [email protected] Memorandum of July 62...... 42288 The Federal Register staff cannot interpret specific documents or 8, 2004 ...... 43725 63...... 42288 regulations. Presidential 64...... 42288 Determinations: 65...... 42288 No. 2004–38 of June FEDERAL REGISTER PAGES AND DATE, JULY 66...... 42288 24, 2004 ...... 40305 67...... 42288 39811–40304...... 1 No. 2004–39 of June 68...... 42288 40305–40532...... 2 25, 2004 ...... 40761 69...... 42288 70...... 42288 40533–40762...... 6 7 CFR 40763–41178...... 7 71...... 42288 16...... 41375 41179–41374...... 8 72...... 42288 301 ...... 40533, 41181, 42849, 41375–41748...... 9 73...... 42288 43511, 43891 74...... 42288 41749–41900...... 12 457...... 44575 75...... 42288 41901–42086...... 13 762...... 44576 76...... 42288 42087–42328...... 14 916...... 41120, 44457 77...... 40329, 42288 42329–42548...... 15 917...... 41120, 44457 78...... 40556, 42288 42549–42848...... 16 930...... 41383 79...... 42288 42849–43282...... 19 958...... 42850 80...... 42288 43283–43510...... 20 981...... 40534, 41907 81...... 42288 43511–43728...... 21 983...... 44460 82...... 42288 43729–43890...... 22 989...... 41385 83...... 42288 43891–44456...... 23 1435...... 39811 84...... 42288 44457–44574...... 26 Proposed Rules: 85...... 42288 44575–44892...... 27 39...... 40819 309...... 42288

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310...... 42288 1274...... 41935 348...... 43929 301...... 41938, 43317 311...... 42288 1275...... 42102 375...... 43929 602 ...... 41192, 41938, 43735 318...... 42288 Proposed Rules: 385...... 40332, 43929 Proposed Rules: 319...... 42288 39 ...... 39875, 39877, 40819, 1 ...... 42370, 42919, 43366, 40821, 40823, 41204, 41207, 19 CFR 43367, 43786 10 CFR 41209, 41211, 41213, 41985, 101...... 41749 25...... 44476 2...... 41749 41987, 41990, 41992, 41994, 26...... 42000 20 CFR 12 CFR 41997, 42356, 42358, 42360, 49...... 40345 42363, 42365, 42368, 41612, 656...... 43716 301...... 43369 25...... 41181 42912, 43775, 43777, 43779, 667...... 41882 201...... 41388 43783, 44474 670...... 41882 27 CFR 228...... 41181 71 ...... 40330, 40331, 41215, Proposed Rules: 9...... 41750 345...... 41181 41216, 41218 404...... 40338 563e...... 41181 73...... 43539 416...... 40338 28 CFR 609...... 42852 121...... 42324 667...... 41769 611...... 42852 25...... 43892 125...... 42324 1001...... 40724 302...... 41943 612...... 42852 135...... 42324 613...... 43511 21 CFR 506...... 40315 243...... 43540 540...... 40315 614 ...... 42852, 42853, 43511 17...... 43299 615...... 42852 15 CFR Proposed Rules: 110...... 40312 550...... 39887 617...... 42852 736...... 42332 172...... 40765 618...... 43511 738...... 41879 189...... 42256 29 CFR 703...... 39827 742...... 42862 510...... 40765, 41427 704...... 39827 744...... 42332 520...... 41427, 43735 2...... 41882 Proposed Rules: 748...... 42862 522...... 40765, 43891 37...... 41882, 41894 Ch. I ...... 43347 770...... 42862 524...... 40766, 41427 4022...... 42333 41...... 42502 774...... 42862 556...... 43891 4044...... 42333 Ch. II ...... 43347 700...... 42256 Proposed Rules: 222...... 42502 16 CFR Proposed Rules: 37...... 41769 Ch. III ...... 43347 305...... 42107 56...... 40556 101...... 44612 303...... 43060 315...... 40482 189...... 42275 102...... 44612 325...... 43060 456...... 40482 312...... 43351 1910...... 41221 327...... 43060 1915...... 41221 Proposed Rules: 314...... 43351 334...... 42502 1917...... 41221 680...... 43546 589...... 42288 347...... 43060 1918...... 41221 682...... 41219 600...... 43351 Ch. V...... 43347 1926...... 41221, 42379 698...... 41616 601...... 43351 571...... 42502 700...... 42275 Ch. VII...... 41202 17 CFR 30 CFR 701...... 39871 22 CFR 3...... 42112 717...... 42502 1...... 41424 41...... 43515 913...... 42870 723...... 39873 4...... 41424 121...... 40313 Proposed Rules: 1412...... 41606 31...... 41424 36...... 43285 123...... 40313 18...... 42812 13 CFR 140...... 41424 Proposed Rules: 48...... 42842 75...... 42812, 44480 121...... 44461 145...... 41424 22...... 42913 190...... 41424 206...... 43944 Proposed Rules: 24 CFR 902...... 42920 121...... 39874 200...... 41060, 41936 230...... 43295 5...... 41712 914 ...... 42927, 42931, 42937 14 CFR 240...... 41060 25...... 43504 917...... 42939 249...... 41060 35...... 40474 920...... 42943 1...... 44772 943...... 42948 21...... 44772 270...... 41696 203...... 43504 275...... 41696 570...... 41712 25 ...... 40307, 40520, 40537, 32 CFR 42329 279...... 41696 Proposed Rules: 36...... 41573 Proposed Rules: 81...... 39886 61...... 43318 39 ...... 39833, 39834, 39835, 1...... 39880 570...... 41434 260...... 42114 40309, 40539, 40541, 40764, 38...... 39880 583...... 43488 Proposed Rules: 41189, 41389, 41391, 41394, 247...... 42302 635...... 41626 25 CFR 41396, 41398, 41401, 41403, 41405, 41407, 41410, 41411, 18 CFR 170...... 43090 33 CFR 41413, 41414, 41417, 41418, 388...... 41190 Proposed Rules: 100 ...... 41196, 42870, 43516, 41419, 41421, 41920, 41923, Proposed Rules: Ch. 1...... 39887, 43546 43741, 43743, 44597 41925, 41926, 41928, 41930, 5...... 40332 30...... 43547, 44476 107...... 41367 42549, 42855, 42858, 42860, 16...... 40332 36...... 41770 110...... 42335 42861, 43732, 44580, 44586, 35...... 43929 37...... 43547, 44476 117 ...... 41196, 41944, 42872, 44587, 44589, 44591, 44592, 131...... 43929 39...... 43547, 44476 42874, 42876, 43901, 43903, 44594 154...... 43929 42...... 43547, 44476 43904 43...... 44772 156...... 40332 44...... 43547, 44476 151...... 40767 45...... 44772 157...... 40332, 43929 47...... 43547, 44476 161...... 39837 61...... 44772 250...... 43929 48...... 41770 165 ...... 40319, 40542, 40768, 65...... 44772 281...... 43929 41196, 41367, 41944, 42115, 71 ...... 39837, 40310, 40542, 284...... 43929 26 CFR 42335, 42876, 43745, 43746, 41189, 42331 300...... 43929 1 ...... 41192, 42551, 42559, 43748, 43904, 43906, 43908, 91...... 44772 341...... 43929 43302, 43304, 43735, 44596, 43911, 43913, 44597 97...... 41934, 44595 344...... 43929 44597 Proposed Rules: 383...... 41423 346...... 43929 31...... 41938 165...... 40345, 42950 1260...... 41935 347...... 43929 157...... 41192 334...... 44613

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34 CFR 44461, 44599, 44601 44 CFR 52...... 42544 60 ...... 40770, 41346, 42117 75...... 41200 64...... 40324, 42584 533...... 40730 61...... 43322 Proposed Rules: 552...... 40730 36 CFR 62...... 42117 1842...... 44609 63 ...... 39862, 41757, 42885 67 ...... 40836, 40837, 44632 228...... 41428 1843...... 44609 81 ...... 39860, 41336, 43522, 242...... 40174 45 CFR 44601 1844...... 44609 251...... 41946 93...... 40004, 43325 74...... 42586 1845...... 44609 261...... 41946 122...... 41576 87...... 42586 1846...... 44609 295...... 41946 123...... 41576 92...... 42586 1847...... 44609 701...... 39837 124...... 41576 96...... 42586 1848...... 44609 702...... 39837 125...... 41576 146...... 43924, 43926 1849...... 44609 704...... 39837 147...... 42341 Proposed Rules: 1850...... 44609 705...... 39837 152...... 39862 30...... 42010 1851...... 44609 800...... 40544 33...... 42022 154...... 39862 1852...... 44610 1190...... 44084 158...... 39862 46...... 40584 1191...... 44084 159...... 39862 46 CFR Proposed Rules: 168...... 39862 49 CFR 7...... 40562 178...... 39862 296...... 43328 37...... 40794 212...... 42381 180 ...... 40774, 40781, 42560, 172...... 41967 251...... 42381 47 CFR 43525, 43918 193...... 41761 261...... 42381 0...... 41130 194...... 42571 544...... 41974 294...... 41636 239...... 42583 1 ...... 39864, 40326, 41028, 571...... 42595 295...... 42381 257...... 42583 41130 271...... 44463 27...... 39864 572...... 42595 37 CFR 300...... 43755, 44467 32...... 44607 Proposed Rules: 1...... 43751 710...... 40787 51...... 43762 571...... 42126, 43787 2...... 43751 Proposed Rules: 54...... 43771 64...... 40325 Proposed Rules: 51...... 41225 50 CFR 202...... 42004 52 ...... 39892, 40824, 41344, 73 ...... 39868, 39869, 40791, 211...... 42004 41441, 43370, 43371, 43956, 41432, 42345, 42897, 43533, 17 ...... 40084, 40796, 44736 212...... 42004 44631, 44632 43534, 43771, 43772, 44470 100...... 40174 270...... 42007 60 ...... 40824, 40829, 42123, 74...... 43772 216...... 41976 43371 80...... 44471 223...... 40734 62...... 42123, 41641 90...... 39864 229...... 43338, 43772 38 CFR 63...... 41779, 42954 95...... 39864 622...... 41433 1...... 39844 81...... 41344, 44632 101...... 43772, 44608 635...... 40734, 43535 3...... 42879 131...... 41720 Proposed Rules: 648 ...... 40850, 41980, 43535, 17...... 39845 180 ...... 40831, 41442, 43548 54...... 40839 43928 Proposed Rules: 239...... 41644 64...... 42125 660 ...... 40805, 40817, 42345, 3...... 44614 257...... 41644 73 ...... 39893, 41444, 42956, 43345 5...... 44614 261...... 42395 42957, 43552, 43553, 43786, 679 ...... 41984, 42122, 42345, 271...... 40568, 44481 44482 43536, 43537, 44472, 44473 39 CFR 300...... 44482 76...... 43786 Proposed Rules: 3...... 42340 101...... 40843 42 CFR 17 ...... 41445, 43058, 43554, 265...... 39851 414...... 40288 48 CFR 43664 40 CFR Proposed Rules: Proposed Rules: 20...... 43694 9...... 41576 402...... 43956 2...... 43712 32...... 42127, 43964 51 ...... 40274, 40278, 42560 7...... 43712 224...... 41446 52 ...... 39854, 39856, 39858, 43 CFR 11...... 43712 300...... 41447 39860, 40274, 40278, 40321, 3830...... 40294 16...... 40514, 43712 402...... 40346 40324, 41336, 41431, 42340, 3834...... 40294 37...... 43712 648...... 41026 42560, 42880, 43319, 43518, Proposed Rules: 39...... 40514, 43712 660 ...... 40851, 43383, 43789 43520, 43522, 43752, 43916, 1600...... 43378 45...... 42544 679 ...... 41447, 42128, 44634

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REMINDERS published 6-7-04 [FR 04- West Coast States and Pennsylvania; comments The items in this list were 12654] Western Pacific due by 8-2-04; published editorially compiled as an aid AGRICULTURE fisheries— 7-1-04 [FR 04-14823] to Federal Register users. DEPARTMENT Coastal pelagic species; Environmental statements; Inclusion or exclusion from Agricultural Marketing comments due by 8-4- availability, etc.: this list has no legal Service 04; published 7-20-04 Coastal nonpoint pollution significance. Cotton classing, testing and [FR 04-16471] control program— standards: Pacific Coast groundfish; Minnesota and Texas; comments due by 8-2- Open for comments RULES GOING INTO Classification services to growers; 2004 user fees; 04; published 7-7-04 until further notice; EFFECT JULY 27, 2004 Open for comments until [FR 04-15379] published 10-16-03 [FR further notice; published Pacific Fishery 03-26087] FEDERAL 5-28-04 [FR 04-12138] Management Council; Hazardous waste program COMMUNICATIONS Fresh prunes grown in— environmental impact authorizations: COMMISSION statement; scoping Oregon and Washington; Connecticut; comments due Common carrier services: meetings; comments by 8-5-04; published 7-6- comments due by 8-3-04; due by 8-2-04; Uniform System of 04 [FR 04-15102] published 7-19-04 [FR 04- published 5-24-04 [FR Accounts; correction; 16272] 04-11663] Pesticides; emergency published 7-27-04 exemptions, etc.: Shell egg voluntary grading; West Coast salmon; Wireless telecommunications comments due by 8-2-04; comments due by 8-4- Streptomyces lydicus WYEC services— published 6-2-04 [FR 04- 04; published 7-20-04 108; comments due by 8- Local telecommunication 12201] [FR 04-16356] 2-04; published 6-3-04 markets; competitive AGRICULTURE [FR 04-12558] COURT SERVICES AND networks promotion; DEPARTMENT Pesticides; tolerances in food, published 5-28-04 OFFENDER SUPERVISION Animal and Plant Health AGENCY FOR THE animal feeds, and raw Radio services, special: Inspection Service DISTRICT OF COLUMBIA agricultural commodities: Fixed microwave services— Animal welfare: Semi-annual agenda; Open for Novaluron; comments due 24 GHz service; licensing Birds, rats, and mice; comments until further by 8-2-04; published 6-2- and operation; regulations and standards; notice; published 12-22-03 04 [FR 04-12316] correction; published 7- comment request; [FR 03-25121] Toxic substances: 27-04 comments due by 8-3-04; ENERGY DEPARTMENT Inventory update rule; published 6-4-04 [FR 04- corrections; comments NATIONAL AERONAUTICS Federal Energy Regulatory 12692] due by 8-6-04; published AND SPACE Commission ADMINISTRATION Plant-related quarantine, 7-7-04 [FR 04-15353] Electric rate and corporate domestic: Water pollution; effluent Acquisition regulations: regulation filings: Gypsy moth; comments due guidelines for point source Administrative procedures Virginia Electric & Power and guidance; published by 8-6-04; published 6-7- categories: 04 [FR 04-12757] Co. et al.; Open for 7-27-04 comments until further Meat and poultry products Plant related quarantine; Representations and notice; published 10-1-03 processing facilities; Open domestic: certifications other than [FR 03-24818] for comments until further Pine shoot beetle; notice; published 12-30-99 commercial items; Government Paperwork comments due by 8-6-04; [FR 04-12017] published 7-27-04 Elimination Act; published 6-7-04 [FR 04- TRANSPORTATION implementation: FARM CREDIT 12758] ADMINISTRATION DEPARTMENT Commission issuances; Federal Aviation COMMERCE DEPARTMENT electronic notification; Farm credit system: Administration Economic Analysis Bureau comments due by 8-2-04; Preferred stock; Airworthiness directives: International services surveys: published 7-2-04 [FR 04- organization, standards of Airbus; published 6-22-04 BE-22; annual survey of 14893] conduct, loan policies and operations, fiscal affairs Alexander Schleicher; selected services ENVIRONMENTAL transactions with PROTECTION AGENCY and operations funding, published 6-8-04 and disclosure to unaffiliated foreign Air pollution; standards of Boeing; published 6-22-04 persons; comments due shareholders; comments Dowty Aerospace Propellers; performance for new due by 8-3-04; published by 8-6-04; published 6-7- stationary sources: published 6-22-04 04 [FR 04-12788] 6-4-04 [FR 04-12514] Industrial-commercial- Empresa Brasileira de COMMERCE DEPARTMENT FEDERAL Aeronautica, S.A. institutional steam National Oceanic and COMMUNICATIONS (EMBRAER); published 6- generating units; Atmospheric Administration COMMISSION 22-04 comments due by 8-6-04; Endangered and threatened published 7-7-04 [FR 04- Common carrier services: Standard instrument approach species: 15205] Federal-State Joint Board procedures; published 7-27- on Universal Service— 04 Right whale ship strike Air programs; State authority reduction; comments due delegations: Eligible telecommunication by 8-2-04; published 6-1- Alabama; comments due by carriers designation COMMENTS DUE NEXT 04 [FR 04-12356] 8-2-04; published 7-12-04 process; comments due WEEK Fishery conservation and [FR 04-15722] by 8-6-04; published 7- management: Air quality implementation 7-04 [FR 04-15240] AGENCY FOR Northeastern United States plans; approval and Radio services; special: INTERNATIONAL fisheries— promulgation; various Fixed microwave services— DEVELOPMENT Atlantic sea scallop; States: Rechannelization of the USAID programs; religious comments due by 8-6- North Dakota; comments 17.7 - 19.7 GHz organizations participation; 04; published 7-7-04 due by 8-6-04; published frequency band; comments due by 8-6-04; [FR 04-15396] 7-7-04 [FR 04-15341] comments due by 8-6-

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04; published 7-7-04 Bureau-funded school defined terms (Regulation Disallowance of interest [FR 04-15237] system; comments due B); comments due by 8-2- expense deductions; Radio stations; table of by 8-2-04; published 7- 04; published 6-30-04 [FR special consolidated return assignments: 21-04 [FR 04-16658] 04-14138] rules; comments due by Alabama and Florida; INTERIOR DEPARTMENT SMALL BUSINESS 8-5-04; published 5-7-04 comments due by 8-2-04; Fish and Wildlife Service ADMINISTRATION [FR 04-10477] Multi-party financing published 6-25-04 [FR 04- Endangered and threatened Disaster loan areas: arrangements; comments 14485] species: Maine; Open for comments Arizona and Nevada; until further notice; due by 8-5-04; published Critical habitat 5-7-04 [FR 04-10476] comments due by 8-2-04; designations— published 2-17-04 [FR 04- published 6-25-04 [FR 04- 03374] Stock or securities in Fish slough milk-vetch; exchange for, or with 14481] OFFICE OF UNITED STATES comments due by 8-3- respect to, stock or Georgia and North Carolina; TRADE REPRESENTATIVE 04; published 6-4-04 securities in certain comments due by 8-2-04; [FR 04-12658] Trade Representative, Office published 6-25-04 [FR 04- transactions; determination Munz’s onion; comments of United States 14486] of basis; comments due due by 8-3-04; Generalized System of by 8-2-04; published 5-3- New Mexico; comments due published 6-4-04 [FR Preferences: 04 [FR 04-10009] by 8-2-04; published 6-25- 04-12657] 2003 Annual Product 04 [FR 04-14487] Marine mammals: Review, 2002 Annual Various States; comments LIST OF PUBLIC LAWS Native exemptions; authentic Country Practices Review, due by 8-2-04; published native articles of and previously deferred 6-25-04 [FR 04-14488] product decisions; This is a continuing list of handicrafts and clothing; public bills from the current FEDERAL RESERVE definition; comments due petitions disposition; Open SYSTEM for comments until further session of Congress which by 8-3-04; published 6-4- have become Federal laws. It Truth in savings (Regulation 04 [FR 04-12139] notice; published 7-6-04 [FR 04-15361] may be used in conjunction DD): Migratory bird permits: TRANSPORTATION with ‘‘PLUS’’ (Public Laws Bounced-check or courtesy Take of migratory birds by DEPARTMENT Update Service) on 202–741– overdraft protection; the Department of 6043. This list is also comments due by 8-6-04; Defense; comments due Federal Aviation available online at http:// published 6-7-04 [FR 04- by 8-2-04; published 6-2- Administration www.archives.gov/ 12521] Airworthiness directives: 04 [FR 04-11411] federal—register/public—laws/ Boeing; comments due by HEALTH AND HUMAN INTERIOR DEPARTMENT public—laws.html. SERVICES DEPARTMENT 8-2-04; published 6-2-04 National Park Service [FR 04-11957] The text of laws is not Centers for Medicare & Special regulations: published in the Federal Medicaid Services Eurocopter Deutschland; Delaware Water Gap Register but may be ordered Medicare: comments due by 8-2-04; National Recreation Area, published 6-2-04 [FR 04- in ‘‘slip law’’ (individual Home health prospective PA and NJ; U.S. Route 12443] pamphlet) form from the payment system; 2005 CY Superintendent of Documents, 209 commercial vehicle Airworthiness standards: rates update; comments U.S. Government Printing fees; comments due by 8- Special conditions— due by 8-2-04; published 5-04; published 7-6-04 Office, Washington, DC 20402 6-2-04 [FR 04-12314] [FR 04-14114] Boeing Model 767-2AX (phone, 202–512–1808). The airplane; comments due text will also be made HEALTH AND HUMAN NUCLEAR REGULATORY SERVICES DEPARTMENT by 8-2-04; published 6- available on the Internet from COMMISSION 16-04 [FR 04-13580] Food and Drug GPO Access at http:// Environmental statements; Dassault Mystere Falcon Administration www.gpoaccess.gov/plaws/ availability, etc.: Model 20-C5, -D5, -E5, index.html. Some laws may Reports and guidance Fort Wayne State -F5 and Fanjet Falcon not yet be available. documents; availability, etc.: Developmental Center; Model C, D, E, F series Evaluating safety of Open for comments until airplanes; comments H.R. 3846/P.L. 108–278 antimicrobial new animal further notice; published due by 8-2-04; Tribal Forest Protection Act of drugs with regard to their 5-10-04 [FR 04-10516] published 7-2-04 [FR 2004 (July 22, 2004; 118 Stat. microbiological effects on PERSONNEL MANAGEMENT 04-15036] 868) bacteria of human health OFFICE Learjet Model 35, 35A, S. 1167/P.L. 108–279 concern; Open for 36, 36A series To resolve boundary conflicts comments until further Health benefits, Federal employees: airplanes; comments in Barry and Stone Counties notice; published 10-27-03 due by 8-5-04; Two option limitation in the State of Missouri. (July [FR 03-27113] published 7-6-04 [FR modified and coverage 22, 2004; 118 Stat. 872) HOMELAND SECURITY 04-15037] continuation for annuitants Last List July 23, 2004

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laws. The text of laws is not PENS cannot respond to specific inquiries sent to this available through this service. address.

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